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FREEDOM a series of speeches and lectures honoring the virtues of a free and democratic society
The Fortress Stone of American Exceptionalism: Clarity and Destiny or Confusion and Despair? By Judge Janice Rogers Brown
The following address was given by Judge Rogers Brown at The Philadelphia Society’s 46th Annual Meeting in Philadelphia this past April. Judge Rogers Brown was also a keynote speaker at The Fund for American Studies’ Annual Spring Conference. She Judge Janice Rogers Brown was appointed to the U.S. Court of Appeals in 2005. She is a graduate of both California State University in Sacramento and the University of California in Los Angeles School of Law. She also received a Master of Laws from the University of Virginia School of Law.
has graciously allowed TFAS to republish this speech in order to share these important thoughts about American exceptionalism with alumni, supporters and friends.
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Judge Brown has served as deputy in the Office of Legislative Counsel for the State of California; as deputy attorney general in the California Attorney General’s Office; and as deputy secretary and general counsel for California’s Business, Transportation and Housing Agency. She then entered private practice as a senior associate at the law firm of Nielsen, Merksamer, Parrinello, Mueller & Naylor.
merican exceptionalism is suddenly the topic of the day. And this is odd because America has been exceptional since its founding. It seems, though, that on both sides of the Atlantic, the American Way is being examined with a new attitude. The question is: why can’t Americans be more like Europeans? It becomes increasingly clear that the assault on American exceptionalism is really an assault on American constitutionalism. The challenge is very old and very new.
In 1991 Judge Brown returned to government service as the legal affairs secretary to California Governor Pete Wilson. From 1994 to 1996 she served as an associate justice of the California Court of Appeal, Third Appellate District. From 1996 to 2005 she served as associate justice of the California Supreme Court.
Recently, I heard a moving musical tribute entitled The Fortress Stone.1 The anthem is striking not only for its beautiful lyrical depiction of our founding’s first principles, but also for the challenge it poses to modern-day Americans. Here’s a little bit of the Prologue to this anthem; I’ll return later to its lyrics.
“Since the dawn of time, tyrants have conspired to rob humanity of the right to life, liberty, and the pursuit of happiness. [But] … the Constitution … has stood for over two centuries as a protective fortress, sheltering generation after generation from those who would destroy freedom. … Consider our role in defending the very fortress that defends us all. Consider both its immense power, but also its fragile vulnerability. This wall of protection is only as strong as our devotion to know, to live, and to safeguard its truths.” This caution echoes a sober observation by Judge Learned Hand. In a 1945 speech called “The Spirit of Liberty,” Hand tells us: “Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can
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