Montana Lawyer December 2024/January 2025

the environment, provide more clean water, have higher life expectancies, and see more equitable distribution of education.” 12 The U.S. Department of State asserts that “[s] upporting democracy not only promotes such fundamental American values as religious freedom and worker rights, but also helps create a more secure, stable, and prosper ous global arena in which the United States can advance its national interests.” 13 As the World Justice Foundation explains, democracy and the rule of law are inextricably linked:

Endnotes 1

Hawaiian Arts & Culture: The Expression of Aloha, https://www.gohawaii.com/hawaiian-culture#:~:text=The%20 spirit%20of%20aloha%20%E2%80%93%20being,and%20 responsibility%20to%20future%20generations, accessed on June 20, 2024. 2 Niccolò Machiavelli was an Italian Renaissance po litical philosopher and statesman who lived in Florence, Italy from 1469 to 1527. Source: https://www.britannica.com/ biography/Niccolo-Machiavelli, accessed on June 20, 2024. 3 Machiavelli’s Prince and His Idea of Statecraft, https://www.drishtiias.com/blog/machiavellis-prince and-his-idea-of-statecraft#:~:text=On%20Human%20 nature&text=Machiavelli%20views%20humans%20as%20 selfish,the%20strength%20to%20protect%20themselves (Nov. 30, 2021), accessed on June 20, 2024. 4 Salzman, Jenna Ashley, “Exploration of Human Nature in the Federalist Papers” (2019). Honors College. 64 at 8 (citation omitted). 5 Id. at 11. 6 Id. at 24-25. 7 Id . at 25. 8 Carnegie Council for Ethics in International Affairs, https://www.carnegiecouncil.org/explore-engage/key-terms/ autocracy-vs-democracy, accessed on June 20, 2024. 9 Id. 10 Niblett, Robin, and Leslie Vinjamuri, “Op-Ed: Why Democracies Do Better at Surviving Pandemics,” Los Angeles Times (May 26, 2020). 11 Democracy in America, https://en.wikipedia.org/ wiki/Democracy_in_America#:~:text=Tocqueville%20specu lates%20on%20the%20future,a%20tyranny%20of%20the%20 majority, accessed on June 20, 2024. 12 Democracy, Human Rights and Governance, https:// www.usaid.gov/democracy#:~:text=At%20USAID%2C%20 we%20believe%20democracy,more%20equitable%20distribu tion%20of%20education, accessed on June 20, 2024. 13 Democracy, https://2001-2009.state.gov/g/drl/de moc, accessed on June 20, 2024. 14 World Justice Challenge 2024: The Rule of Law: Foundation of Democracy, https://worldjusticeproject.org/ world-justice-challenge/world-justice-challenge-2024-rule law-foundation-democracy, accessed on June 20, 2024. 15 Is it beyond the scope of this article to address the many atrocities historically associated with autocratic regimes whose power is unchecked. While democracy is often described as “messy,” and injustices abound, a healthy democracy constantly strives to achieve the ideals described above. 16 WJP Rule of Law Index®, https://worldjusticeproject. org/rule-of-law-index/global, accessed on June 20, 2024. 17 Reagan, Ronald, Farewell Address to the Nation, https://worldjusticeproject.org/rule-of-law-index/global (Jan. 11, 1989), accessed on June 20, 2024. The views expressed in this President’s Message are those of the State Bar President. They do not necessarily reflect the views of all State Bar members and are not an official position of the State Bar itself.

While democracy establishes who exercises power and decision making, rule of law guides critical concerns about how that power is exercised, reinforcing democratic societies’ ability to realize key principles of representation, participation, equality, and accountability. Strong rule of law thereby helps sustain democracies beyond elections and establishes the rules that allow demo cratic institutions and processes to flourish. It ensures that citizens can hold their leaders accountable, that the transition of govern ment power is subject to the law, that elected officials do not use their office for private gain, and that people can know and un derstand the law and have access to justice to uphold their rights and resolve disputes peacefully. 14

Against this backdrop, how are we doing? If the con sensus is that a democratic form of government is more likely to bring us closer to our aspirational ideals than an autocratic regime, 15 where do we stand? According to the World Justice Project Rule of Law Index, 16 the United States ranks 26th among 142 countries—not exactly the “shining city upon a hill” of which Ronald Reagan spoke in 1989. 17 We have fallen behind two dozen countries, including Germany, New Zealand, Canada, Australia, the United Kingdom, Hong Kong, Singapore and Uruguay, in achieving and preserving our democratic ideals. Distilled into a single term, our founding fathers endeavored to create a system of “self-government.” Self-government, however, requires participation, process, debate, respect, and patience. Without these qualities, democracy will not thrive. Indeed, if all persons could be counted on to exhibit love and respect toward one another, never to abuse power but only to exercise it for the common good, to exhibit peace, kindness and compassion in our interactions with others, and to make decisions with future generations in mind, few checks on unfettered power would be necessary. The system that we have acknowledges the failings of human nature and attempts to counteract them through the checks and balances inherent in the separation of powers. If we wish to maintain our right to self-government, then it is imperative that we protect our democratic institutions.

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