Standing for the Constitution: A Guide to Defending Democracy
The foundation of any stable, free society is its commitment to the rule of law. It's the principle that no one is above the law—not the powerful, not the popular, and not even the government itself. In a constitutional democracy, this principle is enshrined in a nation's founding document, which provides the framework for governance, protects individual rights, and ensures a system of checks and balances.
When an authoritarian coup is attempted, whether through force or legalistic subversion, the very idea of a government "of the people, by the people, for the people" is put to the test. A would-be autocrat seeks to dismantle these very protections, using their power to eliminate dissent, target marginalized groups, and erode the institutions that serve as democratic guardrails. They operate on the principle of the "rule of man," where power is arbitrary and unchecked. The only effective counter to such an assault is for The People to maintain a steadfast, collective fidelity to the Constitution and the rule of law.
Defending against such a threat requires more than just words; it requires coordinated action from all parts of society. By this, I mean from the "left," from the "right," from the religious and non-religious, from the "white-collar" and the "blue-collar," from the bold and from the meek. Here are three critical ways to respond:
1. Uphold the Nonpartisan Civil Service. Authoritarians often attempt to seize control by politicizing independent government institutions and targeting career public servants. This includes law enforcement, the judiciary, and the civil service—the very pillars that ensure the law is applied fairly and without bias. A key response is for these nonpartisan professionals to refuse to carry out unconstitutional orders. Their quiet, but firm, resistance to political pressure is a critical line of defense, demonstrating that their loyalty is to the Constitution, not to a specific individual or political party.
2. Activate Civil Society and the "Pillars of Support." Authoritarian regimes rely on the cooperation, or the silence, of various societal groups to maintain power. These “pillars of support” include business leaders, unions, faith organizations, and professional associations. To stop a coup, these groups must be activated to nonviolently resist. This can take many forms, from organized strikes and boycotts to public declarations of support for the Constitution. When a wide array of civil society organizations unites to condemn an attempted power grab, it demonstrates a broad lack of legitimacy for the coup leaders and can encourage defections from those within the regime itself.
3. Counter Disinformation with Truth and Civic Education. A cornerstone of any authoritarian playbook is the widespread use of misinformation and disinformation to create division, erode public trust in democratic institutions, and justify their actions. The response must be a commitment to truth. This involves journalists and media outlets reporting accurately, and citizens actively seeking out and sharing fact-based information. It also requires a renewed focus on civic education, so that people understand their constitutional rights and the democratic processes that are under threat. By strengthening public understanding of the rule of law and the importance of a free and fair electoral process, we can build a society that is resilient to lies and united in its commitment to democracy.
Posted by
David J. Steele |
Jul 11, 2026 |
The American flag has always been more than a piece of fabric. It is a symbol of shared ideals, constitutional principles, sacrifice, and hope. Yet in recent years, many Americans have come to associate the flag with a particular political movement or ideology. Whether that perception is accurate...
Posted by
David J. Steele |
May 27, 2025 |
A small business attorneys an essential partner in building a strong and sustainable business.
Posted by
David J. Steele |
Feb 05, 2025 |
The principle of separation of powers, dividing governmental authority among the legislative, executive, and judicial branches, forms the cornerstone of a just and democratic society. An independent judiciary is an indispensable component of the separation of powers which in turn supports our democracy, both in Montana, and nationally. It serves as a guardian of the constitution, a protector of individual liberties, and a check on the other branches of government.
Posted by
David J. Steele |
Jan 23, 2025 |
With the new real estate agent commission structure, many homebuyers and sellers are turning to attorneys to handle property transactions. Learn how an attorney can guide you through the process, potentially saving you money and offering legal expertise.
Posted by
David J. Steele |
Dec 20, 2024 |
legal fees are a small price to pay compared to the potential financial and emotional burden of a real estate deal gone wrong. Investing in legal counsel is an investment in your future and the security of your property.
Posted by
David J. Steele |
Aug 20, 2024 |
Having general legal counsel on hand can be a game-changer for your business. From preventing legal issues to navigating complex regulations, discover the key benefits that can save your business time, money, and stress.
Posted by
David J. Steele |
Jun 25, 2024 |
Mediation offers numerous benefits over litigation, including cost savings, time efficiency, flexibility, confidentiality, preservation of relationships, and reduced stress. As an alternative dispute resolution method, mediation empowers parties to reach mutually satisfactory agreements in a more constructive and less adversarial manner. For many, it is the preferable choice when facing legal disputes.
Posted by
David J. Steele |
May 23, 2024 |
In the landscape of American democracy, the judiciary plays a critical role in upholding the rule of law, ensuring justice, and maintaining the balance of power among the branches of government. One of the key aspects that safeguard the integrity and impartiality of the judiciary is the election process of judges. While various methods exist for selecting judges, non-partisan judicial elections stand out as a crucial mechanism to preserve judicial independence and public trust in the legal system. The integrity and effectiveness of the judiciary depend significantly on the processes by which judges are selected. Non-partisan judicial elections play a vital role in preserving judicial impartiality, promoting merit, reducing political influence and corruption, and enhancing public trust in the legal system. By prioritizing the qualifications and ethical standards of judicial candidates over their political affiliations, non-partisan elections help to ensure that the judiciary remains a bastion of fairness and justice in society. For these reasons, it is essential to advocate for and uphold non-partisan judicial elections as a means to protect the foundational principles of our legal system.
Posted by
David J. Steele |
May 23, 2024 |
The primary distinction between a deed and fee title ownership lies in their nature and function. A deed is the instrument that facilitates the transfer of property, documenting the transaction and identifying the involved parties. In contrast, fee title ownership is the type of ownership interest that the grantee receives once the deed is executed. While the deed is necessary for the legal transfer of property, fee title ownership defines the extent and nature of the rights that the new owner holds. Understanding these differences is vital for anyone involved in real estate transactions. Whether you are buying, selling, or inheriting property, being informed about deeds and fee title ownership will help you navigate the process with confidence and clarity.
Posted by
David J. Steele |
Mar 27, 2024 |
Navigating HOA Membership
For prospective homeowners, the key to successfully navigating HOA membership lies in due diligence. Before purchasing a property, it's essential to thoroughly review the HOA's covenants, conditions, and restrictions (CC&Rs), understand the fee structure, and assess the association's financial health. Engaging in the community, attending board meetings, and staying informed about HOA affairs can empower homeowners to make the most of their HOA experience while mitigating potential risks.
Homeowner associations are common and are almost always part of modern property developments and subdivisions. HOAs can offer substantial benefits, enhancing property values and community living. However, they also come with inherent risks and restrictions that prospective homeowners need to carefully consider. As with any significant investment, informed decision-making is the key to aligning your home purchase with your lifestyle and financial goals. Please feel free to reach out to Geiszler Steele, PC with your Homeowner Association questions.
Posted by
David J. Steele |
Sep 28, 2023 |
the Separation of Powers doctrine is an institutional safeguard, a balance designed to prevent the concentration of power and to guard against tyranny.An independent judiciary ensures that laws are interpreted and applied without the influence of politics, popular sentiment, or personal interests. Its judgments are based on the principles enshrined in our Constitution and the established body of law. And for the judiciary to function at its best, we need an independent legal profession, lawyers and advocates who can argue cases, raise issues, and champion causes without fear of retribution, retaliation, or undue influence.
Posted by
David J. Steele |
Jun 27, 2023 |
The Rule of Law underpins the protection of rights, fosters accountability and predictability, supports economic growth, and encourages public participation. By maintaining the Rule of Law, we cultivate a robust democratic society where justice, equality, and freedom thrive, forming the bedrock upon which democratic societies stand.
Posted by
David J. Steele |
Feb 15, 2023 |
An independent judiciary is critical to upholding the rule of law and protecting the principles of democracy. Judges must be able to make decisions based on the facts of the case and the law, rather than being swayed by outside pressures or opinions. This helps to ensure that legal decisions are made fairly and objectively, which is critical for maintaining public trust in the legal system.
Posted by
David J. Steele |
Aug 10, 2017 |
Renting property to other individuals can often work as a successful means of generating income. However, not all professional relationships prove as successful, and landlord\-tenant disputes could cause issues. If such disagreements are not easily resolved, the possibility exists that legal acti...
Posted by
David J. Steele |
Aug 07, 2017 |
You decided to start your own business. You've researched your market and have concepts for a marketing plan. You signed a lease for a commercial space and you've got your finances in order. You have done all the groundwork to get your business up and running.
Now you are at the point where you n...
Posted by
David J. Steele |
Jul 28, 2017 |
Employers have many responsibilities to which they must attend. Their positions can prove exceedingly stressful, and even though they may do their best to make their employees happy, contention and conflict can arise. Unfortunately, some situations may even bring about wrongful termination claims...
Posted by
David J. Steele |
Jul 13, 2017 |
Most people dream of having a job they enjoy and look forward going to each day. Unfortunately, numerous individuals find themselves having to deal with jobs that they find less than satisfying simply due to needing to make ends meet. However, this dissatisfaction could potentially lead some Mont...
Posted by
David J. Steele |
Jun 29, 2017 |
Employers have a great deal of responsibility when it comes to ensuring that their workers are treated fairly. They often take the time to implement policies and procedures in hopes of preventing unjust actions from occurring in the workplace. Unfortunately, even after taking such steps, discrimi...
Posted by
David J. Steele |
Jun 19, 2017 |
Online retailing giant Amazon is acquiring Whole Foods Market Inc. for approximately $13.7 billion, the companies announced Friday morning. The announcement sent both companies' stocks tumbling, but that reaction may be premature. It seems both companies have something to gain from the deal.
Amaz...
Posted by
David J. Steele |
Jun 16, 2017 |
Business and employment contracts can often play a vital role in the running of businesses. As each side of the agreement knows what is expected as part of the employment agreement, there may be less likelihood for certain issues to arise. However, the possibility of contract disputes does exist,...
Posted by
David J. Steele |
May 19, 2017 |
When the meat packaging company S&T Project Meats and Ranch House Meats was hit with a recall of its jerky products recently, it led to a discussion with Yellowstone County officials, according to the Billings Gazette. The company complains that it's unclear what it would need to do to solve the ...
Posted by
David J. Steele |
May 05, 2017 |
Not everything in the workplace that is unfair is also illegal. That's a crucial tenet to remember about employment law, and it comes into play more than you might guess.
Consider a recent ruling by the U.S. Court of Appeals for the Ninth Circuit, which covers Montana. In the recent case of Rizo ...
Posted by
David J. Steele |
Apr 25, 2017 |
You've heard of the “Superfund” environmental cleanup law. It's called the Comprehensive Environmental Response, Compensation and Liability Act, or CERCLA, and it allows the EPA to designate locations as hazardous waste sites that are uncontrolled or abandoned, set up plans to clean them up, and ...
Posted by
David J. Steele |
Apr 18, 2017 |
A fundamental principle of contract law is that both parties have to have agreed or there simply is no contract. Consent, or a “meeting of the minds,” has traditionally been a required element of contracts. It doesn't protect you from making a bad bargain; it simply ensures you made a bargain you...
Posted by
David J. Steele |
Apr 07, 2017 |
In September, Wells Fargo & Co. agreed to a $185 million regulatory settlement over its fake bank account scandal. Considering the profitability of the bank, some observers have expressed dismay at the affordability of that settlement, arguing that the amount the bank paid was probably less than ...