Declaration of Principles
Defending the Constitution and the Rule of Law
The Constitution was written to restrain power, not to accommodate it. The Bill of Rights was not adopted to protect only popular opinions, powerful institutions, or individuals who enjoy the government’s favor. Its protections exist precisely because the exercise of government power carries the possibility of abuse. The Constitution matters most when the government finds it inconvenient. The American Board of Criminal Lawyers (ABCL), founded in June 1978 by San Francisco attorney Nathan Cohn, is an honorary national fellowship of experienced criminal trial lawyers. The organization was established to recognize outstanding criminal trial attorneys and to advance the preservation and free exercise of fundamental freedoms for individuals accused of criminal conduct. As criminal defense lawyers, we understand that the rights guaranteed by the Constitution are not merely abstract principles. They are protections that must be asserted, defended, and enforced whenever the government seeks to exercise its authority over an individual. We speak not as representatives of a political party or ideological movement, but as lawyers committed to the principles that make our constitutional republic possible. Our position is simple: The Constitution must govern the powerful, protect the powerless, and remain binding upon everyone.
The Declaration of Independence: Lessons That Endure
The American struggle for independence arose in part from opposition to arbitrary government, interference with the administration of justice, the subordination of judges to executive authority, and the denial of fundamental legal protections.
On July 4, 1776, the Continental Congress adopted the Declaration of Independence. Among the grievances against King George III were complaints concerning judicial independence, governmental overreach, and the denial of trial by jury.
The Declaration condemned the Crown for the following actions:
“He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.”
“He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.”
“For depriving us in many cases, of the benefits of Trial by Jury:”
Declaration of Independence, July 4, 1776
These were not incidental complaints. They reflected serious objections to the concentration of governmental authority and the absence of independent institutions capable of protecting individual rights.
The Founders understood that liberty could not depend solely upon the goodwill of those who exercised political power. It required enforceable legal protections, independent courts, and institutions capable of holding government accountable.
Nearly 250 years later, the lesson remains: Liberty cannot survive where those exercising government power are free to disregard the institutions designed to restrain them.
The Constitution established a structure of government based upon separated powers, checks and balances, and enforceable limitations upon governmental authority.
The Bill of Rights further protects freedom of speech, religious liberty, due process, trial by jury, and the assistance of counsel.
These protections do not belong exclusively to the popular, the powerful, or the innocent. They belong to the people.
They must remain meaningful in times of national unity and division, during periods of public confidence and uncertainty, and especially when constitutional principles conflict with temporary political interests.
Read the Declaration of Independence at the National Archives.
What We Stand For: The Constitutional Principles of the ABCL
The American Board of Criminal Lawyers affirms the fundamental principles that sustain the American criminal justice system and protect individual liberty.
These principles reflect the constitutional commitments underlying the organization’s founding in 1978 and the professional responsibilities of criminal defense attorneys.
1. No Person Is Above the Law
Government authority must remain subject to constitutional limitations, judicial review, and the requirements of due process. Public officials must exercise their powers according to law, not personal preference, political expediency, or institutional advantage.
2. No Accused Person Is Beneath the Law’s Protection
Constitutional guarantees extend to every individual accused of criminal conduct, including those facing the most serious allegations, intense public condemnation, or widespread political opposition.
The right to a fair trial does not depend upon innocence, popularity, wealth, or social standing.
3. The Judiciary Must Remain Independent
Judges must be free to decide cases according to the Constitution, applicable law, and the evidence presented. Judicial independence is essential to meaningful legal remedies and the fair administration of justice.
4. Criminal Defense Lawyers Must Remain Independent
Attorneys must be able to represent their clients vigorously, ethically, and without improper governmental interference. The independence of criminal defense counsel protects the constitutional rights of the accused and strengthens the integrity of the justice system.
5. Due Process Is Indispensable
The Fifth and Fourteenth Amendments protect individuals against governmental deprivations of life, liberty, or property without due process of law.
Neither political expediency nor public outrage can justify abandoning fundamental constitutional safeguards.
6. The Right to Trial by Jury Must Be Preserved
The jury system permits ordinary citizens to participate directly in the administration of criminal justice. Impartial juries serve as an essential safeguard against arbitrary government action and help ensure that criminal guilt is determined according to evidence and law.
7. The Constitution Belongs to Everyone
Constitutional freedoms belong to all people entitled to their protection, without regard to wealth, influence, political affiliation, personal beliefs, or public approval.
The protection of another person’s constitutional rights is ultimately the protection of our own.
Our Commitment Endures
The American Board of Criminal Lawyers was founded upon a belief in the dignity of the individual, the independence of the legal profession, and the fundamental protections guaranteed by the Constitution.
Those principles are not conditional. They do not change with elections, administrations, public opinion, or the identity of those who seek their protection.
We recognize that constitutional liberty is neither self-executing nor self-sustaining. It depends upon independent judges, courageous lawyers, impartial juries, and citizens who understand that the protection of another person’s rights is ultimately the protection of their own.
Our constitutional system depends upon the continued willingness of lawyers and judges to uphold their professional responsibilities, even when doing so is difficult or unpopular.
Our most powerful response to challenges against fundamental freedoms lies in our unity and our determination to defend the principles upon which this nation was founded.
The American Board of Criminal Lawyers reaffirms its commitment to the Constitution, the Bill of Rights, judicial independence, the right to counsel, trial by jury, and the rule of law.
We will continue to defend the principles that distinguish a constitutional republic from a government of unchecked power.
We commend our judges for their commitment to the rule of law.
We commend our fellow lawyers for their steadfast adherence to principle.
We commend the American people for their enduring faith in constitutional government.
The Constitution is not a suggestion. The Bill of Rights is not a privilege. Due process is not optional.
And justice cannot be reserved for those whom the government finds worthy of receiving it.
These are the principles we affirm.
These are the freedoms we defend.
This is the commitment of the American Board of Criminal Lawyers.
Founded in 1978, the organization honors outstanding criminal trial lawyers with exceptional experience, professionalism, and proven courtroom success nationwide.