Let Mercy Season Justice

The following is a Co-ed that I submitted to the Salt Lake Tribune on December 21, 2007. Even though it's focus is on immigration, the principle is applicable to many education issues.

Someone said, “You can judge the greatness of a country by the number of people trying to get into it compared to the number trying to get out.” If this statement is true, then the United States is truly great when we consider that we not only have about 12 million illegal immigrants living here, but we also add about one million legal immigrants each year.

Our “spirit of hospitality” as Reverend John Webster, the bishop of the Roman Catholic Diocese of Salt Lake City, would describe it is one contributor to the greatness of the United States. We understand that we have been given much in this land of opportunity, and we have been generous in our willingness to share that bounty.

Another contributor is that in spite of the fact that we have failed miserably throughout our history to live up to our ideals to treat each person with dignity, respect, and equity, the laws of this land still offer the greatest hope to combat the harmful effects of prejudice, discrimination, racism, and every other form of “ism.”

These attributes as well as others that contribute to America’s greatness also make responding to the immigration challenge that much more complex. Many are uncomfortable with proposals such as building longer and higher border fences and/or increasing illegal immigration raids because they are contrary to America’s “spirit of hospitality.”

Yet, this quiet, compassionate “spirit of hospitality”: voice is being drowned out with the deafening shouting words, “We must adhere to the ‘rule of law’.” It has left good and honest United States citizens in a quandary as they question if there is any possible way to reconcile these two conflicting voices. I would argue that not only can the two be reconciled, but they must be if America is to retain its greatness.

For this reconciliation to occur, there are some facts we must understand about the “rule of law.” First, “rule of law” is a principle that subjects the actions of both the government and the citizens to the law. Second, abiding by a “rule of law” prevents the “rule of men” which can lead to tyranny and abuse of power because of capricious whims.

Yet, an understanding of the “rule of law” is not sufficient. It must also be understood that law and justice are not synonyms. Although Abraham Lincoln was a staunch believer in the “rule of law,” it was he who also believed and taught aspiring lawyers that circumstances rather than the letter of the law should dictate the judgments of a case. He expressed this sentiment with the words, “I have always found that mercy bears richer fruits than strict justice.”

While law gives a society a set of important laws or rules to which to govern itself, equity and fairness allows for the subjective but necessary qualities of mercy and tolerance. One without the other is inadequate if justice is to occur. The scale of law and mercy must be balanced.

As we go forth to retain America’s greatness as we resolve the immigration issue, it would behoove all of to remember and employ the words Shakespeare uses in the Merchant of Venice, “And earthly power doth then show likest God’s when mercy seasons justice.”