Speaker Transcripts Back to List the Hon. Robert Menendez, Chairman of the Democratic Caucus U.S. House of Representatives Commencement Address to the Rutgers School of Law May 27, 2005 Remarks as prepared for delivery Dean Deutsch and distinguished faculty; rightfully proud parents, families, and friends; honored guests; ladies and gentlemen; and Class of 2005: As an alumnus of Rutgers Newark School of Law, I am especially pleased to join with you, because it was a short 26 years ago that I sat where you sit today, wondering how long the commencement speaker would drone on. I assure you that I have learned that to be immortal, you don't have to be eternal. Just like you, I was at the end of one journey, and the beginning of another. Sometimes, it is difficult to tell the difference between beginnings and endings. You’ve spent three years learning the law, debating the law, searching for the answers the law provides and discovering the questions the law raises. You have learned that when the law is on your side, you should argue the law. When the law isn’t on your side, you should argue the facts. And when neither is on your side you need to be creative or pound on the desk and create a diversion. You have learned that the law is not strictly an end unto itself, but a means to accomplishing all sorts of things. The law, after all, affects virtually every facet of our lives, from the moment we are born to our last breath, from how long children must stay in school, to the bar exam you must take in order to be licensed to practice law, to whether there is a military draft or not during a time of conflict, to our ability to assemble, protest, and worship. One can look to our laws and find at least two answers to almost every question. But as vast and complicated as the law is, it is still just a beginning. Alexander Solzhenitsyn, the famous Russian novelist who won the Nobel Prize in Literature in 1970, said in his 1974 Harvard Address: “I have spent all my life under a communist regime and I will tell you that a society without any objective legal scale is a terrible one indeed. But a society with no other scale but the legal one is not quite worthy of man either. A society which is based on the letter of the law and never reaches any higher is taking very scarce advantage of the high level of human possibilities.” Those are wise words, words that I would take a step further in the climate we find ourselves today. Our nation was borne of great principles and great ideas – but many of those principles were not realized for generations, and then only through sacrifice and hard work. The end of slavery, the right for women to vote, the civil rights movement: these are realizations of our nation’s democratic potential that were secured in our laws long after our Constitution was written, secured through the struggle of individuals who understood that law and justice are not necessarily one in the same unless people of good will fight and struggle to make it so – and keep it so. The state of the law at any given moment, while necessary and desirable for a free society, can hardly be counted as the ultimate expression of morality. Morality itself comes from within, not from any external set of rules. We the people make the laws, yes, but the laws also help make and define us. So our special responsibility as lawyers is to see that the law is moving closer to, not further away from, the very best expression of who we are as a people, for the law is in constant evolution. But, evolution can take a wrong turn. And when it does, it requires us to right what is wrong. That is not an easy task. It is a continuous journey. As for me, my journey in righting what was wrong lead me to a life of public service, which began way back when I was in high school. It started when I was accepted into the honors program. I was thrilled until I found out that you had to buy the books for the courses in a public school. I think the cost of those books was around $100. First, it seemed wrong to me that any public school student was forced to pay extra to get a required book. But frankly, my concern was also rather personal. My family didn’t have a $100 to spare to buy schoolbooks. My mother worked long hours in a tightly packed garment factory- $100 was an enormous amount of money to scrape together. I was so insistent that this was wrong that the high school principal was willing to let me have the books for free. But I didn’t want special treatment for me; I wanted the school to do the right thing for everyone. But rather than simply complain - I changed the school board and ran in the first election and won. At 20 I was making my voice heard- rather loudly- on my local school board. And so, my journey of public service had begun. As your journey as an attorney begins today. I can tell you from a lifetime of fighting for positive change that it is an ongoing journey. You will almost always face opposition that seeks to stare you down or discourage you in your efforts – those who may benefit from the status quo, and who don’t want to extend those benefits to others. But you don’t have to be a United States Congressman to effect change. You can be a lawyer who takes on pro bono cases for the rights of those who cannot defend themselves, like countless alumni of Rutgers. You can be a law professor speaking out for social justice, like our very own Frank Askin. You can be a lawyer who serves government, creating policy and defining the law, as Al Slocum did as New Jersey’s Public Advocate. In fact, you can take on any issue you really care about and make some time in your life – even if it’s just an hour a week – to fight for it. There are thousands of organizations that need your time and help today. And, yes, someday, you can even run for elected office yourself. Changes big and small happen, as they always have, because of people who are willing to put themselves on the line to do something about it. Whether you leave Rutgers and join a large law firm, clerk for judge, hang out your own shingle or never practice the law -- If you see something worth fighting for, don’t look around for someone else to do it, take it on yourself. Now – here’s the rub: The end of slavery or the passage of the Civil Rights Act were examples of positive change, of moving forward. But not all change is good. Ernest Hemingway once remarked: “Never confuse movement with action.” I would also add: “Never confuse movement with progress.” Many great nations and societies, throughout human history, have lost ground in their march towards freedom and progress because those who had the tools to fight for what was right looked away or failed to act. Today, as we gather, I believe our country and our civil liberties face their greatest challenges in a generation. An example of this can be found in the debate we witnessed over whether to eliminate the filibuster in the US Senate. Our country was founded and built by a minority seeking rights from and against a tyrannical majority, and so from that experience our founders ensured that with majority rule came minority rights, ensuring that everyone has not just a vote, but a meaningful voice in our representative government. It is a hallmark of American Democracy. But today, because the majority could not get its way under the existing rules, they sought to eliminate this 200-year-old tradition so they wouldn’t have to bother with the views or concerns of the minority party and the millions and millions of Americans they represent. That is not progress, it is the worst kind of political expediency – it comes at the expense of our most sacred checks and balances. A bipartisan coalition of Senators came together this week and devised a temporary reprieve, but we still need to be vigilant. If America is to reach its full potential, we must ensure that all of the voices in America are heard, on all issues, and we must preserve this right when it comes to future debates on Supreme Court justices or any issue. This assault on minority rights in the Congress is a reflection of a larger, more disturbing trend. There are some in our country who find it useful to scapegoat certain groups of people. They paint people with a broad and discriminatory brush playing on the fears and anger of the same. This reflects the worst of human nature, not the best of who we can be. And it’s a dangerous path. If we allow one individual or group’s rights to be taken from them, we will find ourselves on the proverbial slippery slope. The stripping away of rights always happens in small steps, each one seemingly minor or tolerable, until so much of what one believed in is gone. The rule of law cannot protect and sustain itself without citizens willing to defend it. And this is your challenge. As part of a unique and privileged part of America Like many new Americans, my parents first settled in New York City; fleeing from oppression and seeking freedom. And to us, the Statue of Liberty was more than just a great American Landmark, it was a beacon of hope. When you see the Statue of Liberty, I hope you see, as I still do, a light in the darkness; I hope you see an outstretched arm of welcoming; I hope you see a righteous hand in a sea of turmoil Each of you can be that in your own lives: our fight for human freedom and dignity was expressed in our Declaration of Independence in this immortal passage: "We hold these truths to be self-evident - that all men are created equal, they are endowed by their Creator with certain unalienable Rights, that among these are life, liberty and the pursuit of happiness." I entered public life to keep this truth alive: to never let our public life become compromised by selling our ideals short; to keep that American idea of community, of shared values, shared responsibility and shared opportunity vibrant. Your journey as lawyers, as Americans taking your rightful place as inheritors and guardians of these great traditions, begins today. So I celebrate and congratulate you on your graduation. But even more so, I am excited for you about the road ahead: Know where you came from; Know where we come from as Americans; and with that: Make your mark. Take your stand. Be involved. Defend what is right. Never be silent when you see injustice. Set your compass in the direction that fulfills freedom, liberty and justice. If you do, and I know you will, our future, as a country, will be very bright indeed. Congratulations, Class of 2005! Back to List