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July 01, 2008
New Book from the Evergreen Freedom Foundation about the Washington Constitution
To Protect and Maintain Individual Rights is written by EFF attorneys Jonathan Bechtle and Michael Reitz. The authors examine the sources of the Washington Constitution, the state’s 1889 constitutional debates, newspaper accounts of the convention, and significant cases that have interpreted the 35 provisions of the Declaration of Rights over the last century. The title of the book comes from Article I, Section 1 of the Washington Constitution, which states that governments exist “to protect and maintain individual rights.”
The book’s foreword, written by Washington Supreme Court Justice Charles Johnson, urges citizens to become familiar with the state constitution. When citizens are educated in the sources of their freedoms, and familiar with attempts in history to limit these freedoms, they are better equipped to recognize new encroachments.
State constitutions were intended to serve as the “first line of defense” for individual rights. As a result, the state constitution often gives greater protection of rights than the federal constitution. Specifically, the Washington Constitution provides more expansive protection than the U.S. Constitution in areas such as free speech, property rights, freedom from search and seizure, the right to appeal in criminal trials, and the right to keep and bear arms.
“This book is a resource for lawmakers, attorneys, and judges, but is especially for citizens who wish to hold their elected officials accountable,” Reitz said. “Our state’s founders recognized that government can pose the greatest threat to our freedoms, and the delegates worked to protect these freedoms from government encroachment.”
“The provisions of the Declaration of Rights are rooted in history and have lost none of their importance today,” Bechtle said. “Whether a government body is condemning property through eminent domain, or the legislature is regulating free speech issues, citizens must be familiar with their rights in order to safeguard them.”
Praise for the Book
“The 75 delegates who drafted and ratified Washington’s Constitution on July 4, 1889, understood the need to carefully articulate the rights of our citizens—and just as importantly, to codify limits to the state government’s authority to infringe on those rights. The Evergreen Freedom Foundation should be commended for this clear guide to our Constitution, providing a concise reference guide which will enable Washington’s people, from whom the government derives its power, to guard their rights from future challenges.”
Rob McKenna
Attorney General of Washington
“The inspiring words of our Declaration of Rights, and sometimes less inspiring court decisions which implement them, are the subject of this wonderful little book. To ensure our Declaration of Rights is not rendered, in the words of James Madison, a ‘mere demarcation on parchment,’ we must rely on an independent judiciary which, again in the words of Madison, ‘will be an impenetrable bulwark against every assumption of power in the legislature or executive.’ Since our constitution also provides we elect our judiciary, and ultimate sovereignty resides in our people, the wisdom of this book serves as a high standard against which we ought to judge our judges.”
Justice Richard B. Sanders
Washington Supreme Court
“I know and appreciate the incredible amount of thought, research and work necessary to produce this citizen’s guide. The authors are to be commended for their efforts in putting this work together. Those who read and use this guide can be thankful for the time and energy spent on organizing and publishing it.”
Associate Chief Justice Charles W. Johnson
Washington Supreme Court
Product Details
Paperback: 116 pages
Publisher: EFF Productions (June 2008)
ISBN: 978-0-615-21232-6
Product Dimensions: 9 x 6 x 0.5 inches
Price: $9.95 (plus tax & shipping)
To order copies visit: guide.effwa.org
To arrange an interview with Jonathan Bechtle or Michael Reitz, please contact Tom Henry at 360.956.3482.
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Nothing in this publication should be construed as an attempt to aid or hinder the passage of any legislation or ballot measure.
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