Supreme Court justices face the challenge of keeping America’s founding freedoms alive

Supreme Court justices face the challenge of keeping America’s founding freedoms alive

As the United States marks 250 years of independence, three conservative Supreme Court justices say protecting its founding freedoms will require more than simply celebrating the anniversary. Americans, they argue, need to understand the country’s history, learn how its government works and take part in civic life.

Justices Brett Kavanaugh, Neil Gorsuch and Amy Coney Barrett made the case for stronger civic education in separate interviews recorded by the Federalist Society ahead of its 2026 National Lawyers Convention, themed around 250 years of American exceptionalism. Each approached the subject in a different way.

Gorsuch spoke about the religious foundations he sees in the nation’s founding documents. He said Americans can take constitutional rights and the Declaration of Independence’s ideals for granted because they may seem natural now. But, he noted, the Declaration’s claim that people are created equal and possess rights that do not come from government was far from widely accepted in 1776.

Appointed to the court in 2017, Gorsuch said studying the country’s past is essential to preserving its political traditions. The Constitution and Declaration have endured, he argued, because each generation has chosen to uphold them. He also cited Daniel Webster’s observation that it took thousands of years for a system of government like America’s to emerge, cautioning that such an achievement should not be treated as inevitable.

Kavanaugh also stressed education, saying schools have a central role in helping the republic endure and improve over the next 250 years. That means teaching American history and the country’s founding values, as well as explaining how the nation has changed, including through constitutional amendments.

Civic learning, Kavanaugh added, should not be limited to young people. Adults, too, should keep learning about and participating in the government.

Barrett focused on the Declaration of Independence as a call to action. Americans, she said, are not simply watching the country’s story unfold; they are part of it. She pointed to the document’s closing pledge, in which its signers committed their lives, fortunes and honor to the cause. Some paid a steep personal price, she said, and their example shows the level of commitment needed to carry the American project forward.

Justice Sonia Sotomayor offered a more somber assessment during an event at the Washington Library at Mount Vernon. Speaking about civic engagement, she said the country is in a difficult period and will need hard work to regain stability.

Some democratic norms, Sotomayor said, may be gone for good. Still, she did not believe the United States would fail as a democracy, though she expected a challenging period as the country works out what that means.

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