THE PAST IS PROLOGUE
History Repeats Itself
What’s past is prologue,”
a phrase in William
Shakespeare’s The Tempest,
suggests that what happened
in the past leads to acts committed later in
time, since the past sets the stage for the
future. The phrase is chiseled in stone in
front of the National Archives Building
in Washington, D.C., where I would pass
it often on Pennsylvania Avenue when I
worked in that city. Each time I did so, I
was reminded that everything I do leads
me to what I will do next. Step by step, I
move forward in my life, but the direction
I am headed is usually related to what I
have done previously.
These thoughts came rushing at me
recently because of the election protesters
at the Capitol. It brought me back to 1977,
when there was a minor occurrence by
comparison. Then the Honorable Bruce
Mencher, the Superior Court judge hearing
the matter, a dear friend of mine and my
predecessor as president of the Barrister
Inn of Phi Delta Phi legal fraternity
in Washington, D.C., addressed the
defendants as follows:
The defendants stand before the court today
having pled guilty to the charge of disrupting
Congress. During a congressional debate, they
arose from the Visitor’s Gallery, yelled some
slogans about a $3 minimum wage, and one
defendant then threw a bag of live cockroaches
onto the floor of the House of Representatives.
Such conduct cannot and will not be
tolerated in a democratic society. There are some
countries where many of the people, majorities
and minorities, have no voice in the conduct
of their government. In such countries, there
are no free elections and no method to contact
legislators over individual and public concerns.
In fact, in such circumstances, legislative
sessions are usually held in closed session and
legislative action is often the rubber stamp of
“higher powers.”
This is not the situation in the United
States. In this country, the people are both
allowed and encouraged to speak their minds
COMMENTARY
by Aaron R. Fodiman
Judge Bruce Mencher
64 TAMPA BAY MAGAZINE | MARCH/APRIL 2021
many ways that concerned citizens can attempt
to implement their views on public issues.
When people depart from the use of such means
of dissent and, instead, utilize lawless and
disorderly methods to effectuate their desires,
all of our rights and freedoms are threatened.
If visitors to the House of Representatives,
representing only themselves, are allowed to
shout down elected representatives of thousands
of people, our whole system of government
would come to a grinding halt. Indeed, during
the late 1940s, a Congressional debate was
halted by gunfire. Although this instant
disruption did not rise to the violent level of
that previous event, the court believes it is
important to make it clear that neither type of
disruption can be tolerated.
Only if the legislative process is permitted
to proceed unencumbered by such outbursts
can the voices of the American people ring out
loud and clear through the halls of Congress.
Yours was not just an emotional outburst
from a visitor to the Gallery. It was planned,
thought out, executed and you reaped the
publicity you obviously sought. You had no
standing whatsoever aside from that of visitor.
(Note: The defendants were sentenced
to 14 days in jail to be served in New
York City from whence they had come.)
How perfectly on target Judge Mencher
was with his remarks. Appointed to the
court by President Gerald Ford, he is a
man of vision, integrity and sincerity, who
concisely summed up the issues and clearly
explained the principles upon which our
country was founded.
It is said that those who fail to study
history are bound to repeat it. Obviously,
this instance from over 40 years ago was
not remembered by those who stormed the
Capitol on January 6, 2021. Hopefully, this
present incident will serve as a reminder
to future generations that civility is a key
component to democracy and that Judge
Mencher’s word will serve as a guide to
those who wish to have their voices heard
in the halls of Congress. 9
on public issues. One method of expressing
their opinion on these issues is the election
of their representatives and senators. When
those representatives of the people do not act in
accordance with their wishes, there are different
methods of expressing displeasure. One method
is to cast their votes for new candidates on
Election Day and one is to write letters or to
petition Congress for redress of grievances as
guaranteed by the First Amendment. Such
methods do not usually give instantaneous
results, but over the long haul they have been
extremely effective in influencing the policies
of this nation. When one considers the amount
of money paid to pollsters, today, it becomes
obvious that in this country the thoughts and
feelings of the American people are almost
always factored into the governmental decision
making process. Organized marches often
proceed down Pennsylvania Avenue toward the
Capitol, where congressional representatives
listen to the grievances of each particular group
on the Capitol steps. These are just some of the
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