WHO WE ARE
The Rule of Law & Why It Matters to Us
The rule of law is in the news lately, mostly in articles describing the Government’s flouting, ignoring, and disobeying judicial orders and directives. The concept of the rule of law might seem esoteric, but it should be understood because its application to our everyday lives is the foundation of the freedoms and rights that we have enjoyed. This is why we should care that the rule of law is being threatened by an evolving authoritarian form of government.
What is the Rule of Law?
The rule of law, in its simplest form, means that everyone, including individuals, governments, elected representatives, private and public institutions, and their respective officials and agents, regardless of their wealth or power, are subject to and accountable to the law. In addition, the laws are publicly known, equally enforced, and independently adjudicated with an adequate opportunity for those affected by those laws to participate in the adjudication. This is known as due process, and without due process, the rule of law is a hollow concept.
American Rule of Law
In the United States, the rule of law rests upon our Constitution and the laws that effectuate it. The principle benefits everyone in our country, citizens and non-citizens, by establishing a predictable and stable environment where each of us may engage in economic activity, exercise our Constitutional rights, liberties and freedoms, and participate in governing a democratic republic. The principle is the foundation of our American society.
THE UNITED STATES WAS FOUNDED AND BUILT ON THE RULE OF LAW
The American rule of law is part of our heritage.
In April 1775, the Minutemen of Concord and Lexington in Massachusetts were immigrants living in a place called America. They proudly stood at the base of the bridge facing British troops and fired the shot “heard round the world.” The colonists at that time were not a homogeneous people. As is the case today, they came from many different parts of the world, spoke different languages, and practiced different religions. Like all immigrants, it was the right to be different, to adhere to their religions and customs, to be free from a despotic monarch, and to strive for a better life in a new country that drew them to this country. But the one thing that bound them together was their unwavering belief in the promise of America, the belief that the rule of law would safeguard their rights, liberties, and freedoms, and their refusal to bow to tyranny as embodied by the British King and Parliament.
Our rights, liberties, and freedoms have expanded substantially over time, such as the end of slavery and the introduction of equal protection rights following the Civil War, the introduction of women’s suffrage, the recognition of privacy rights, environmental protections, and due process rights. Our adherence to the rule of law and not to demigods, kings or oligarchs is part of what defines us as Americans. It is the rule of law, not the rule of monarchs, that ensures our Constitutional rights, and enables us to live as free individuals with our cherished liberties and freedoms.
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The American rule of law pervades our everyday lives by maintaining societal order and by establishing clear rules for those responsible for governing our society. The rule of law ensures that we have clean air to breathe and unpolluted water to drink, and keeps toxic substances out of our soil and food. It makes passage on our roads and highways safe. The rule of law ensures that all people —not just citizens— are treated fairly and equitably. The rule of law ensures fair dealing in business agreements and contracts. The rule of law builds trust within society and reduces social tensions. The rule of law protects the powerful, the marginalized, and the powerless equally by guaranteeing our liberties, rights, and freedoms, including the freedom to speak and to participate in choosing those who govern us. It is the primary principle that binds us together as Americans. Without the rule of law, society would descend into chaos with individuals, groups, institutions, and governments acting arbitrarily and without accountability.
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​Our laws are not perfect and will never be perfect. They are continually added to, amended, and refined by our legislators and the courts in a process that has proven remarkably effective in
our young country over the last two hundred and fifty years. There are no perfect governments, but those governments guided by the rule of law are governments that will protect our people’s liberties, rights, and freedoms, even when some of us may find the lawful exercise of those rights repugnant.
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Without our rule of law, we will have what the Founders, patriots and centuries of advocates for human rights have fought against and feared: a tyrannical despotic government that does not guarantee every person’s most precious rights, the freedom of speech, religion, travel and assembly, due process rights, and the right to be free from unreasonable search and seizure. Protecting the right to question, publicly speak out, challenge, and vote for or against our government is our patriotic duty. We value the right to assemble peacefully, and to protest actions taken by our government and our elected officials. We may practice the religion of our choice or no religion at all without the interference of the government. We expect and enjoy the right to be treated fairly without discrimination on the basis of our race, our religion, our language, our ancestry, our country of origin, our gender, our age or our sexual identity and orientation. We treasure the right not to be deprived of our life, liberty, or property without due process, and not to be subject to search or seizure without reasonable cause.
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We are fortunate to live in a society based on the principle that we are protected by our Constitution and the laws promulgated thereunder, and that no individual person or group, regardless of their wealth or political party can interfere with that protection. This is what makes us Americans. Nothing more and nothing less enables us to live free than our reliance on the American rule of law.