Overview - Rule of Law
The Foundations of American Law and Democracy
More than 200 years ago, Alexander Hamilton, James Madison, and John Jay published a collection of essays advocating for the ratification of the United States Constitution, now referred to as the Federalist Papers. In The Federalist No. 78, Hamilton emphasized the necessity of an independent judiciary, stating that the federal courts "were designed to be an intermediate body between the people and their legislature." This structure ensures that representatives act strictly within the authority granted to Congress by the Constitution.
The U.S. Constitution serves as the nation's foundational law, encapsulating the core values of its people. Courts are tasked with interpreting the Constitution's meaning, along with the meaning of any laws enacted by Congress. Hamilton further asserted in Federalist No. 78 that if a law passed by Congress contradicts the Constitution, "the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."
He further clarified, "Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposed that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental."
The American democratic system does not solely rely on simple majority rule. Certain principles are so vital to the nation that the majority has agreed not to interfere in these areas. For example, the Bill of Rights was enacted because rights such as freedom of religion, speech, equal treatment, and due process are deemed so significant that, barring a Constitutional Amendment, even a majority should not be allowed to alter them.
The Principle of Rule of Law
The rule of law is a foundational principle whereby all individuals, institutions, and entities are accountable to laws that are:
Publicly promulgated
Equally enforced
Independently adjudicated
Consistent with international human rights principles
The courts play a crucial role in upholding the rule of law, especially when addressing grievances raised by minority groups or those who may hold minority opinions. Equality before the law is such a fundamental aspect of the American governmental system that when a majority, whether intentionally or unintentionally, infringes upon the rights of a minority, the Court may find it necessary to hear both sides of the dispute.
