AAROL was started with the express purpose of supporting the Rule of Law in the United States. But what is the Rule of Law, what does the term mean, and why is it important? Legal experts and political scientists have come up with a myriad of explanations, but we think the most simple and accurate definition is one used by the United States federal court system:

“Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are: Publicly promulgated; Equally enforced; Independently adjudicated; and Consistent with international human rights principles.”

In unpacking that definition, it is key to recognize that the Rule of Law does not simply mean that we live under a set of recognized laws – many dictatorships have clear laws, but do not qualify as Rule of Law states because their laws are not equally enforced (they do not apply to the rich and powerful), disputes are not independently adjudicated (their judiciaries are controlled or heavily influenced by the regime), and many laws fly in the face of international human rights principles (e.g., inhibiting free speech or criminalizing peaceful political activities).

The Rule of Law has a long history in the United States. In fact, one of our Founding Fathers, John Adams, famously described our republic as “a government of laws, not of men.” The Rule of Law in America is based on our foundational law—the United States Constitution—which guarantees the Rule of Law in the following key ways:    

• Separation of Powers, which provides for three branches of government:
  • Article 1: Congress writes the laws.
  • Article 2: The President administers the federal government.
  • Article 3: The courts apply the laws.
• Federalism, which means that government power is further divided between the federal government and the states. This is enshrined in the 10^th Amendment to the U.S. Constitution, which says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
• Representative democracy, as set forth in the U.S. Constitution, requires that the Congress and the president be elected by the country’s citizens, and that they represent them in formulating policies, making laws, and governing the country on their behalf.
• Independence of the judiciary, which provides that federal judges “shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.”
• Protection of fundamental rights for all, guaranteed by the first 10 amendments to the Constitution, the Bill of Rights. The federal judiciary explains that the Bill of Rights was passed “because concepts such as freedom of religion, speech, equal treatment, and due process of law were deemed so important that, barring a Constitutional Amendment, not even a majority should be allowed to change them.”

Even if we do not think about it very much, the Rule of Law guides how we live our lives every day. As the World Justice Project notes:

“No matter who we are or where we live, the rule of law affects us all. It is the foundation for communities of justice, opportunity, and peace—underpinning development, accountable government, and respect for fundamental rights. Research shows that rule of law correlates to higher economic growth, greater peace, more education, and improved health outcomes.”

More succinctly, one submission to the Voices for the Rule of Law call-in initiative conducted by AAROL and cylindr magazine said, “ROL is not abstract. It’s the foundation that keeps democracy credible and freedom, real.” 

Here are just a few examples of how the Rule of Law affects our daily life in the United States:

• Ensuring that those in power respect the outcomes of elections and engage in the smooth transition of power at all levels of government, in every election cycle;
• Because our Constitution guarantees freedom of speech, assembly, and religion,  the government cannot punish or persecute us for what we say or what we believe;
• Our Constitution also prevents the government from arresting or detaining us or seizing our private property without due process;
• Our laws prevent economic and political favoritism through corruption, bribery, or influence peddling;
• Our laws also ensure that our free-market economy functions in a predictable and reliable way by establishing and enforcing clear rules for businesses while protecting consumers and customers;
• Our courts provide the means for us to resolve business, civil, and criminal cases in a peaceful and orderly fashion; and
• The Rule of Law enables us to go about our lives with a reasonable expectation of basic public safety, including establishing and enforcing safe traffic rules.

The Council of Europe offers one general description of life without the Rule of Law, and what can happen to a democracy as trust in the Rule of Law erodes:

“Corruption remains commonplace. Sometimes the police are not held accountable when things go wrong. People start to question the independence of courts. It can feel like there is one rule for the rich and powerful and another rule for everyone else. NGOs and the media come under pressure to follow the government line. Such trends are a real danger to the rule of law, and to people’s faith in democracy. In these circumstances, extremist voices offering simple solutions to difficult problems can catch people’s attention. Suddenly the core values on which our societies are built – democracy, human rights and the rule of law – come under threat.”

Many AAROL members have lived and worked in countries that lacked a strong Rule of Law, including places like Russia, Cambodia, China, Uganda, and Liberia. They have seen how people who live in countries with weak Rule of Law experience a range of hardships and challenges as a result, including:

• More dangerous and uncertain lives due to inadequate or unequal enforcement of crimes against persons and properties because of poor policing, prosecuting, and judging;  
• Increased corruption, where police, lawyers, prosecutors, and judges are bribed to decide cases in certain ways, or where they have to pay bribes to access basic services, such as healthcare and education, or to secure employment;
• Unchecked (or weak checks on) executive power, leading to increasing authoritarian practices or even dictatorship under which elections are not free, fair, or respected;
• Economic stagnation and hardship due to a lack of clear business regulations, enforceable contracts, clear property ownership records, or reliable dispute resolution mechanisms; and
• Persecution due to their political beliefs, ethnicity, religious beliefs, sex, age, or gender identification.

The following are some of the ways that the Rule of Law is currently under threat in the United States:

• Consolidation of Executive Power. Respect for the separation of powers has eroded massively in recent years, with the executive asserting increased military, regulatory, and budgetary powers through unchecked use of executive orders, and a dysfunctional and divided Congress unable or unwilling to assert its authority over vital policy and budgetary matters.
• Threats to judicial independence. Judges and the courts are facing both rhetorical and physical threats, including intense public criticism from elected officials, unwarranted threats of impeachment, and threats of and actual assaults on judges and their family members — all of which constitutes a threat to judicial independence and undermines public trust and confidence in the judiciary.
• Undermining of trust in the elections. Unsupported attacks on the validity and security of elections in the United States, as well as efforts by the federal government to assert control over state electoral processes in violation of the Constitution are threatening the guarantee of free and equal participation in the electoral process.
• Growing corruption. As in other autocratic countries, political power is being used to amass wealth among an oligarchical class. This includes awarding government contracts without competition to political allies, leveraging political connections for personal gain at home and abroad, using regulatory power to coerce desired outcomes from private businesses and media, and accepting gifts from foreign powers.
• Weakening of the Judiciary. Executive agencies defying or delaying court orders, such as those regarding immigration, deportation, and the separation of powers, is further undermining respect for the third branch of government.
• Eroding judicial transparency and accountability. Increased use of the Supreme Court’s “emergency docket,” through which it issues important and impactful decisions without full explanatory opinions, is leading to confusion in the lower courts and a loss of public trust and confidence in the Court.
• Weakened protections. Lack of due process and inhumane detention conditions for immigrant detainees and others caught in the dragnet are weakening the protection afforded by the 4^th Amendment to the Constitution, while excessive use of force deployed against protesters is being employed to chill the right to dissent guaranteed under the 1^st Amendment.
• Weakened access to legal representation. Executive orders attempting to limit the activity of independent law firms because of whom they represent are creating barriers to people’s ability to access justice in court.
• Undermining legal consequences. The overuse and abuse of the presidential pardon power is weakening the ability of the justice system to impose meaningful penalties for lawbreaking.
• Unequal treatment under the law. A politicized Department of Justice is increasingly seeking the prosecution of the current administration’s perceived political opponents.
• Militarization of routine law enforcement activities. Deployment of federal military personnel for domestic civilian policing and law enforcement is blurring the lines of the role of the military in U.S. life.  

AAROL is supporting the Rule of Law in the United States through the following activities:

• Public Education and Advocacy: AAROL produces shareable, action-oriented digital content that brings global Rule of Law expertise to American audiences, including through engaging events, expert videos, curated recommendations, and written pieces.
• Voter and Action Resources: AAROL distributes targeted action guides, such as the Rule of Law Voter’s Guide, to educate citizens regarding the importance of the Rule of Law in their electoral choices.  
• Grassroots Coalition Building: The Alliance serves as a coordinating hub, connecting judges, legal professionals, and everyday citizens across the country who are committed to fighting political corruption and preserving the separation of powers.
• Nationwide Mobilization: AAROL mobilizes advocates across the U.S. to speak up for the Rule of Law, including participating in organized civic events like the annual Law Day of Action, or speaking at law schools, bar associations, and other civic associations.

You can support AAROL through financial contributions, grassroots advocacy, and content collaboration. AAROL accepts tax-deductible contributions through its secure GiveLively Donation Page, or by check.

Your financial support funds:

• Educational content expansion, including expert video interviews and written analyses.
• Action resources, such as the distribution of the Rule of Law Voter’s Guide.
• Network growth to coordinate civic speaking engagements nationwide.

If you’re interested in getting more involved in AAROL’s work, we encourage you to register as an Alliance Member today. As an Alliance Member, you’ll have the opportunity to write for the AAROL Blog, be interviewed for our video series, support development of our Action Resources, and more.

If you’d like to follow along with our work and catch all of AAROL’s Rule of Law resources, you can also subscribe to our email newsletter and follow AAROL on LinkedIn, Instagram, and YouTube. We encourage you to stay connected, engage, and share AAROL’s content to help reach Americans of all backgrounds.

If you have more questions about the Rule of Law or about AAROL, please reach out to us at info@aarol.org – thank you!