The Law And You: Who Does It Affect?

The rule of law is a set of principles that uphold an orderly and just society. It is a concept that predates America's founding by several centuries, with its roots traced back to ancient Greece and England's Magna Carta. The rule of law dictates that everyone is equal before the law, regardless of caste, religion, gender, or social status. It ensures that citizens' rights are protected and guarantees fundamental freedoms, such as freedom of speech, religion, and the press. While laws may vary across different countries and communities, the underlying principle of the rule of law remains constant: no one is above the law, and everyone is accountable to the same legal standards.

Law and the Rule of Law

The law is a system of rules that a society or government develops to deal with crime, business agreements, and social relationships. The rule of law is a political ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as "no one is above the law".

The rule of law is closely related to constitutionalism and refers to a political situation, not to any specific legal rule. It is defined in the Encyclopædia Britannica as:

> "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."

The idea of the rule of law has been central to political and legal thought since at least the 4th century BCE, when Aristotle distinguished "the rule of law" from "that of any individual". In the 18th century, the French political philosopher Montesquieu elaborated on a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots.

The rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one—including the most highly placed official—is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no "legal" person shall enjoy privileges that are not extended to all, and that no person shall be immune from legal sanctions.

The rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalizable institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalize some means of shielding legal officials from interference, political or otherwise, that threatens their independence.

The World Justice Project (WJP) defines the rule of law as a durable system of laws, institutions, norms, and country commitment that uphold four universal principles:

• Accountability: the government and its officials and agents are accountable under the law
• Just Law: the law is clear, publicized, and stable, and is applied evenly. It ensures human rights as well as properly, contract, and procedural rights
• Open Government: the processes enforced are accessible, fair, and efficient
• Accessible and Impartial Justice: justice is delivered timely by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve

The Constitution as the ultimate source of law

The Constitution is the supreme law of the land in the United States. It is the source of all government powers and also provides important limitations on the government to protect the fundamental rights of US citizens.

The need for the US Constitution arose from the problems with the Articles of Confederation, which established a "firm league of friendship" between the states, and vested most power in a Congress of the Confederation. However, the central government had extremely limited power and could not raise any funds, being entirely dependent on the states for money. The Constitution, therefore, aimed to create a government with enough power to act on a national level without risking fundamental rights.

The US Constitution is based on the text of a document ratified at the time the nation came into being. It was drafted by delegates from 12 of the 13 states (Rhode Island sent no representatives) who convened in Philadelphia in 1787. The Constitution was designed to separate the power of government into three branches, with checks and balances on those powers to ensure no one branch gained supremacy.

The Constitution also establishes the relationship between the states. For example, states are required to give "full faith and credit" to the laws, records, contracts, and judicial proceedings of the other states, and they are barred from discriminating against citizens of other states or enacting tariffs against one another.

Constitutional law is a body of law that defines the role, powers, and structure of different entities within a state, including the executive, the parliament or legislature, and the judiciary, as well as the basic rights of citizens. It deals with the fundamental principles by which the government exercises its authority, sometimes granting specific powers to the government and sometimes placing limits on what the government can do.

The US Constitution has been amended 27 times since its ratification. The process for making amendments is quite onerous, requiring a two-thirds vote of both Houses of Congress or a convention called at the request of two-thirds of the states, followed by ratification by three-fourths of state legislatures or conventions called in each state.

The US Constitution is considered a culmination of the best reasoning of men of all time and is based on the most profound and beneficial values mankind has been able to fathom. It is a government of laws, not of men, intended to secure each person's rights to life, liberty, and property.

Common law and statutory law

Statutory law, on the other hand, refers to laws enacted by legislative bodies, such as Congress or Parliament, through the formal legislative process. It includes laws written and codified in statutes, codes, regulations, and ordinances. Statutory laws are written laws passed by the legislature and government of a country and those that have been accepted by society. Statutory laws can be passed by various government agencies within a country, including federal and state governments, as well as ordinances passed by towns and cities. They cover all areas regulated by statutory laws exclusively, as well as areas where common law is not applicable.

While both common law and statutory law serve as legal frameworks, they differ in various aspects. Common law relies heavily on the principle of stare decisis, where courts are bound by legal precedents established in prior cases. It offers flexibility and adaptability as it evolves through the interpretation and decision-making of judges. In contrast, statutory law provides a more rigid framework as it is defined by written statutes, allowing for less flexibility in interpretation.

The lawmaking branch of the federal government

Congress has the sole authority to enact legislation and declare war, and it has the right to confirm or reject many presidential appointments. It also has substantial investigative powers.

The process of making a law starts with the introduction of a bill to Congress. A bill is a proposal for a new law or a change to an existing law. Anyone can write a bill, but only members of Congress can introduce legislation. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.

The president can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can usually vote to override that veto and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, which is called a pocket veto, and cannot be overridden by Congress.

The process of how a bill becomes a law

Laws in the United States begin as bills. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them.

Step 1: The bill is drafted

Any member of Congress – either from the Senate or the House of Representatives – who has an idea for a law can draft a bill. These ideas come from the Congress members themselves or from everyday citizens and advocacy groups. The primary Congress member supporting the bill is called the "sponsor". The other members who support the bill are called "co-sponsors".

Step 2: The bill is introduced

Once the bill is drafted, it must be introduced. If a Representative is the sponsor, the bill is introduced in the House. If a Senator is the sponsor, the bill is introduced in the Senate. Once introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.

Step 3: The bill goes to committee

Both the House and Senate have various committees composed of groups of Congress members with specific interests and expertise in different topics such as health or international affairs. When a bill is in the hands of the committee, it is carefully examined and its chances of passage by the entire Congress are determined. The committee may even choose to hold hearings to better understand the implications of the bill. Hearings allow the views of the executive branch, experts, other public officials, supporters, and opponents of the legislation to be put on record. If the committee does not act on a bill, the bill is considered to be "dead".

Step 4: Subcommittee review of the bill

Subcommittees are specialized groups that operate under committees. Committees often refer bills to a subcommittee for further study and hearings. The subcommittee may make changes to the bill and must vote to refer a bill back to the full committee.

Step 5: Committee markup of the bill

When the hearings and subcommittee review are completed, the committee will meet to "mark up" the bill. They make changes and amendments prior to recommending the bill to the "floor". If a committee votes against reporting legislation to the full chamber of Congress, the bill dies. If the committee votes in favor of the bill, it is reported to the floor. This procedure is called "ordering a bill reported".

Step 6: Voting by the full chamber on the bill

Once the bill reaches the floor, there is additional debate, after which members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members voting.

Step 7: Referral of the bill to the other chamber

When the House or Senate passes a bill, it is referred to the other chamber, where it usually follows the same route through committees and, finally, to the floor. This chamber may approve the bill as received, reject it, ignore it, or change it. Congress may form a conference committee to resolve or reconcile the differences between the House and Senate versions of a bill. If the conference committee is unable to reach an agreement, the bill dies. If an agreement is reached, the committee members prepare a conference report with recommendations for the final bill. Both the House and Senate must vote to approve the conference report.

Step 8: The bill goes to the president

After both the House and Senate have approved a bill in identical form, the bill is sent to the President. If the President approves of the legislation, it is signed and becomes law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law. If the President opposes the bill, they may veto it. Additionally, if no action is taken for 10 days and Congress has already adjourned, there is a "pocket veto".

Step 9: Overriding a veto

If the President vetoes a bill, Congress may attempt to override the veto. If both the Senate and the House pass the bill by a two-thirds majority, the President's veto is overruled, and the bill becomes a law.

Frequently asked questions