Rule of Law

[Kosh]

In 500 words or less, express why the "Rule of Law" is an important concept in American Society.

I think you'll find many people here don't really understand "Rule of Law". They misconstrue the concept to be an affirmation of authority or somesuch. To wit:

The law is not enforced fairly across the various socioeconomic lines in our society, we all know it for a fact. We all know that a good lawyer makes all the difference. We all know that white collar crime is punished much more lightly than regular old crime. We are all aware that the law can protect criminality and punish righteousness. In short, I have no special reverence for the law or the officers who enforce it as they are as flawed and fallible as humanity itself and all too often is used as a weapon against us rather than the shield that protects us from chaos.

occupied,

Rule of law is an egalitarian concept that actually stands in opposition to the kind of elitism you're railing about. Seriously, read a little more on the topic. I suspect you'll be surprised.

Sorry, for taking a legal philosophy we supposedly treasure and trying to show just how badly we are failing at the reality. Carry on with your theoretical discussion.

But you haven't proven your stance on this other than using propaganda based on a religious political belief.

 

[Kosh]

The rule of law is the cornerstone of the Republic, whereby the people are subject solely to the rule of law, not men – as men are incapable of ruling justly.

The rule law means one’s rights are not determined by majority rule, nor does one forfeit his civil liberties as a consequence of his jurisdiction of residence, and one retains the right to petition the government for a redress of grievances in the Federal courts, where laws enacted by men offensive to the Constitution are invalidated by the courts.

The rule of law means that the Federal Constitution, acts of Congress, and the rulings of Federal courts are supreme, and acts of Congress presumed Constitutional until such time as a Federal court rules otherwise in accordance with current Constitutional case law.

Federal Courts have no power under the Constitution to invalidate any Law. That authority does not exist as it was never granted by We the People.

The Supreme court can decide if a law is Constitutional or not, but can not rewrite any laws, that is what the Congress is for.

The supreme court ruled that the line item veto gave the executive branch to much power.

 

[WelfareQueen]

The rule of law is the cornerstone of the Republic, whereby the people are subject solely to the rule of law, not men – as men are incapable of ruling justly.

The rule law means one’s rights are not determined by majority rule, nor does one forfeit his civil liberties as a consequence of his jurisdiction of residence, and one retains the right to petition the government for a redress of grievances in the Federal courts, where laws enacted by men offensive to the Constitution are invalidated by the courts.

The rule of law means that the Federal Constitution, acts of Congress, and the rulings of Federal courts are supreme, and acts of Congress presumed Constitutional until such time as a Federal court rules otherwise in accordance with current Constitutional case law.

Federal Courts have no power under the Constitution to invalidate any Law. That authority does not exist as it was never granted by We the People.

The Supreme court can decide if a law is Constitutional or not, but can not rewrite any laws, that is what the Congress is for.

The supreme court ruled that the line item veto gave the executive branch to much power.

The Courts have no Constitutional authority to invalidate any law by declaring it Unconstitutional. All law in the U.S. comes from We the People. We the People have never given the court that authority. The court gave itself that authority.

Presidents in the past have freely ignored the Supreme Court's ruling of Unconstitutionality. It will happen again. The power does not exist because we the people have never sanctioned it.

 

[dblack]

In 500 words or less, express why the "Rule of Law" is an important concept in American Society.

I think you'll find many people here don't really understand "Rule of Law". They misconstrue the concept to be an affirmation of authority or somesuch. To wit:

The law is not enforced fairly across the various socioeconomic lines in our society, we all know it for a fact. We all know that a good lawyer makes all the difference. We all know that white collar crime is punished much more lightly than regular old crime. We are all aware that the law can protect criminality and punish righteousness. In short, I have no special reverence for the law or the officers who enforce it as they are as flawed and fallible as humanity itself and all too often is used as a weapon against us rather than the shield that protects us from chaos.

occupied,

Rule of law is an egalitarian concept that actually stands in opposition to the kind of elitism you're railing about. Seriously, read a little more on the topic. I suspect you'll be surprised.

Sorry, for taking a legal philosophy we supposedly treasure and trying to show just how badly we are failing at the reality. Carry on with your theoretical discussion.

If that was your intent then I owe you an apology. I totally agree. And it's only getting worse. Rule of law and equal rights are being replaced by class based rights, rule by regulatory regime, and interest group politics.

 

[Little-Acorn]

In 500 words or less, express why the "Rule of Law" is an important concept in American Society.

In theory the "Rule of Law" should serve as a constitutional foundation supporting a legal framework where no entity, including government, is above the law; where laws protect fundamental rights; where justice is equally accessible to all, and universal rights make the resulting society prosperous and fair to all.

VERY well said. This is the main reason why "Rule of law" must be the fundamental basis on which a society is founded.

 

[Little-Acorn]

In theory the "Rule of Law" should serve as a constitutional foundation supporting a legal framework where no entity, including government, is above the law; where laws protect fundamental rights; where justice is equally accessible to all, and universal rights make the resulting society prosperous and fair to all.

VERY well said. This is the main reason why "Rule of law" must be the fundamental basis on which a society is founded.

There's also a corollary: Laws can be (and should be) made by a group of people deciding over time, how the society will be run. Only when this "Rule of law" is in place, can you usually have laws the people will consent to obey... because they made them themselves.

Liberals tend to shun the "rule of law", because of this corollary.

When groups of people get together to decide what rules they will impose on themselves, they (usually) tend to arrive at moderate and reasonable conclusions. And they usually wind up disagreeing with, and rejecting, the ideas liberals want to impose.

 

[georgephillip]

In 500 words or less, express why the "Rule of Law" is an important concept in American Society.

In theory the "Rule of Law" should serve as a constitutional foundation supporting a legal framework where no entity, including government, is above the law; where laws protect fundamental rights; where justice is equally accessible to all, and universal rights make the resulting society prosperous and fair to all.

VERY well said. This is the main reason why "Rule of law" must be the fundamental basis on which a society is founded.

Thanks, 'Acorn!
Actually...I should have provided a link:

"The rule of law is a system in which the following four universal principles are upheld:

"The government and its officials and agents as well as individuals and private entities are accountable under the law.

"The laws are clear, publicized, stable and just, are applied evenly, and protect fundamental rights, including the security of persons and property.

"The process by which the laws are enacted, administered and enforced is accessible, fair and efficient.

"Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.

"These four universal principles which comprise the WJP's notion of the rule of law are further developed in the nine factors of the WJP Rule of Law Index."

What is the Rule of Law? | The World Justice Project

 

[georgephillip]

Federal Courts have no power under the Constitution to invalidate any Law. That authority does not exist as it was never granted by We the People.

The Supreme court can decide if a law is Constitutional or not, but can not rewrite any laws, that is what the Congress is for.

The supreme court ruled that the line item veto gave the executive branch to much power.

The Courts have no Constitutional authority to invalidate any law by declaring it Unconstitutional. All law in the U.S. comes from We the People. We the People have never given the court that authority. The court gave itself that authority.

Presidents in the past have freely ignored the Supreme Court's ruling of Unconstitutionality. It will happen again. The power does not exist because we the people have never sanctioned it.

The power of Judicial review in the US is more real than your tooth fairy.

"From Wikipedia, the free encyclopedia

"Judicial review is the power of a court to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself.

"The United States Constitution does not explicitly establish the power of judicial review. Rather, the power of judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.[1]"

 

[G.T.]

I honestly don't think it takes an essay. If it does, you should consider organizing your thoughts to make them more concise.

Rule of Law is important because Anarchy defies Individual Freedom.