Justice, Stability and Freedom: Why Rule of Law Matters

When things are functioning well, most people take them for granted. 

Take the Rule of Law. It is an essential feature of our society that affects all our citizens every day, but other demands on our busy lives mean we often take it for granted. This Law Day, we should take the time to consider its importance to the way we live.   

When current events force us to consider the Rule of Law and its importance to our democracy, the resulting discussions often focus on preserving individual liberty and political freedom.  But just as importantly, the Rule of Law is an essential component of the foundation of the greatest economy in the history of the world, and the personal economic freedoms that we, as citizens, enjoy today. 

As an example, millions of Americans shop at Walmart every day, and the millions of transactions that result from those visits are only possible if its customers believe—consciously or subconsciously—that there is a system of transparent, understandable laws that govern each transaction that, if necessary, will be enforced by an independent judiciary without fear or favor.   

Imagine a world without enforceable laws for these millions of sales, shipments, and purchases of goods, where a supplier had no confidence that a court would compel a retailer to pay for the goods it ordered and received, or a consumer felt hesitant to use a debit or credit card at the store because they could not legally enforce the duty of a retailer to protect the integrity of its customers' financial information. Without the promise of these protections, protections guaranteed by the Rule of Law, consumer and retailer confidence would be shaken. 

Or consider the hundreds of billions of dollars of wealth that change hands daily in our nation’s stock and bond markets.  Legally required transparency gives investors information, and thus confidence, to purchase and sell stocks and bonds.  Investors know that a regulatory system is in place to significantly reduce the risk of fraud and an independent court system that will hold fraudsters accountable. If market participants with friends in high places could commit fraud without legal consequences, the markets would collapse. 

When the Framers of the Constitution laid the foundations of our system of government, they wisely envisioned that at times there would be disagreements by elected officials with the rulings of judges.   Thus, they built in protections to maintain the Rule of Law. In addition to providing for various forms of appeal through the courts, Congress can reverse court rulings based on the interpretation of statutes through the legislative process. The Executive Branch can rewrite regulations deemed invalid by the courts. The Constitution even secures the people's right to amend the Constitution when society demands a different path. None of these actions results in immediate relief, but each of them provides time-tested, transparent, and legally recognized methods to correct perceived errors committed by judges. 

What our Framers did not intend and what we cannot permit to occur is the refusal of any person, party, or government official to comply with binding court orders.  Allowing anyone to defy a court order undermines the Rule of Law, opens the door to further disobedience, and shakes the very foundation of our nation.   

Congress and the Executive Branch need to set an example for the rest of society, obeying court rulings as the Framers intended and using lawful means to override judicial rulings with which they disagree. 

To be sure, at times the rulings of federal judges who are fulfilling their constitutional duties to say what the law is, can lead to inefficiencies in our nation's governance and frustration among presidents, members of Congress, and citizens of all political persuasions. But that is the nature of the checks and balances deliberately enshrined in our founding document, which is essential to the Rule of Law.   

Just as the Rule of Law provides economic stability and predictability, it also secures our freedom and personal autonomy. It is the Rule of Law that assures our right to say, think, and believe what we choose; to worship, or not, as we see fit; and to come and go as we please. The Rule of Law secures “the Blessings of Liberty to ourselves and our Posterity…,” just as the Constitution says. It is that liberty which is at the core of what it means to be an American. 

So today, on Law Day, let us express gratitude for the wisdom of the Framers in drafting a Constitution that places the law of the land above the whims or desires of any person, company, or government. As Americans, we must respect the process by which the Judicial Branch preserves the civil rights and liberties outlined in the Constitution. Only by honoring and upholding the Rule of Law can America hope to remain a “shining city on the hill,” providing a solid foundation of freedom and prosperity for our citizens and inspiring the world.  Let us not take for granted what it is that makes us great.