Given the following recent events, a discussion regarding the rule of law in America seems increasingly important. While many of us agree on various improvements in our government and society, such as creating smaller government and decreasing the budget, how those goals get accomplished matters.
To date, President Trump has consistently chosen methods that break the rule of law, such as firing federal workers without having the right to do so, and gutting agencies established and funded by Congress.
The president has also deported, without due process, people living legally in the US.
After the Supreme Court recently ordered the president to return Kilmar Abrego Garcia, a Maryland man the government admitted to accidentally and wrongfully deporting to a prison in El Salvador, Trump met with Salvadoran President Nayib Bukele, who describes himself as “the world’s coolest dictator.” Bukele said he can’t return the man and Trump did not insist.
The administration claims Abrego Garcia belonged to a dangerous gang based in New York, staff did not provide any evidence.
And Stephen Miller, the White House deputy chief of staff for policy and a homeland security adviser, incorrectly stated Abrego Garcia has no right to be in the US, when in fact a federal judge granted the man a protective order in 2011.
(“Wrongly deported man not leaving El Salvador prison, Bukele says at Trump meeting,” by Cybele Mayes-Osterman and Francesca Chambers, USA Today, April 14.)
These are just a few of the many accusations of illegality, unconstitutionality and lack of due process involved in a variety of changes made by the current administration.
Because there’s so much talk about the rule of law, I wanted to learn about, and offer more information regarding the concept.
Definition of Rule of Law
The rule of law “is a principle of governance where all persons, institutions, and entities, including the state, are accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights norms. It signifies a system where no one, including those in power, is above the law.”
Specific features
The system includes:
- Accountability: All individuals and entities, including the government, are subject to the law and can be held accountable for their actions.
- Publicly promulgated laws: Laws must be made known to the public, so individuals are aware of their rights and responsibilities.
- Equal enforcement: Laws must be applied fairly and equally to everyone, regardless of their status or position.
- Independent judiciary: A fair and impartial court system is essential to ensure laws are enforced impartially and that individuals have access to justice.
- Consistency with human rights: Laws must align with internationally recognized human rights standards.
- Fair, robust, and accessible legal processes: There must be clear and fair processes for enforcing laws, ensuring that individuals can access the legal system and defend their rights.
- Independent legal profession: A competent and independent legal profession is crucial to advise individuals on their rights and responsibilities and to ensure that the legal system operates fairly.
Rule of Law in the World
In November 2023, the World Justice Project, an international nonprofit that works to advance the rule of law globally, published a report titled the Rule of Law Index 2023, the most recent available.
WJP executive director Elizabeth Andersen said,
“Unfortunately, the Index data highlights that U.S. checks and balances remain significantly weakened, while there’s been a worsening of longstanding problems with the justice system, such as discrimination, delays, and the significant obstacles people face in accessing or affording justice services.”
The report states a number of key points:
- The rule of law in America, along with a majority of countries, declined in 2023.
- Though the US improved during 2022, it wasn’t enough to overcome a decline that began in 2016.
- The US ranks 26 out of 142 countries regarding rule of law, and lower in the following areas: confidence that government officials are sanctioned for misconduct is down 16% (the US now ranks 36th in the world); the constraints on government powers declined by 15%; the fundamental rights score declined by nearly 10%.
- The US ranks near the bottom of all countries in the following areas: accessibility and affordability of the civil justice system (ranked 115); the absence of discrimination in the civil justice system (ranked 124); and impartiality of the criminal justice system (ranked 109).
“Overall, these findings underscore the need to build public trust in U.S. institutions,” said Andersen. “An independent judiciary plays an especially important role by constraining executive power, guaranteeing fundamental rights, and ensuring the justice system delivers on its promise of equal justice.”
The top-ranked countries in 2023, from first to fifth, were Denmark, Norway, Finland, Sweden and Germany.
The lowest-ranked countries put Venezuela at the bottom, followed by Cambodia, Afghanistan and Haiti, all countries that score very low on the Democracy Index as noted in the 2025 World Population Review.
The benefits of rule of law
According to “Upholding Prosperity: The Economic Benefits of the Rule of Law” by David Dettman, American Bar Association, Sept. 13, 2024, the benefits include:
- create business confidence by instilling legal certainty
- encourage investment and growth via secure property rights and a legal system that can help resolve disputes
- promote competition and market efficiency through effective regulations and enforcement of competition laws
- enhance governance reduce corruption, instilling confidence in our institutions through robust checks and balances that constrain abuses of power
- foster social cohesion, or a sense of trust and fairness, reduces tensions and ensure growth for the population, including marginalized groups
What happens in countries where the rule of law fails?
The consequences include:
- the erosion of public trust and social breakdown include decreased confidence in institutions
- a rise in crime
- increased polarization and radicalization
- reduced economic investment and economic growth
- increased inequality
- breakdown of social order
- weakened democracy
- human rights abuses
- erosion of freedoms
- damage to the nation’s reputation
- international isolation
- increased security risks from terrorism
As Dr. Richard Land wrote in “Why is abandoning the rule of law so dangerous?” (Southern Evangelical Seminary and Bible College, Dec. 17, 2020):
“All of the above is by way of introduction of the fact that the “rule of law” is under direct assault in the United States and some of the most dangerous offenders are government officials whose sworn duty is to enforce the law as it is, not as they might like for it to be. Such unlawful behavior lethally undermines the rule of law and will lead to oligarchy (the rule of the powerful minority) and then to anarchy (no effective law and order).”
Your opinion
My question for you today is whether you feel our leaders are adhering to the rule of law.
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