Rule of Law

The rule of law provides the public with a stable and predictable society where everyone, including government officials, is held accountable to fair, public laws.  The rule of law is enforced and sustained by a cooperative system involving all three branches of government, legal professionals, and society itself.  Constitutions and laws of the Federal and state governments implement the rule of law. 

Establish Justice
The rule of law serves as the essential framework and primary mechanism to establish and protect justice in a society.  The rule of law ensures that every person and government entity is answerable to the same legal standards, preventing arbitrary power.  Justice requires that laws are clear, publicly known, and applied evenly without favoritism. 

Maintain Civil Rights
The rule of law turns civil rights from simple paper promises into enforceable realities by ensuring that laws apply equally to everyone, including the government itself.  No person, politician, or police officer is above the law.  When authorities break established rules, citizens have the legal power to challenge them or sue in court.  Constitutional structures and checks and balances restrict the government from using sudden, unverified power against individuals.  Legal frameworks explicitly mandate that rights such as free speech, fair trials, and freedom from discrimination are upheld regardless of a person’s background or social status. 

Rule of law – Federal & State
The U.S. Constitution defines the strict limits, roles, and powers of the government, meaning no official or branch is above the law.  Power is divided among the legislative (Article I), executive (Article II), and judicial (Article III) branches to prevent any single branch from exercising absolute control.  Reinforced by the incorporated system of checks and balances.

As established by Article III of the U.S. Constitution, verdicts of Federal judges ensure that the rule of law guides American society in real-world events.   Under Article VI of the U.S. Constitution, state court judges must follow U.S. Supreme Court interpretations of federal law and the federal Constitution.  Article VII, Section 3 of the Wisconsin Constitution grants the court superintending and administrative authority over all state courts.  Wisconsin Statute § 751.12 gives the court the power to regulate pleading, practice, and procedure in all judicial proceedings.

The rule of law is important in a constitutional republic because it ensures that government power is limited by a supreme constitution rather than the shifting, unbridled will of individuals or temporary majorities.  Creates a “government of laws, and not of men”:  power is bound by absolute, written standards rather than personal authority.  Leaders must follow established legal procedures and principles instead of acting capriciously. 

The vulnerable are shielded by core principles like due process and equal protection to prevent a dominant majority from oppressing a politically weak minority.  Everyone, regardless of wealth or status, stands equal before the same legal standards.  Citizens know what is legal and how their personal and property rights are protected.