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Rule of Law

The Rule of Law is the foundation for constitutional government and a flourishing civil society. Learn More... Statement of Purpose The American justice system suffers from a prevailing judicial philosophy that treats judging as politics by another name; a dangerous trend to “over-criminalize”—that is, to criminalize conduct that is socially and economically beneficial or is better regulated by the civil justice system or administrative means; and a civil litigation system run amok by frivolous lawsuits and outrageous damage rewards.

To address these three major issues, we seek to reform the “imperial judiciary,” which usurps power that belongs to the political branches of government and wrongly interferes with Heritage’s vision for America. To do this, we must restore the courts to their constitutional role, which is to protect individual liberty, property rights, and free enterprise, and to enforce the constitutional limits on government. We also seek to reverse the dangerous trend to criminalize almost everything. To do this, we must remind legislators of the proper lines between federal and state control, and we must restore the traditional protections afforded the accused by the criminal justice system. Finally we seek to reform America’s civil justice system by restoring it to its traditional role, which is to fairly enforce contracts and property rights, justly mediate disputes involving claims of injury or damage, and follow the rules involving private disputes established by the legislature.

Featured Research

Featured research chosen by Heritage Foundation experts in the rule of law:

Absentee Ballot Fraud: A Stolen Election in Greene County, Alabama

The 1994 Greene County, Alabama, election fraud case shows how easily crooked politicians can abuse absentee ballots to disenfranchise voters. Because the risk of fraud is so high, absentee ballots should be available only to those who truly need them. Additional common-sense steps like signature matching and ID requirements also reduce the risk of stolen elections.

By Hans A. von Spakovsky

Making It a Federal Case: An Inside View of the Pressures to Federalize Crime

A lack of public understanding of the problem of over-federalization results in political pressures that make it difficult for the executive branch to combat the problem. Reform must be pursued incrementally for now, and reform advocates should focus on making the practical benefits of federalism part of the public discourse while eliminating the most egregious examples of over-federalization.

By Rachel Brand

The Senate's ADA Amendments Act: Only Half Bad

Now is not the right time to expand ADA coverage, but if legislation is inevitable, Congress should still reject approaches that muddy the meaning of the law and would inflict unnecessary pain across the economy.

By Andrew M. Grossman

Latest Research

This is the freshest research on the rule of law written by Heritage Foundation experts:

Democracy in Danger: Case Studies of Election Fraud

October 28, 2008

The right to vote in a free and fair election is the most basic civil right, on which depends all of the other rights of the American people protected by the Bill of Rights. As the Supreme Court noted in 2008, however, flagrant examples of voter fraud "have been documented throughout this Nation's history by respected historians and journalists." Those examples "demonstrate that not only is the risk of voter fraud real but that it could affect the outcome of a close election."

By Hans A. von Spakovsky

COPS Reform: Why Congress Can't Make the COPS Program Work

September 26, 2008

The COPS program has an extensive track record of poor performance and should be eliminated. Some Members of Congress propose resuscitating it with COPS 2.0. Congress should limit itself to asserting uniquely federal interests, starting with those that the Constitution clearly assigns to the national government. Effective policing at the state and local levels does not require funding from the federal government.

By David B. Muhlhausen, Ph.D., and Brian W. Walsh

The Senate's ADA Amendments Act: Only Half Bad

August 18, 2008

By Andrew M. Grossman

Obama's Ideas for a Radical Court

October 29, 2008

In a 2001 radio interview that's just come to light, Barack Obama discussed the Supreme Court's role in redistributing wealth. Call it Obama's "Joe the Plumber meets Justice Brennan" moment.

By Robert Alt

Misunderstanding the Role of Judges

October 25, 2008

In his recent endorsement of Barack Obama, Colin Powell mused: "I would have difficulty with two more conservative appointments to the Supreme Court, but that's what we'd be looking at in a McCain administration."

By Deborah O'Malley

Looking for Law in All the Wrong Places

October 9, 2008

Some Supreme Court justices have taken to using international law as a reference point to interpret provisions of the U.S. Constitution. Yale Law School Dean Harold Koh applauds the practice, hailing these justices for ushering in the dawn of a "transnationalist jurisprudence."

By Deborah A. O'Malley

A Tale of Two Hackers

September 23, 2008

Consider two cases. In one, a suburban housewife posed as a teenage boy on MySpace to learn more about her daughter’s on-again, off-again friend. In the other, a gang of computer geeks broke into the personal e-mail account of a vice-presidential candidate because they were seeking smear material

By Andrew Grossman

No Retreat Now

September 2, 2008

The long fight to protect the attorney-client relationship against aggressive prosecutors can only end with legislation

By Brian Walsh and Stephanie Martz

MySpace Trial Sets a Dangerous Precedent

11/18/2008

Jury selection begins today in the trial of Lori Drew, indicted by federal prosecutors for using false information to create a MySpace account. Yes, that’s right: she’s not charged (pdf) with “cyber-bullying” or harassment or even causing the death of Megan Meier, the teen who committed suicide after she received mean messages from the accounted that Read More...

Go Bopp!!

11/13/2008

Campaign finance warrior James Bopp, who has been involved in numerous fights to protect First Amendment rights to engage in political speech and political activity, is the lead lawyer in two new lawsuits filed against the McCain-Feingold law – the Bipartisan Campaign Reform Act of 2002 (“BCRA”). Bopp won a significant victory last year Read More...

Nothing Funny About What’s Happening in Minnesota

11/11/2008

On Wednesday morning it was 725; on Wednesday night it was 477; on Thursday night it was down to 336; by Friday it was 239; Sunday it was 221; and by today it was down to only 204. Are we talking about the Dow Jones falling on Wall Street? No, we are talking Read More...

The Federal Government Must Investigate This Election

11/05/2008

The Volokh Conspiracy’s Todd Zywicki flags this video from an ABC affiliate in Atlanta, Georgia. This one television station identified more than 100,000 people who were registered to vote in both Georgia and also either Ohio or Florida. Despite the fact that this report aired before election day and involved only three cities, the station Read More...

Where is Michael Mukasey? (Part III)

11/04/2008

I have previously posted about the failure of the Justice Department and its Civil Rights Division to enforce the Help America Vote Act against the Wisconsin election board and the Ohio Secretary of State over their failure to verify the accuracy of voter registration forms. Today’s question is why is the Department not enforcing Read More...

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