00:00Overview Rule of Law
00:01More than 200 years ago, Alexander Hamilton, James Madison, and John Jay published a series
00:08of essays promoting the ratification of the United States Constitution now known as Federalist
00:13Papers. In explaining the need for an independent judiciary, Alexander Hamilton noted in the
00:19Federalist No. 78 that the federal courts were designed to be an intermediate body between the
00:24people and their legislature in order to ensure that the people's representatives acted only
00:29within the authority given to Congress under the Constitution. The U.S. Constitution is the
00:35nation's fundamental law. It codifies the core values of the people. Courts have the responsibility to
00:42interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress.
00:47The Federalist No. 78 states further that, if any law passed by Congress conflicts with the
00:53Constitution, the Constitution ought to be preferred to the statute, the intention of the people to the
00:58intention of their agents. Nor does this conclusion by any means suppose a superiority of the judicial
01:05to the legislative power. It only supposed that the power of the people is superior to both,
01:11and that where the will of the legislature, declared in its statutes, stands in opposition to that of
01:16the people, declared in the Constitution, the judges ought to be governed by the latter rather than
01:21the former. They ought to regulate their decisions by the fundamental laws, rather than by those which
01:27are not fundamental. The American democratic system is not always based upon simple majority rule.
01:33There are certain principles that are so important to the nation that the majority has agreed not to
01:38interfere in these areas. For instance, the Bill of Rights was passed because concepts such as freedom
01:44of religion, speech, equal treatment, and due process of law were deemed so important that,
01:49barring a constitutional amendment, not even a majority should be allowed to change them.
01:54Rule of law is a principle under which all persons, institutions, and entities are accountable to
02:00laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with
02:09international human rights principles. The courts play an integral role in maintaining the rule of law,
02:15particularly when they hear the grievances voiced by minority groups or by those who may hold
02:20minority opinions. Equality before the law is such an essential part of the American system of
02:26government that, when a majority, whether acting intentionally or unintentionally, infringes upon
02:32the rights of a minority, the court may see fit to hear both sides of the controversy in court.
02:37Disclaimer, these resources are created by the Administrative Office of the U.S., courts for educational
02:43purposes only. They may not reflect the current state of the law, and are not intended to provide
02:49legal advice, guidance on litigation, or commentary on any pending case or legislation.
02:56About federal courts. Educational resources. Educational activities. Supreme Court landmarks.
03:05Annual observances. About educational outreach. Activity download. Download activity package.
03:13PDF, 167.22 kilobytes. Activity resources. Rule of law. Overview rule of law. Opening discussion
03:26questions rule of law. Express unpopular views rule of law. Participate in the judicial process rule of law.
03:34Exercise religious practices rule of law. Access to education rule of law. Discussion questions rule of law.
03:42Related resources. The Federalist Papers. The Federalist Papers. Mark Dimunation talks about the
03:51Federalist Papers. The collection of 85 essays by Alexander Hamilton, James Madison, and John Jay were
03:59written between 1787 and 1788 to encourage the states to ratify the Constitution. About federal courts.
04:07Federal courts and the public. Court role and structure. Types of cases. Educational resources.
04:17Governance and the judicial conference. Judicial administration. Workplace conduct. Judges and
04:25judgeships. Authorized judgeships. Judicial vacancies. Judicial milestones. Judicial compensation.
04:34About federal judges. Judiciary financial disclosure reports. Privately funded seminars disclosure.
04:43Judicial conduct and disability. Code of conduct for U.S. judges. Services and forms.
04:52Forms. Bankruptcy. Jury service. Fees. Federal court interpreters.
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