A Government of Laws, Not Men

Professor Josh Dunn explains the rule of law as the alternative to tyranny and a means to prevent arbitrary power. He traces its origins from Aristotle's concept that "law is reason unaffected by desire" through the American founders' attempts to create institutions that force reflection on the common good rather than self-interest.• Rule of law requires three principles: constitutionalism, equality, and transparency• Constitutionalism establishes rules of governance ahead of time through separation of powers, checks and balances• Equality means laws must be applied identically to everyone regardless of wealth or status• Transparency requires laws to be known, understandable, and accessible to citizens• James Madison worried about laws becoming "so voluminous they cannot be read or so incoherent they cannot be understood"• John Adams described the goal as creating "a government of laws and not of men" in the Massachusetts Constitution of 1780• Modern challenges include the vast volume of laws and regulations created by multiple levels of government and administrative agencies• The rule of law is necessary for freedom because citizens must know what is allowed to direct their actions Check Out the Civic Literacy Curriculum!School of Civic and Economic Thought and LeadershipCenter for American Civics