The Rule of Law
The Rule of Law
Excerpt from American Covenant Chapter One: What is the Constitution?
Over the next few weeks, I will share some of my favorite excerpts from Yuval Levin’s new book American Covenant. So be sure to subscribe so you don’t miss out!
Today’s excerpt is from chapter one: What is the Constitution?
In the chapter, Levin explains the Constitution as a series of five frameworks: Legal, Policy, Institutional, Political, and Unity. He says the Constitution is first a legal document establishing a set of rules; it describes itself as “the supreme Law of the Land.” The Constitution “sets out the fundamental character of the American system as subject to the rule of law.”
But what is the term rule of law? Levin Explains.
The term rule of law is so commonly used that we rarely stop to hear what it really says. It says that the written law, rather than the will of any particular person or group in this moment, is the authoritative source of power in our system of government. The law can be changed, by methods that are themselves prescribed in the Constitution and the laws. But while it is in effect, the law is binding on all. Thomas Paine put this point powerfully: “As in absolute governments the king is law, so in free countries the law ought to be king.” Our system is thus meant to be nomocratic–– ruled by law.
Levin further explains that the Constitution “is above all a set of constraints or structured boundaries on power.” It divides the power of governing and structures, layers, and constrains the powers in different spheres with written limits.
The power source of a democratic republic such as ours is the people. The Constitution recognizes this by making the authoritative source of power in our system the written law with the Constitution's prescribed method for changing the law Congress, making Congress and the people the authoritative source of power in the Constitution. The law might be king, but the people can change the law, making the people their own governors.
Making change in a democratic republic starts with the people. Subscribe to Politics and Parenting to learn how we can repair our republic together. Keep an eye out for the next excerpt that will discuss Levin’s second Constitutional framework: Policy.
Peace and Love,
Jeff Mayhugh