The Rule of Law is the fundamental principle of our Constitution. The Framers wanted to ensure the country would be governed by the Rule of Law and not by the whims of a king or strongman. The Rule of Law is about making sure the laws apply to everyone equally and that no one is above the law.

Article 1 of the Constitution empowers Congress with making laws and describes the process it must follow. A federal law begins as a bill and must be approved by both the House of Representatives and the Senate. Bills, such as for raising revenue, must begin in the House. “The House has power of the purse”. After the House passes a bill, it goes to the Senate. The Senate can pass the bill without changes, amend the bill, or table the bill (essentially ending its progress).

To become law, the House and Senate versions of the bill must match and be approved by both chambers. If they are different, Congress can form a “conference committee” of members from both chambers. The committee discusses points they disagree on and tries to reach agreement through negotiation and compromise. Cooperation and willingness to reach consensus are an intentional part of the process. Usually no one gets everything they want, but members can still achieve meaningful results for the people they represent.

Once Congress approves a bill, it’s sent to the President. The President can sign it into law or veto it. If the President vetoes it, Congress can step in and “override” the veto. Two-thirds of the members of both chambers have to approve to override the veto so the bill becomes law. This ensures laws are carefully considered and not just pushed through by one person or group.

Congress is empowered to make laws for taxes and spending, supporting defense, regulating trade with other countries and between states, and protecting people’s safety and health. The Constitution also grants Congress the power to regulate and oversee the Postal Service.

Article 1 puts limits on Congress’s and the government’s authority. An important legal right is the “writ of habeas corpus”. The government cannot hold someone for no good reason. If a person is jailed they can ask a judge to review their case. Under the Constitution, the government can only take away someone’s freedom if it follows the law properly.

Congress cannot tax exports, favor one state over another, spend money without making a law for it, or create titles of nobility (like king or duke) for anyone. These limits protect the rights of people and states.

To maintain a balance between federal and state authority, there are things states are not allowed to do. States may not make their own treaties with other countries; go to war on their own; print their own money; charge import or export taxes on goods coming into or going out of their state; or make laws that would stop people or businesses from following their contracts (legal agreements between parties).

The Rule of Law ensures everyone, including the government, is accountable to the same laws and that the laws apply equally to all. This protects individual rights, limits the abuse of power, and gives us a framework for resolving disputes and maintaining social order and peace.

Susan Walker, member of Living Democracy: Engaging Citizens, a local citizen group. Our mission is to inform and educate the Mid-Ohio Valley about how government works on the local, state, and federal levels and how citizens can be involved to make our democracy work. Join us the third Monday of each month. livingdemocracymov@gmail.com and facebook/speak foryourselfvote and Youtube channel Living Democracy