America's Constitutional Rule of Law: Structure and Symbol

Abstract

American Constitutional Law would seem to be closely related to the principle of the rule of law, although it is not at first clear whether that is because our Constitution exemplifies the rule of law or, instead, its antithesis. Ordinary Americans would likely consider themselves as living under a rule of law regime, though some academics might dispute that claim. To most of us, the United States Constitution serves as an example of a rule of law, in what we believe is more generally our rule of law state. We seem to believe this even though our Constitution exemplifies the uniquely American notion of an indeterminate rule, as contrasted with the European paradigm of a very clear and circumscribed, positive law rule.