What is the “rule of law”?

Why This Matters

The USCIS interviewer asks about the rule of law to make sure you understand one of the most basic principles of American democracy. The rule of law means that everyone must follow the law, including leaders and the government itself. No person is above the law, no matter how powerful they are.

This concept may sound obvious, but it is actually what makes the United States different from many other governments throughout history. In a country without the rule of law, a king or dictator can make rules that apply to everyone else but not to themselves. In the United States, the President must follow the law. Members of Congress must follow the law. Judges, police officers, and military leaders must all follow the law. If they break it, they can be held accountable.

The rule of law also means that laws are applied equally to everyone. A wealthy person and a person with no money are supposed to be treated the same way in court. The rules are written down and publicly known, so people can understand what is expected of them. This predictability and fairness is what gives people trust in the system.

Key Facts

• The rule of law means everyone must follow the law, with no exceptions for leaders or government officials
• The Constitution is the highest law, and all other laws must be consistent with it
• The courts, especially the Supreme Court, are responsible for making sure laws are applied fairly
• The rule of law protects individuals from arbitrary punishment and government abuse
• This principle is reflected in the phrase "equal justice under law," which is carved above the entrance to the Supreme Court building

Common Mistakes

• Saying the rule of law means "the government makes the rules", it actually means the government itself must follow the rules too
• Thinking only citizens must follow the law, the rule of law applies to everyone within U.S. borders, including government officials and non-citizens
• Confusing the rule of law with a specific law, it is a principle about how all laws work, not any one particular law

Study Tip

Remember one key sentence: "No one is above the law." That single idea captures the entire concept of the rule of law. If the interviewer asks you this question, start with that sentence. It is the clearest and most complete answer you can give.