The American government provides many services and programs to assist citizens in securing basic necessities (job training, food assistance, subsidized housing, etc.), as well as addressing wider social issues (environmental preservation, immigrants’ rights, etc.) These programs are, by necessity, supplemented and extended by the efforts of countless not-for-profit or non-governmental organizations (NGOs). Such organizations make up the “voluntary” or “third” sector of society---in addition to the “public” (governmental) and “private” (business/enterprise) sectors. Not-for-profit organizations that fulfill specific federal guidelines (such as not lobbying for political candidates, etc.) are granted tax-exempt status by the government. Volunteer participation in and financial support for such organizations is considered by vast numbers of American citizens both a right and a responsibility. In the United States, all religious organizations are considered part of this nonprofit sector of society.
Rule of Law
The principle of rule of law is a corollary of one person one vote, in that law (presumably determined by direct vote or voter representation) and not personality has authority. Rule by established law (instead of by arbitrary personality) creates predictability in that subject persons know the law better than they can predict the whims of a person. This predictability facilitates social stability, prosperity, and cohesion/positive relations. In this way the law provides a framework where persons can exercise their freedoms to a greater extent.
Rule of Law includes several aspects. In his book The Morality of Law, American legal scholar Lon Fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law. Fuller stated the following:
“1. Laws must exist and those laws should be obeyed by all, including government officials.
2. Laws must be published.
3. Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.
4. Laws should be written with reasonable clarity to avoid unfair enforcement.
5. Law must avoid contradictions.
6. Law must not command the impossible.
7. Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed.
8. Official action should be consistent with the declared rule.”
Separation of Powers – Checks and Balances
As prescribed by the US Constitution, the three branches of government (executive, judicial, and legislative) are separate from one another and have power to decide on issues only within their own realm of authority. The system of checks and balances tries to guard against absolute power, in other words, to make sure that no one branch or individual in the government can override and take over the authority delegated to the other branches. The following are the highest levels of each governmental branch in the US: the President of the United States (executive); the US Supreme Court (judicial); and the United States Congress (legislative, consisting of two chambers: the US House of Representatives and the US Senate). In addition to the federal government, the principle of the separation of powers and the system of checks and balances are also built into lower-level (e.g. state, city-wide etc.) governments. The separation of powers means that no one government branch may exercise absolute power and that they are independent of one another (for example, the same person cannot be a US Senator and a US Supreme Court judge at the same time). Checks and balances is the system in which the different branches of government balance each other out. Although their mandate and responsibilities are different, this system tries to ensure that no branch of government exercises power over the others. For example, decisions made by Congress can be vetoed by the President, which can in turn be overturned by a 2/3 majority vote of both houses of Congress.
