Rule of Law
The Rule of Law is the foundation for constitutional government and a flourishing civil society. Learn More... Statement of Purpose The American justice system suffers from a prevailing judicial philosophy that treats judging as politics by another name; a dangerous trend to “over-criminalize”—that is, to criminalize conduct that is socially and economically beneficial or is better regulated by the civil justice system or administrative means; and a civil litigation system run amok by frivolous lawsuits and outrageous damage rewards.

To address these three major issues, we seek to reform the “imperial judiciary,” which usurps power that belongs to the political branches of government and wrongly interferes with Heritage’s vision for America. To do this, we must restore the courts to their constitutional role, which is to protect individual liberty, property rights, and free enterprise, and to enforce the constitutional limits on government. We also seek to reverse the dangerous trend to criminalize almost everything. To do this, we must remind legislators of the proper lines between federal and state control, and we must restore the traditional protections afforded the accused by the criminal justice system. Finally we seek to reform America’s civil justice system by restoring it to its traditional role, which is to fairly enforce contracts and property rights, justly mediate disputes involving claims of injury or damage, and follow the rules involving private disputes established by the legislature.
Featured Research

Absentee Ballot Fraud: A Stolen Election in Greene County, Alabama

The 1994 Greene County, Alabama, election fraud case shows how easily crooked politicians can abuse absentee ballots to disenfranchise voters. Because the risk of fraud is so high, absentee ballots should be available only to those who truly need them. Additional common-sense steps like signature matching and ID requirements also reduce the risk of stolen elections.

Making It a Federal Case: An Inside View of the Pressures to Federalize Crime

A lack of public understanding of the problem of over-federalization results in political pressures that make it difficult for the executive branch to combat the problem. Reform must be pursued incrementally for now, and reform advocates should focus on making the practical benefits of federalism part of the public discourse while eliminating the most egregious examples of over-federalization.

The Senate's ADA Amendments Act: Only Half Bad

Now is not the right time to expand ADA coverage, but if legislation is inevitable, Congress should still reject approaches that muddy the meaning of the law and would inflict unnecessary pain across the economy.

Latest Research

Prisoner Reentry: A Limited Federal Government Role

November 5, 2009

To address the issue of offender recidivism, the federal government should operate reentry programs for offenders formally incarcerated in the federal correctional system. The federal government should not assume responsibility for funding the routine operations of state and local reentry programs. Evidence-based reentry programs should be implemented by the appropriate level of government. Congress needs to do more to ensure that the reentry programs it funds are rigorously evaluated.

Defunding ACORN: Necessary and Proper, and Certainly Constitutional

September 25, 2009

Barring ACORN from receiving federal funds through the Defund ACORN Act is perfectly constitutional.

Defending Those Who Serve: Paying the Legal Costs of CIA Officers

September 2, 2009

CIA Director Leon Panetta's decision to use agency funds to pay for the legal defense of case officers targeted by President Obama and Attorney General Holder is not only legal under the CIA’s authorizing statute, but it is the correct position to take from a moral, public policy, and national security point of view.

Obama Court Nominee Looks to Extend More "Empathy"

November 10, 2009

All presidents aim to leave a legacy through the judges they appoint to lifetime seats on federal appeals courts. That's why senators should be especially concerned about David Hamilton, an Indiana judge nominated to fill a vacancy on the Seventh Circuit.

The Politics of (In)Justice

September 29, 2009

Obama's patronizing Civil Rights Division. Section 5 of the Voting Rights Act may not look like a political weapon. But in the hands of certain government lawyers, that's exactly what it has become.

Punting National Security to the Judiciary

September 28, 2009

The president won't release detainees; he'll sit back and let the courts to do it for him. In a stunning display of political cowardice, the Obama administration has decided not to seek specific congressional authorization for a prolonged detention statute for Guantanamo Bay detainees deemed too dangerous to set free.

Dust-Up: Torture and the CIA: Investigate White House higher-ups?

August 28, 2009

First, David, I need to address your claim from Wednesday, "Nothing in any of the reports released over the last several years ... demonstrates that unlawful interrogation techniques (such as waterboarding, the use of which Dick Cheney calls a 'no-brainer') have made us safe." Your debatable conclusion about the unlawfulness of the techniques aside, this statement is plainly false. Reports issued to date repeatedly note the success of the interrogation techniques at procuring intelligence that prevented attacks.

Obama should be 'decider' on CIA interrogators probe

August 28, 2009

When questioned about the possibility of prosecuting Bush administration officials, President Obama has repeatedly claimed that he wants to look forward, not backward. Yet his spokesman said Monday's decision by Attorney General Eric H. Holder Jr. to reopen the investigation of CIA interrogators was made solely by the attorney general.

Mr. Attorney General, Where Would You Put Osama bin Laden?

11/19/2009

In today’s Morning Bell, we wrote about the historically bad decision Attorney General Eric Holder made in announcing that Khalid Sheikh Mohammed and five other terrorists would be tried in a civilian court in New York City rather than before a military tribunal. Edwin Meese III, the Ronald Reagan Distinguished Fellow in Public Policy and Chairman   Read More...

Video: Sen. Leahy Says No Need To Interrogate Osama bin Laden

11/19/2009

Defending Attorney General Eric Holder’s historically bad decision to prosecute Khalid Sheikh Mohammed and five other terrorists in civilian court, Sen. Patrick Leahy (D-VT) told CSPAN this morning: “For one thing, capturing Osama bin Laden, we’ve got enough on him we don’t need to interrogate him.” Watch: This statement goes to the heart of why the   Read More...

Criminalizing Health-Care Freedom

11/19/2009

Heritage senior fellows Brian Walsh and Hans von Spakovsky have a new article out at NRO on the jail time provisions that exist in both the House and Senate bills. Read the whole thing, but here are some key graphs: By transforming a refusal or failure to comply with a government mandate into a federal tax   Read More...

Morning Bell: A Historically Bad Decision

11/19/2009

Last Friday, Attorney General Eric Holder announced that Khalid Sheikh Mohammed and five other terrorists would be tried in a civilian court in New York City rather than before a military tribunal. Pressing Holder on this decision at yesterday’s Senate Judiciary Committee Oversight hearing of the U.S. Department of Justice, Sen. Lindsey Graham (R-SC) asked:   Read More...

Statement by Former Attorney General Ed Meese on New York Terror Trials

11/18/2009

Edwin Meese III, the Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and Judicial Studies at The Heritage Foundation as well as the United States Attorney General between 1985 and 1988 released the following statement today on the proposed trials of terrorists in New York City, including confessed 9/11   Read More...

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Media Information Line: (202) 675-1761

Robert

Robert Alt

Senior Legal Fellow and Deputy Director , Center for Legal and Judicial Studies

Todd

Todd F. Gaziano

Director , Center for Legal and Judicial Studies

Edwin

Edwin Meese III

Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and Judicial Studies

Charles

Charles Stimson

Senior Legal Fellow , Center for Legal and Judicial Studies

Hans

Hans A. von Spakovsky

Senior Legal Fellow and Manager of the Civil Justice Reform Initiative , Center for Legal and Judicial Studies

Brian

Brian W. Walsh

Senior Legal Research Fellow , Center for Legal and Judicial Studies