Rule of Law 

The Rule of Law is the foundation for constitutional government and a flourishing civil society.  

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.