Chowdhury 1

HW 9
Inan Chowdhury
26 July 2023

1) Define the "thin" meaning of the rule of law and give six of its provisions. Give two
examples of what it protects against.
The “thin” meaning of the rule of law refers to the general nature of the law that
corresponds with the existing legislature that is applicable to all in order to protect individuals
from other citizens, government officials, and foreign enemies. Essentially, the thin rule of law
focuses on the broad scope of the government’s role in keeping society in order via law rather
than “fully protect[ing] human rights and individual liberty” (Katkin, 2003). Six provisions of
the thin rule of law include being general, easy for citizens to understand, announced in advance,
published and accessible to citizens, possible to be obeyed, and enacted with proper legislative
procedure. In addition to protecting individuals from other citizens, officials, and foreign
enemies, the rule of law prevents the government from invading people’s political values,
including personal freedom.

2) What situations doesn't it protect against? Give an example.

The thin rule of law does not entirely protect against the infringement upon human rights
and individual liberty. For instance, the Nuremberg Laws were a set of laws that distinguished
Aryan and non-Aryan people, which included the Jewish. These laws were enforced as intended
and understood, fitting the criteria of a thin rule of law. However, these laws did nothing to
protect the non-Aryans' legal and basic rights. Similarly, the Jim Crow laws were passed and
followed while failing to protect the rights of African-Americans.

3) Define the substantive or "thick" meaning of the rule of law. Who's argument does it
remind you of that we read? What provisions of the Constitution uphold this meaning?
The substantive law or “think” rule of law is an expansion of the thin meaning to try to
ensure that everyone is protected under the rule of law. The protection includes democracy,
individual liberty, equality, and fundamental human rights, rather than solely protecting
individuals from other individuals like government officials. This concept of law reminds me of
Socrates’ argument of building off society to improve society as a whole. This is because the
thick meaning of the law is built off of the thin meaning to improve society as well. The First and
Fourteenth Amendments specifically uphold the meaning of thick rule of law. The First
Amendment protects freedom of the press, religion, and speech, while the Fourteenth
Amendment grants equality for all under the law.

4) What modern document represents the worldwide consensus that the rule of law is
fundamental? What other values does it espouse?
 Chowdhury 2

The “Universal Declaration of Human Rights” represents the worldwide consensus that
the rule of law is fundamental. In addition to the thin rule of law, this modern document also
espouses the thick rule of law, which promotes the following political values: democracy,
dignity, security, individual liberty, and non-discrimination.

5) Has the US government always followed the rule of law? What are some examples when
it hasn't? In your opinion, which branch of government has the greatest power to overturn
the rule of law and why?
The US government has not always followed the rule of law. Katkin explains that
although legislation may be created to be enforced, it depends on the enforcer or the President.
Historically, presidents have broken the rule of law, whether for the better or worse for the
nation. For example, President Lincoln freed slaves in the South, even if it wasn’t previously
allowed for him to do by law. Furthermore, President Roosevelt threatened to add six justices to
the Supreme Court for the benefit of maintaining the program he created. Both of these
presidents were able to break the law to make a decision on something that would impact the
nation.
In my opinion, the Judicial branch has the greatest power to overturn the rule of law. This
branch determines the meaning of laws passed by the Legislative branch. The Judicial branch
then uses these meanings to evaluate the application of laws in different cases. The Supreme
Court is also able to overturn unconstitutional laws. We depend on the judgment of the Judicial
branch to determine whether a law benefits the nation.