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Constitutional Law

Dec. 5, 2025

The rule of law and the fracturing of civic trust

Democracy depends on shared facts, fairness and the rule of law; when trust erodes, it falls to citizens and leaders to rebuild it, patiently and deliberately.

Marc Alan Fong

Arbitrator, Mediator, Special Master/Referee, and Neutral Evaluator
JAMS

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The rule of law and the fracturing of civic trust
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There was a time when most Americans could agree on a few basic things: that facts mattered, elections counted and that no one -- not even the powerful -- was above the law. Those ideas formed the quiet backbone of our democracy. They didn't need shouting from rooftops; they were already understood. Lately, that understanding feels as if it's slipping away.

Everywhere you look confidence in our institutions is thinning. Courts are questioned, elections are doubted and truth is treated as a matter of opinion. The rule of law, once the country's proudest achievement, is too often dismissed as an obstacle to whatever outcome someone happens to want. When that happens, laws lose their moral force and begin to feel like mere technicalities.

This is not a problem of left or right. It's a problem of character and culture. A society that forgets why rules exist eventually finds itself ruled by impulse.

Losing common ground

Democracy depends on more than constitutions and courts. It needs a shared sense of reality -- a belief that the same facts apply to everyone, even when we disagree about what to do with them. That sense has been badly shaken.

Public debate has become a shouting match. We reward outrage and treat compromise as weakness. Politicians campaign for office as if they were auditioning for cable news slots, and citizens retreat into tribes that confirm what they already think. When people stop believing in the fairness of process, they stop accepting outcomes they dislike. From there, it's a short step to chaos.

We are paying the price for years of neglect -- of civic education, honest media and simple respect for people who see the world differently. The more we sneer at one another, the weaker the center becomes.

The strain on institutions

Institutions reflect the culture that sustains them. When that culture frays, no structure can hold. Courts are viewed as political weapons; legislatures as permanent campaign venues. The slow, careful work of governing is replaced by performance and provocation.

This didn't happen overnight. Economic inequality, social media manipulation and the constant churn of partisanship have hollowed out public trust. We have allowed politics to become entertainment, and in doing so, we've made the serious business of governing feel cheap.

Still, the machinery of democracy remains. What's missing is the moral consensus that makes that machinery matter -- the shared belief that rules apply to all, and that restraint in victory is as important as resolve in defeat.

What the law represents

The law is not just a set of statutes or court decisions. It's a promise -- that disputes will be handled by reason rather than rage, and that process itself carries dignity. Once that promise is broken, winning becomes the only value left.

Every lawyer, judge and public servant has a role to play in holding the line. The way we conduct hearings, handle evidence and treat each other in professional settings still matters. Fairness, patience and civility are not relics; they're the habits that keep the system upright.

Even in a bitterly divided culture, those habits can be a form of quiet resistance -- proof that rules and decency still have meaning.

How we begin to recover

If there's a path out of this, it will not come from grand speeches or sweeping legislation. It will come from smaller acts done consistently -- citizens who read before they react, officials who tell the truth even when it costs them and communities that find ways to talk rather than shout.

Restoring faith in the rule of law begins with civic humility. We have to stop expecting perfection from institutions we barely defend and start rebuilding them from the ground up. That means voting, serving on juries, mentoring young people and teaching them not just their rights but their responsibilities.

Leadership, too, requires restraint -- the understanding that power is held in trust, not owned outright. The most enduring leaders are those who know when not to use it.

A cautious kind of hope

American democracy has stumbled before. Corruption, demagoguery and division are nothing new. What has saved us each time has been the stubborn belief that the law is bigger than any one person or party.

We can still choose that path. The repair work will take time, and it won't make headlines, but it's worth doing. The law is only as strong as the people who live by it. If we start acting again as if the rules apply to everyone -- especially ourselves -- we may yet find that the foundation holds.

The work ahead

The rule of law is not self-executing. It survives because ordinary people refuse to give up on it. It asks for patience when we are angry, faith when we are cynical, and courage when we are tired of fighting.

We are not a failed state, but we are at risk of becoming an ungrateful one -- a nation that takes its freedoms for granted until they slip away. The remedy is neither despair nor blind optimism, but steady, deliberate engagement.

The law still offers a way forward. It is the language of fairness, and fairness remains the one value capable of bridging the distance between us. The task now is to speak that language again -- clearly, calmly and without apology.

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