The United States is founded on the principle of the "rule of law"—the idea that no individual, regardless of status or power, is above the law.
This concept ensures a functioning democracy by binding government officials and citizens alike to a common legal framework. It promotes accountability, fairness, and the peaceful resolution of disputes.
At its core, the rule of law stands in contrast to autocracy, where decisions stem from the will of a single leader, unchecked by legal or institutional constraints.
However, it's been argued that when the U.S. Supreme Court granted a U.S. president immunity from criminal prosecution, even while committing unlawful acts, this foundational principle was undermined and weakened the American rule of law.
If the law does not apply equally to the highest office in the land, then the law ceases to function as a safeguard for democracy. It sets a dangerous precedent: that power can shield a person from justice. This erodes public trust in the legal system and encourages a culture of impunity within the executive branch.
The example of Donald Trump—facing numerous criminal indictments, including charges related to efforts to overturn a democratic election—poses a direct challenge to the rule of law.
If such behavior is excused or left unpunished due to the office held, it edges the nation toward rule by one man rather than by laws.
This undermines constitutional checks and balances and concentrates power dangerously in a single individual.
A president who can violate the law with impunity effectively replaces the rule of law with the rule of man.
This is the hallmark of authoritarian systems, not democratic republics. Preserving the rule of law requires that all public officials, including presidents, remain accountable to the same laws that govern the rest of society. Anything less weakens the foundations of American democracy.
FRONTLINE filmmaker and veteran chronicler of U.S. politics Michael Kirk and his team have produced a 90-minute film, Trump's Power & The Rule of Law. It includes in-depth reporting and analysis that goes beyond the headlines and traces the evolution of the battle over executive power — from the Nixon era to the present day.
The documentary features new interviews with Trump allies, opponents and experts and examines how the president is testing the extent of executive power, the legal challenges, judicial decisions, and the impact on the rule of law.
Guest
Michael Kirk is a documentary filmmaker and a founding producer of PBS's Frontline. He has produced over 200 investigative films for Frontline, focusing on power, politics, war, and democracy. His work has earned numerous awards, including multiple Peabody Awards, Emmy Awards, and duPont-Columbia Awards
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This episode will be recorded on Monday, July 14, 2025.
