The United States is governed by the rule of law, which means that Americans are governed by laws, not individuals, and that the law is supreme. Once the law is established, it must be obeyed by all, from the president to the private citizen. The Constitution of the United States is the highest law in the land, and all laws written must be consistent with it.
The Constitution guarantees due process of law to all persons, including foreign nationals. This means that every individual is entitled to the specified, orderly procedures that constitute the enactment, administration, and enforcement of the laws. Individuals cannot be punished unless and until these procedures are followed.
The Constitution also guarantees each person equal protection under the law. This means that the law applies equally to all people regardless of status, wealth, or position, and no law may be enacted arbitrarily or for personal gain. Except for some laws that, for obvious reasons, apply only to specific segments of the population (immigration laws, laws regarding voting, citizenship, or residence in particular states), foreign nationals are subject to the same laws as American citizens. They are also guaranteed the same civil rights.
The Bill of Rights of the Constitution safeguards the civil rights of all people in the U.S. One of the most important of these rights is freedom of speech. Foreign nationals have the right to express their views freely and to join together with others to express those views, whether popular or unpopular, so long as it is done in an orderly and peaceful manner. Foreign nationals share the same rights and therefore the same limitations on freedom of action as do American citizens.
The Constitution also guarantees protection against improper investigation, arrest, or conviction of any violation of the law. No person accused of a crime may be forced to confess or give evidence against himself; he may remain silent and refuse to answer any accusation if he so chooses. He is entitled to have a lawyer defend him in court, and if he cannot afford one, the court will appoint one for him. He is entitled to be released from jail upon the posting of a bond (money paid to ensure that the person reports for trial) set by the court while he awaits trial. He is entitled to a fair trial conducted according to all the rules of evidence and court procedures. Above all, he is presumed innocent until proven guilty. He does not have to prove his innocence, but the prosecution must prove his guilt beyond a reasonable doubt.
Civil law governs non-criminal public actions such as the drawing up of contracts, the paying of bills, and business agreements. Contracts may be written or oral; in either case, they are legally binding. An example of a contract entered into by many students is the lease for an apartment. If either party breaks the conditions of a contract, the injured party may bring charges in court to enforce the contract or to recover damages. A civil suit may also be brought to court to force the payment of bills or financial obligations.