In philosophy and science, first principles refer to basic propositions or assumptions that cannot be deduced from any other proposition or assumption. They are the fundamental principles from which knowledge and understanding are derived.
If we were to expand the concept to law in the United States, those first principles might be:
- Ordered Liberty: The principle that people have the freedom to act with minimal interference, access opportunities, and resources fairly within the limits of the law and without infringing on others' rights.
- Popular Sovereignty: The principle that the ultimate source of political power resides with the people, who have the inherent authority to create and alter governments, constitutions, charters, and laws.
- Natural/Inalienable Rights: The principle that some rights are considered to belong to all humans by nature and can only be justly limited through due process. Examples of such rights include life, liberty, and property.
- Rule of Law: The principle that mandates that the law governs everyone, including those in positions of power. It ensures that laws are applied consistently and fairly, and that governments derive their authority from the consent of the governed.
- Fundamental fairness: The principle that judicial proceedings deliver fair and impartial treatment, the opportunity to present one's case, protection against arbitrary or capricious actions, and adherence to established legal procedures.
- Stare Decisis: The principle inherited from English common law that is followed by U.S. courts. It means that courts are bound by precedent and decisions made in previous cases. This principle helps ensure consistency and predictability in the application of the law.
- Separation of Powers: The principle of separation of powers divides the powers of the government into three branches: the legislative, executive, and judicial branches. This separation helps prevent the concentration of power and provides checks and balances.
There may be other first principles, but this list is a good place to start when considering legislation, liberty and the proper function of government.
Brandon L. Blankenship is an assistant professor, continuing legal education presenter, and business educator. He and his wife Donnalee live on their hobby farm south of Birmingham, Alabama.
Latest posts by Brandon Blankenship (see all)
- Who Is Telling Artificial Intelligence Models What Is or Is Not Ethical? - October 6, 2025
- Rethinking Constitutional Interpretation after Bruen and Dobbs: Toward a Contextualized Historical-Structural Framework - October 2, 2025
- The Distinction Between Freedom and Liberty in the Context of the Federalist and Anti-Federalist Papers - September 20, 2025
