America has ceased to be governed by the 'Rule of Law'

"The U.S. Army field manual defines "the rule of law" as follows:

"The rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights norms and standards.

It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency."
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Going by that definition, the U.S. government does not operate according to the rule of law.

...The rule of law's erosion in post-9/11 America was begun by the Bush administration and continued by the Obama administration. Congress has failed to stop it. The Washington, D.C., establishment has done far too little to object. Partisan voters all across America have excused the transgressions of their side.

...If the rule of law is to be recovered, lawbreaking officials must be held accountable for their actions, rather than presuming that they can invoke terrorism and do what they please. Congress must stop abdicating its responsibilities as a check on the executive branch. Transparency must once again govern what the law is and how it is applied. All this will require changing the attitudes of at least some respected Washington insiders."

http://www.theatlantic.com/politics/archive/2014/07/how-america-fails-the-rule-of-law-test/374274/