Founding Principle: Rule of Law Overview Rule of law means that government and citizens all abide by the same laws regardless of political power. Those laws respect individual rights, are transparently enacted, justly applied, and stable. This unit will explore how citizens commitment to the rule of law is crucial for selfgovernment. The process by which the Constitution was framed and ratified reflects the rule of law, and many of its protections ensure that the United States is, as John Adams explained, an empire of laws and not of men. Key primary sources include the Constitution and the Bill of Rights. Day I Warm-up [15 minutes] A. Before class, cut out scenario strips on Handout A: Rule of Law, or Law of Rulers? Give eight students a slip and ask them to be ready to read it aloud when you call on them. B. Once class has begun, have students take out a sheet of paper and number it from 1-8. Then call on students in turn to read their scenarios aloud. After each scenario, have students tally on their paper whether the situation described reflects the principle of rule of law. C. Distribute Handout B: Attitude Inventory. Have students complete it individually, and then share their answers with a partner. If students wish to change their answers after discussing with their partner, they should feel free to do so. D. Reconvene the class and ask for a few volunteers to share their responses. Which items let to the most discussion? Did anyone change their mind? Why? E. Ask students how they responded to the questions that asked about their understanding of concepts (#s 1-2). What information do students need to increase their understandings? Make a list on the board and refer to it through the activities. Activity: Multi-Media Resource [30 minutes] Have students watch the short video Constitutional Principle: The Rule of Law. The video can be accessed here: http://billofrightsinstitute.org/resources/student-resources/constitutionalprinciples-videos/. Before, during, and after watching, they should complete the accompanying Viewing Guide.
Wrap-up: Journaling [15 minutes] A. Ask students to take a few minutes to consult their initial responses to Handout B and assess the progress of their own understanding. As a large group, consult the list on the board of what students believed they need to know. Students should assess their progression in their journals. Note to teacher: Take note of student responses as a formative assessments, and set aside needed time for reinforcement or extending. Assessment Have students use national and international news stories to design a meme such as Rule of Law FTW or Rule of Law #Fail. They should select their own images from world history, write their own captions, and share them in class next time.
Handout A: Rule of Law, or Law of Rulers? 1. The people elect representatives to make and carry out laws. Those laws respect individual rights, apply to everyone in the same way, and cannot be changed suddenly. 2. Many people come to believe that people over the age of 18 should be able to vote. They work to persuade others. Eventually, more and more people come to agree. The peoples representatives in Congress draft an amendment to the Constitution. The people of each state vote on whether to approve the amendment. Once 3/4ths of the state ratify (or approve), the amendment becomes part of the Constitution. 3. A young mother is suspected of killing her daughter. The evidence against her is thin, but almost everyone in the community is convinced she is guilty. The judge decides to move her trial to a location where her case has gotten less media attention, so that impartial jurors can be found. 4. The President is under scrutiny (and under subpoena) for conspiring to cover up illegal activities. Asked to explain, he says, When the President does it, that means it s not illegal. 5. A city government lowers the speed limit on a busy street from 50 to 45. After the change takes effect, police use footage from traffic cameras to issue tickets to people who drove 49 miles per hour before the speed limit was lowered. 6. A state government, worried about rising crime, imposes an 8pm curfew. Some people complain about the restriction on their liberty, but state officials point out that the curfew gives everyone enough time to get home in the evenings, is probably temporary, and applies equally to everyone. 7. Congress passes a law that affects everyone in the nation, but the members of Congress themselves do not have to abide by it. 8. Jurors in a Northern state in 1855 hear the case of a man charged with helping an escaped slave avoid capture. They refuse to convict him, despite overwhelming evidence that he was guilty of violating the Fugitive Slave Act.
Handout B: Attitude Inventory Direction: Rate your agreement with each statement. 1. I understand the principle of rule of law. 2. I can tell a society that has the rule of law from one that doesn t. 3. People who talk about the need to respect the rule of law don t understand that certain issues are too important and too urgent to wait for legal processes to be carried out. 4. Self-government is impossible unless citizens are committed to the rule of law. 5. It is sometimes necessary for the people who make laws to be exempted from them.
Viewing Guide for Constitutional Principle: Rule of Law Directions: Before watching the video, answer the pre viewing questions. Fill in the blanks on Bill of Rights protections while you watch. Finally, answer the questions that follow after you have watched the video on a separate sheet of paper. Before you watch: 1. What do you think of when you hear the term rule of law? Write down some key words and phrases. 2. What ways can you think of that the Constitution provides for the rule of law in the U.S.? While you watch: 1. The Constitution forbids bills of (laws passed to single out one person). 2. It also bans laws, which means the government cannot suddenly declare an action illegal and then punish people who did it in the past. 3. All criminal trials will be tried by a. 4. The police cannot search you or your property without first getting a from a judge by demonstrating cause. 5. People accused of crimes have many rights to due process the right to know what they are being charged with, to consult with a, to confront their, call in their own defense, and have their trial take place in a manner in the location where the alleged crime occurred. 6. A government cannot try a defendant over and over until it gets a guilty verdict. This is known as double. 7. Excessive and cruel and unusual are forbidden. 8. The most serious crimes require a to bring charges, and the crime of treason can only be proven by the testimony of witnesses to the same overt act, or on in open court.
After you watch, answer the following questions on your own paper: 1. What does the principle of rule of law mean? 2. Describe some ways that the processes of drafting and ratifying the Constitution demonstrated the rule of law. 3. A commitment to the rule of law means a belief in the duly established systems and processes, even if outcomes aren t what some expect. Do you think this is a challenging concept for many citizens? Why or why not? 4. Professor Zywicki defines rule of law as a law or set of laws that are outside and above the government that constrain what the government can do to you. How would you put this in your own words? Do you believe this is a useful definition? Explain. 5. Why does Professor Zywicki state that ordinary people are the ones who benefit most when government follows the rule of law? 6. Though warrants are required for the police to perform searches, some exceptions to this requirement exist such as searches that take place after a lawful arrest, when items are in plain view, or when police are in hot pursuit of a suspect. Learn more about these exceptions and evaluate whether you believe they are reasonable. 7. The following questions are posed at the end of the video. Choose the one you find most interesting and write a 2 3 paragraph response, using resources available at www.billofrightsinstitute.org to support your answer. How transparent is our system of lawmaking? Should the US enforce only those laws enacted by the people through their representatives? Does the US have to enforce UN resolutions? International laws? Does the Executive Branch have to enforce all laws passed by Congress, even if he thinks they are unconstitutional? Can states nullify federal laws they conclude are unconstitutional? What does it mean for citizens to be committed to the rule of law? Does commitment to the rule of law mean obedience to all laws, even unjust ones?