UNIT III



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UNIT II

FOUNDATIONS OF AMERICAN GOVERNMENT

Lesson 7

What does “rule of law” mean?

SS.7.C.1.9 Define the rule of law and recognize its influence on the development of the American legal, political, and governmental systems.

Source

Adapted from lessons by Street Law at the University of Washington Law School at

Adapted from the New Hampshire Bar Association lesson, “No Vehicles in the Park”:



Overview

This lesson introduces the idea of rule of law and why we have laws, focusing on the notion that all citizens are subject to the law.

Objectives

• Students will participate in a game that simulates unfair rules.

• Students will define “law” and discuss why laws exist.

• Students will write a one-page reaction to quotes dealing with the rule of law.

Time

• One 50 minute class period

Passport Vocabulary

• Law

o A rule established by government or other source of authority to regulate people’s conduct or activities.

• Rule of Law

o The principle that both those who govern and those who are governed must obey the law and are subject to the same laws.

• Law enforcement

o Agencies such as the FBI, police department, sheriff’s department, etc. that make sure people obey the law

• Statute

o A law made by a legislature and expressed in a formal document

Strategies

• Simulation

• Brainstorming

• Class discussion

Materials

• Enough “prizes” (candy, pencils, stickers, etc.) for all students to have one

• Copies of “Cases To Be Considered” worksheet, 1 per student (see below)

• Copies of “Beautifica No Vehicles in the Park” worksheet, 1 per student (see below)

Activities

1. Paper clip game

• Tell students that they will be playing a game and there will be prizes for the winning team.

• Count off students into groups of four or five and ask to stand in lines (front to back)

• Give first student in each line 5 paperclips.

• Tell students to start playing when you say “go”.

• Say “go”.

• Students will eventually ask for instructions – tell them to pass the paperclips to the back of the row and then back to the front, one at a time. The first team to finish wins.

• Start students again, but quickly stop. Tell them they forgot to pass the clips over their left shoulders only. If they complain, don’t respond.

• Start again, but again quickly stop. Change rule to passing over right shoulder and penalize one group for violating the rule by giving them an extra paper clip.

• Start again, and then stop for some arbitrary reason (i.e. for having someone wearing flip-flops). Give that row two additional paperclips to pass.

• Start again and allow game to conclude.

• Announce winners and hand out prizes.

2. Follow-up discussion

• How did the game make them feel?

• Was it unfair? Why?

• What could be done to make the game fair? (Clear and consistent rules set out at beginning; no changing of rules mid-game; no discriminatory or arbitrary rules; apply rules equally)

• Why do they think we played that game?

• How do laws differ from rules?

• Who makes laws? (government) Who makes rules? (private parties – e.g., schools, parents)

• Where do laws/rules apply?

• Hand out rest of prizes to other teams.

• What is the definition of law? (Rules and regulations made and enforced by government regulating the conduct of people within society; rules established by authority, society, or custom)

• What are some laws you encountered today? (traffic laws, discrimination laws, consumer laws, environmental laws, mandatory school attendance laws)

• Why do we have law? (Promote order/stability -- prevent confusion/disorder; protect human rights; promote fairness; promote values; resolve conflicts; represent will of majority; protect rights of minorities; protect environment; govern relations between individuals/groups)

3. Project the following on the front board:

FROST (Talk Show Host/Interviewer): So what in a sense you're saying is that there are certain situations […] where the president can decide that it's in the best interests of the nation or something, and do something illegal.

NIXON (Former President/Interviewee): Well, when the president does it that means that it is not illegal.

...A government of laws and not of men. – John Adams

4. Ask students to write a one-page reaction to the two quotes. To guide their writing, ask students to answer the following questions:

• Do you agree with what Nixon said? Why or why not?

• Is anyone above the law? The president? Members of Congress? Celebrities?

• What does John Adams mean? Do you agree with the message of his quote?

5. If students finish before class time is over, ask students to share their thoughts on the two quotes and the rule of law in general.

Activities

PROCEDURE VARIATION 1:

1. Announce to the class that every pupil in the room is a judge. Explain that there is a neighboring community where no vehicles are allowed in the park. You are going to present a series of cases (use handout “Cases To Be Considered” below) that may be violations of that statute. After describing each case, you are going to call upon a different judge who will determine if a case is, in fact, a violation. Each judge will have to make a determination, based solely on the facts presented. Remind the students that the verdict can range from not guilty to a fine on a scale from five to fifty dollars. Be sure to identify students as “Judge Smith” or “Judge Jones” in order to emphasize their roles.

2. Go through each case one by one, giving students time to read the case; then call on different students to respond to each case. (As an alternative, you can make this a small group activity, where each group reads a few of the cases that you assign to it and makes a group ruling on each assigned case.)

3. By the time you have gone through all the cases, the class should be asking questions about what the statute means and how a vehicle is defined. If not, you can add your own cases, including roller skates, wagons, wheelchairs, and other such things. Conduct a discussion, using the following questions:

A. Why would a community want a law about vehicles in the park?

B. What is the purpose of a park, and how does the statute protect that purpose?

C. Is the purpose of the park related to the purpose of the statute?

D. If you were the mayor or a legislator rather than a judge, would you want to change this statute?

4. Tell the class that our system of government requires that a delicate balance be maintained among competing interests. In the functioning of government, the purposes of various institutions must be in balance with one another. It is important for students to see the relationships among the legislature, the judiciary, and the executive (which includes law enforcement). Ask students the following questions to focus on these relationships:

A. What is the purpose of each institution?

B. Why are the processes separate? Why shouldn’t the lawmakers also be the law enforcers, for example?

C. It would certainly make life easier for police officers if they could issue appropriate punishment on the spot. What would be the dangers in operating this way?

D. What is society valuing by separating lawmaking from law enforcement?

PROCEDURE VARIATION 2:

1. Ask students to read the handout “Beautifica No Vehicles in the Park” (see handout below).

2. Tell students to decide individually which exceptions they would grant and why.

3. Divide the class into groups of four or five. Ask each group to decide on exceptions.

4. Vote on each case; for those the majority agree upon, have the class rewrite the law so that all the exceptions they desire are included.

5. Conduct a discussion, using the following questions:

A. Why would a community want a law about vehicles in the park?

B. What is the purpose of a park, and how does the statute protect that purpose?

C. Is the purpose of the park related to the purpose of the statute?

D. If you were the mayor or a legislator rather than a judge, would you want to change this statute?

6. Tell the class that our system of government requires that a delicate balance be maintained among competing interests. In the functioning of government, the purposes of various institutions must be in balance with one another. It is important for students to see the relationships among the legislature, the judiciary, and the executive (which includes law enforcement). Ask students the following questions to focus on these relationships:

A. What is the purpose of each institution?

B. Why are the processes separate? Why shouldn’t the lawmakers also be the law enforcers, for example?

C. It would certainly make life easier for police officers if they could issue appropriate punishment on the spot. What would be the dangers in operating this way?

D. What is society valuing by separating lawmaking from law enforcement?

CASES TO BE CONSIDERED

CASE 1:

An automobile drives through the park. It is stopped by a police officer. After checking the driver’s license and registration, the officer asks why the car passed through the park and if the driver knows about the statute prohibiting vehicles. The driver reports knowing about the statute but was in a hurry to cross town and went through the park as a shortcut.

CASE 2:

A garbage truck is stopped by a police officer for driving through the park. The driver admits knowing about the law, and that usually the vehicle is not used to pick up refuse. On this day, there was an unusual amount of garbage, and it couldn’t be removed by hand.

CASE 3:

An ambulance is stopped by a police officer for driving through the park. The ambulance did not have its siren operating or its lights flashing. The driver explains that an accident had occurred, and the ambulance was called to pick up an old person. The person is believed to have had a heart attack. It would be unsafe to use the siren or lights with a heart-attack victim.

CASE 4:

A group of bicycle riders from the Fresh-Air-Is-Fun Club are stopped by a police officer while cycling through the park. The cyclists say they are on a day long bicycle outing from another town and are unfamiliar with the statute. Several members of the group argue with the officer, stating that the law is stupid because the paths are wide enough for riders and walkers.

CASE 5:

This case involves a six-year-old girl who is riding her tricycle through the park. An officer stops her and tells her she can’t ride her tricycle in the park. The little girl continues to ride, after telling the officer that it’s a silly rule and she doesn’t care.

CASE 6:

An eighty-two-year-old woman is stopped by a police officer when she is seen riding through the park on her skateboard. The woman has remarkably acute vision and says she read the posted sign prohibiting vehicles, but claims that her skateboard is a toy, not a vehicle. The officer does not know whether a skateboard is a vehicle or not. The woman is brought to court so that a judge can render a decision.

CASE 7:

A group of citizens in the community decide to place an old World War II army tank on a pedestal in the middle of the park. The tank will be transported on a flatbed truck. Before doing so a representative of the group calls the police department to ask if this is a violation of the statute about vehicles.

BEAUTIFICA NO VEHICLES IN THE PARK

The town of Beautifica has established a lovely park in the city because the city council wished to preserve some elements of nature, undisturbed by city noise, traffic, pollution and crowding. It is a place where citizens can go and find grass, trees, flowers and quiet. In addition, there are playgrounds and picnic areas. At all entrances to the park the following sign has been posted: “No Vehicles in the Park.”

The law seems clear, but some disputes have arisen over the interpretation of the law. Interpret the law in each of the following cases, keeping in mind the letter of the law as well as the intent of the law.

1. John Smith lives on one side of the town and works on the other side. He will save ten minutes if he drives through the park.

2. There are many trash barrels in the park, so that people may deposit all litter there, thereby keeping the park clean. The sanitation department wants to go in to collect the trash.

3. Two police cars are chasing a suspected bank robber. If one cuts through the park, he can get in front of the suspect’s car and trap him between the patrol cars.

4. An ambulance has a dying car accident victim in it and is racing to the hospital. The shortest route is through the park.

5. Some of the children who visit the park want to ride their bicycles there.

6. Mrs. Thomas wants to take her baby to the park in a baby buggy.

7. A monument to honor the town’s citizens who died in the Vietnam War is being constructed. A tank, donated by the government, is to be placed beside the monument.

8. Several of the town’s citizens have made a living for several years by driving people around scenic spots in the city in an old-fashioned horse and buggy. They want to drive people through the park.

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TEACHER CONTENT KNOWLEDGE RESOURCE

UNIT II

FOUNDATIONS OF AMERICAN GOVERNMENT

Lesson 7

What does “rule of law” mean?

SS.7.C.1.9 Define the rule of law and recognize its influence on the development of the American legal, political, and governmental systems.

Passport Vocabulary

• Law

o A rule established by government or other source of authority to regulate people’s conduct or activities.

• Rule of Law

o The principle that both those who govern and those who are governed must obey the law and are subject to the same laws.

This document addresses the following issues:

1. The concept of the rule of law.

2. The concept of justice

3. How the concept of the rule of law is reflected in the oaths of office taken by federal officials in the United States.

1. The concept of the rule of law:

Law is understood to be a system of rules that are enforced through a set of institutions that are imposed on the entire society. Laws need not be perceived as fair or just in order to be enforceable, or for the legal system itself to operate.

The rule of law is also called the “supremacy of law”. This notion of supremacy means that there should be no discretion in the application of the laws. Otherwise, arbitrary government would result. An arbitrary government would mean that the laws would apply to some and not others.

The rule of law is very important in a democracy, particularly because, if the people do not support the government, they may revolt against it. An arbitrary application of the laws might compel the people to revolt.

The rule of law is an ancient ideal. For example, around 350 BC Plato wrote:

“Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state.”

Similarly, Aristotle also supported the rule of law. He wrote that the “law should govern”. Those holding power should be “servants of the laws”.

2. The concept of justice

The concept of justice differs from the rule of law. The concept of the rule of law does not, in and of itself, speak to the notion of justice. It is entirely possible, particularly in modern dictatorships, that there is a rule of law that is unjust. Undemocratic nations that do not respect human rights commonly operate under a rule of law. By contrast, justice is often perceived as a combination of elements that include the rule of law, while at the same time considering competing claims and impartial evaluation of the facts.

One of the best known symbols of justice is “Lady Justice”, a symbol of a goddess who wields a sword that represents the court’s coercive power, scales that symbolize the weighing of competing claims, and a blindfold, which shows impartiality.

Below is an image of “Lady Justice” that includes all three symbols:

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3. How the concept of the rule of law is reflected in the oaths of office taken by federal officials in the United States.

The rule of law is reflected in the oaths of office taken by federal officials in the United States.

The best known oath of office is that taken by the president:

"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Members of Congress take this oath of office (this oath of office is not specified in the U.S. Constitution):

“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.“

Members of the U.S. Supreme Court take this oath of office:

"I do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me under the Constitution and laws of the United States."

REFERENCES

Rutherford, Samuel. Lex, Rex or the Law and the Prince:



de Secondat, Charles, Baron de Montesquieu. The Spirit of the Laws. Translated by Thomas Nugent, revised by J. V. Prichard. London: G. Bell & Sons, Ltd., 1914 (originally published 1748).

Seliger, Martin. The Liberal Politics of John Locke. New York: Praeger, 1969.

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