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.

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In countries that follow the rule of law, laws apply equally to everyone regardless of their position in society.  In the United States, laws are created by citizens through elected officials that apply equally to everyone and that are meant to create order and fairness in society. Government power is controlled through separation of powers and checks and balances which establishes a way to make sure that one branch of government does not abuse its powers.   

The U.S. Constitution, its Bill of Rights, and the 14th Amendment all work to ensure the rule of law.  For instance, if someone is accused of a crime, the Sixth Amendment guarantees that a judge must inform that person of the charges against them.  Also, citizens are guaranteed trials decided by impartial juries within a reasonable amount of time (“speedy and public trial”). The law and rights of the accused apply to all citizens.   Government power is controlled through separation of powers and checks and balances which establishes a way to make sure that one branch of government does not abuse its powers.

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In countries without the rule of law, it is not uncommon for citizens accused of crimes to stay in jail for long periods of time without being informed of the charges against them.  The law may even apply differently for the poor than for the wealthy, for leaders in power compared to people who do not hold power, differently for men and women, or often for people who practice one religion as opposed to another religion.  Additionally, if someone wanted to speak out against the government by protest, petition, or by writing a letter to the editor of the newspaper, it is possible that this person could be arrested and held in prison without a trial. In fact, without the rule of law, it is especially challenging to control the government.

Vocabulary

Amendment

an amendment to the U.S. Constitution that defines citizenship, grants citizenship to former slaves and defines voters as males at least 21 years of age

citizens

a legal member of a state and/or country

impartial juries

a group of citizens sworn to give a true verdict according to the evidence presented in a court of law

 petition

a formal written request made to a superior or authority

rule of law

a concept that those who govern are bound by the laws; no one is above the law

Sixth Amendment

an amendment to the Constitution that provides protections and rights to a person accused of a crime including the right to a speedy trial with an impartial jury

trial

a trial in which the issue is determined by a judge and a jury, usually with 12 members, whose job is to determine

facts and make a judgment of guilty or not guilty; protected in the Sixth Amendment

 

A critical role of the rule of law is to protect citizens from the government.  The Founding Fathers feared that government would become too powerful and look like a monarchy or some other form of abusive government.  The Constitution controls government from becoming too powerful by separating the powers of government into the executive, legislative, and judicial branches, and then holding each branch accountable to each other with the principle of checks and balances. 

 

Having a written set of laws created by popularly elected representatives also protects citizens against laws created randomly and abuses of government powers.   Additionally, the laws are available to people accused of crimes.  The Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the U.S. Constitution guarantee that citizens accused of crimes are protected from the unfair administration of the law.  

Vocabulary

Eighth Amendment

an amendment to the U.S. Constitution that provides freedom from excessive bail or fines and freedom from cruel or unusual punishment for a person accused of a crime 

Fourth Amendment

an amendment to the U.S. Constitution that provides freedom from unreasonable searches and seizures. This amendment also states that warrants must only be issued with probable cause. 

Fourteenth Amendment

an amendment to the U.S. Constitution that defines citizenship, grants citizenship to former slaves and defines voters as males at least 21 years of age

Fifth Amendment

an amendment to the U.S. Constitution that provides protections to a person accused of a crime, including the right of due process. Due process is the concept that a person cannot have life, liberty, or property taken away without appropriate legal procedures and protections.

monarch

a form of government headed by a king or queen who inherits the position, rules for life, and holds the power that can range anywhere between limited to absolute

 Sixth Amendment

an amendment to the Constitution that provides protections and rights to a person accused of a crime including the right to a speedy trial with an impartial jury

 

Government officials including police officers, senators, judges, and presidents are accountable (responsible) to the law.  An independent judiciary holds government leaders accountable for their actions.  The rule of law ensures that no one, regardless of her or his position of power, is above the law. If laws are going to apply to everyone, there must also be an established and practiced set of procedures (directions) that are uniformly applied.  Judges must use the same set of written laws and procedures available to defendants and their attorneys.  This ensures that fair procedures are followed.

 

Rule of law also makes sure that judges and juries base decisions on the law.  People accused of crimes must be charged with a violation of a law. This means that they have to be charged with breaking the law.  This right is protected by the Sixth Amendment, which ensures that decisions are based on laws by guaranteeing that people accused of crimes are informed of the charges against them. 

 

Application of the law must also be applied consistently.  Regardless of who is accused of a crime, justice must be administered without prejudice. This means that each person should be treated in the same way by the legal system no matter who they are. Enforcement of law to prevent crime requires the cooperation and management of federal, state, and local crime prevention agencies including local police and county sheriffs. 

 

Lastly, in order to ensure the fair administration of justice, citizens must have access to the written laws, participate on juries, and be knowledgeable of how the legal system works. The legal system must be transparent, or clear. This concept is known as transparency of institutions and requires that the general public know the court system’s rules and procedures which serve as common tools to guarantee justice for all.

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SS.7.C.3.10

Identify sources and types (civil, criminal, constitutional, military) of law.

 

The Code of Hammurabi was a written code of rules in the ancient society of Babylon and dates back to 1772 B.C. Hammurabi’s code included 282 laws. Each crime was given a specific punishment, depending on a person’s social position. These laws created order and guided people in their everyday lives. Other societies, including the United States, have used the Code of Hammurabi to develop their own laws. The Magna Carta was a government document that limited the power of the king of England. It was written by a group of English nobles in 1215 and protected the rights of the nobility (the highest class of people in England). Much later, the American colonists thought they should have the same rights as Englishmen. Some of the rights in the Magna Carta were written into the U.S. Constitution and the Bill of Rights. One example is the Fifth Amendment’s due process clause.

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Laws come from different sources, and they are made at the local, state, and federal levels of government. Based on Article Six of the U.S. Constitution, the Supremacy Clause, the higher levels of government decide how much lawmaking power the lower levels of government have. For example, the national government decides how much power the states have, and states decide how much power local governments have. The laws made at the lower levels may not conflict with the state or national laws. The constitutional law focuses on interpreting the U.S. Constitution. The U.S. Supreme Court is the highest authority on interpreting the U.S. Constitution. The U.S. Constitution is the supreme law of the land. States cannot create laws that conflict with it.

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There are different types of law in the United States. One type is constitutional law, which focuses on interpreting the U.S. Constitution. The constitutional law defines the powers between states, between the national government and the states, and between the government and citizens.

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People who break state statutes are tried in state courts. People who break federal laws are tried in federal courts. Civil and criminal law have the most effect on citizens. Juvenile lawdeals with people under the age of 18 who commit crimes. Military law only applies to people in the military. Congress created a set of criminal laws called the Uniform Code of Military Justice (UCMJ) for everyone who serves in the military. The military has its own courts to try cases involving people in the military who commit crimes.

Vocabulary

case law

law established based on the outcome of former court cases

common law

law based on customs and prior legal decisions; used in civil cases

constitutional law

law that focuses on interpreting the U.S. Constitution

precedent

a court decision in an earlier case with facts and legal issues similar to those in a case currently before a court

regulation

a rule that a government agency makes to enforce a law

statutory law

laws passed by Congress or a state legislature

Supremacy Clause

the clause that states that the U.S. Constitution is the supreme law of the land and that national laws are supreme over state laws, found in Article VI (six)

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SS.7.C.3.12

Analyze the significance and outcomes of landmark Supreme Court cases including,

but not limited to, Marbury v. Madison, Plessy v. Ferguson, Brown v. Board of Education,

Gideon v. Wainwright, Miranda v. Arizona, In re Gault, Tinker v. Des Moines,

Hazelwood v. Kuhlmeier, United States v. Nixon, and Bush v. Gore.