Name _____________________________ Page ________

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.

Read the article. While reading, highlight 10 pieces of useful information about
the concept, rule of law.

A government with unpredictable…

laws, poisons the blessings of liberty
itself”
(James Madison, Federalist No. 62,
1788).

In a democracy, no individual-even
the President- is above the law. This concept
of a government of laws rather than of men
and women, is called the rule of law. Under
this idea, officials base their decisions on the law, not personal opinion. If an official breaks the
law, he or she must be treated like any other citizen. Our laws are also public and citizens know
the basic law of the land. This is important protection against government tyranny (abuse of
power).
If there is no limit on a ruler’s power, then he can make whatever rules he pleases and
not obey the rules he makes. He can also change the rules whenever he wants. If he doesn’t
like someone who owns a business, he can make that business illegal, or create a regulation
that he knows will cause it to go out of business. If he doesn’t like what people say about him,
he can make criticism of him illegal. He has total power to punish anyone he wants and to
exempt his friends from laws that others must obey.
When government officials can make any laws they please—and hold
themselves above the law—there is less economic growth, less creativity, and less happiness.
People won’t be willing to risk time and money starting businesses. Writers and speakers will
restrain their words. Everyone will worry that his freedoms can be destroyed at the whim of a
powerful government agent.
The many benefits of freedom we take for granted in the United States—to speak our
minds, to gather with whom we please, to practice our religions or refrain from practicing a
religion, and to build businesses—are protected because we live under “the rule of law.” This
means that we are governed not by officials who can make any rules they want, but by laws that
are difficult to change (and therefore stable), limited in scope, and applied to every citizen—
including the people who make them.
The Founders of our country also understood that the rule of law is essential to
protecting minority rights. They feared not just cruel kings, but “tyrannical majorities” that might
be convinced to take away the liberty of people they dislike because of their race, wealth, or
religion. The rule of law insures that laws aren’t designed to target certain groups. Even if the
majority of voters decided, for example, to make Catholics pay higher taxes, the Constitution
(and the principle of the rule of law that it reflects) forbids singling out a minority group in this
way.
As with every part of our written constitution, we need to understand that words on paper
only have so much power. Ultimately, the rule of law depends on people with the courage, self-
reliance, and wisdom to make good decisions, and who have enough tolerance for others to let
them live as they see fit.
Name _____________________________ Page ________

Read the examples below and determine if the rule of law is being broken or followed. Use the
rights/laws listed beneath the chart to help explain your answer.

Example Rule of Rule of Law Evidence to prove your point

Law is is broken
followed

The President of the

United States was
stopped by the
Supreme Court when
he tried to extend the
number of years he
could remain in office.

The governor of
Mississippi stole
$200,000 from the
treasury and the judge
said ”There’s nothing I
can do.”

A newspaper reporter is
arrested for writing
negative articles about
the President of the
United States.

A convicted robber was

sentenced to 25 years
in prison.

Anyone who refuses to

attend church in
Camden, Ohio is
arrested.

The protestors met in

front of the courthouse
to complain about high
taxes.
Rights/laws in the United States:
1. Stealing is a crime in the United States
2. Right to assemble and protest peacefully about the government
3. Freedom of religion
4. Freedom of the press to publish truthful news reports about what is happening in the
government
5. All people accused of a crime have the right to a trial to determine their guilt or innocence
6. The Constitution states that a presidential term of office is for four years and no more than two
terms of office may be served.