Name: ________________________________________ Period:_____Category 1 Explanation Guide Benchmark 1.1 Recognize how Enlightenment ideas including Montesquieu’s view of separation of powers and John Locke’s theories related to natural law and how Locke’s social contract influenced the Founding Fathers.

During the 1700’s a movement developed in Europe called the Enlightenment. The core ideas of the Enlightenment focused on the importance of learning and reasoning. Enlightenment thinkers believed education was key to solving society’s problems. Several ideas about the relationship between government and the governed were formed. Those ideas included separation of powers, natural law and social contract.

Separation of powers is a system where power in government is divided into three branches each with their own specific responsibilities. This was a new concept in Europe because most governments had one person or group holding all the power, like a king or queen. While separation of powers divides power into three branches, checks and balances allows each branch to limit the powers of the others. Natural law is another idea from the Enlightenment. Natural law is the idea that human nature is based on reason; human beings are entitled to certain rights such as life and freedom. Because these rights are guaranteed to human beings simply because they are born, these rights are considered to be universal, which means that these rights are guaranteed to everyone. Natural rights are revealed in laws and government action that reflect natural law. A social contract is created when an organized society defines rights, duties and limits for the people and the government.

The United States developed from English settlements in North America that grew into 13 colonies. The King of England and Parliament (England’s legislature) governed the colonies. The colonists objected to the king who refused to listen to their concerns while Parliament did not include the colonists in decisions concerning the colonies. The colonists believed that these actions taken by the king and Parliament violated their individual liberties. This means that the colonists’ ability to live as free and independent people was not being protected.

Eventually, some colonists spoke out about wanting to separate from the government inEngland and to create their own government. Representatives from each of the 13 colonies decided to meet and write the Declaration of Independence which stated their reasons for separation. These individuals are now known as the Founding Fathers, or Founders. Many of the Founding Fathers’ views on the purpose of government included Enlightenment ideas such as separation of powers, natural law and social contract.

The Founding Fathers researched the ideas of Enlightenment thinkers such as JohnLocke’s ideas about natural law and social contract, and Baron de Montesquieu’s ideas about separation of powers. Locke believed that the purpose of government is to protect individual liberties and the natural rights of life, liberty and property. These ideas were expressed by the Founding Fathers when they wrote the Declaration of Independence. This occurred when the colonists wanted to be a free country and independent from England.

Montesquieu saw the dangers of a government where all power was given to a single person or group. Instead, Montesquieu explained that power in government should be divided into

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legislative, executive, and judicial branches. Each branch would have its own roles and responsibilities. This concept is called separation of powers. The ideas of natural law, social contract and separation of powers were used to create the basis of the system of government James Madison outlined in the U.S. Constitution. The Constitution continues to be the framework of government in the United States today.

Founding Fathers - representatives from each of the 13 colonies who decided to meet and write a document stating their reasons for separation and independence from England

Benchmark 1.2 Trace the impact that the Magna Carta, English Bill of Rights, Mayflower Compact, and Thomas Paine’s Common Sense had on colonists’ views of government.

The Magna Carta is a document that was developed by English citizens to require King John of England to protect certain rights of the people and to limit the king’s powers. The document forced the king to observe the laws of the land, which allowed for the citizens to gain liberties they did not have before the document was signed. The Magna Carta provided the idea of a limited monarchy. This means that the king shares power with an elected legislature and agrees to be bound by a constitution or a set of laws. Additionally, three other ideas came out of the Magna Carta: writ of habeas corpus, rule by constitutional law (the constitution governs all people within a country), and the development of common law. Although these goals of the document were not achieved, the Magna Carta became a symbol that, even in a monarchy, the king could be required to follow the law (rule of law). The Magna Carta influenced the colonists’ views on the purposes of government. The United States has a limited government through the three branches outlined in the U.S. Constitution.

The English Bill of Rights is a document that was written with the purpose of protecting peoples’ rights in England and stated that every citizen possesses individual rights which are unbreakable. The rights in the document are enumerated, or listed and include the right to bear arms in defense and the right to petition the monarch. The right to petition the monarch means that citizens have the right to communicate with the monarch to make requests about what the monarch might do for the people. This document also focused on the importance of having the consent of the people in government. The English Bill of Rights influenced the colonists’ views about the purposes of government by including the ideas contained in the document into two founding U.S. documents: The Declaration of Independence and the Bill of Rights.

The Mayflower Compact was a document to set up a government and write down the first set of laws for the settlers who arrived in Plymouth, Massachusetts. This document introduced the idea of self-government. When this group of people left England, their goal was not to avoid having a government but to create a government that worked better for their goals. They wanted a government that relied on the consent of the governed, had fair and equal laws for all, and included a social contract. A social contract means that the people give their consent to being governed and the government protects the people and make sure that laws are fair and equal for all. This document established one of America’s first democratic governments. The Mayflower Compact influenced the colonists’ ideas about the purpose of government through ideas that have been included in the U.S. Constitution. The idea of self-government is reflected in the U.S. Constitution. The U.S. Constitution begins with the phrase: We the People.By beginning the U.S. Constitution in this way, the writers were making it clear that the people were creating and running the government.

Common Sense by Thomas Paine is a pamphlet that encouraged colonists to seek independence from England and to move toward self-government. The pamphlet also accused King George III of England of tyranny, challenged his power and blamed him for the unfair treatment the colonists were receiving from England in the 1700’s. The pamphlet also stressed the importance of

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having a written constitution with a set of rules that everyone would have to follow and a government that could not become abusive.

limited monarchy - a system of government in which the king or queen shares authority with an elected legislature and agrees to be bound by a constitution or a set of laws, also known as a constitutional monarchy

self-government - popular or representative system where the people create and run their own government

Benchmark 1.3 Describe how English policies and responses to colonial concerns led to the writing of the Declaration of Independence.

During the French and Indian War, the English and the French fought over land located west of the colonies. The colonists supported the English and fought as part of their army. The English won the war, but the war left the English in debt and needing money. England looked to the colonies as a possible source of money, which led to a series of actions by King George III and the English Parliament (legislature) that upset the colonists. The king determined that one way to get rid of the debt was to tax the colonists. However, the colonists did not have representation in the English Parliament this led to the phrase “No taxation without representation”.

The king and Parliament passed a series of laws (acts) that impacted the colonists in a variety of ways. Some of the acts taxed the colonists on different goods and services and sent the money made from the taxes to the English government. One of these laws was the Stamp Act, which taxed all printed materials, such as newspapers, legal documents and playing cards. Colonists viewed this act as unfair because the taxes went directly to the English government, and not into the colonial governments. In response to the Stamp Act, the colonists began to organize and speak out with their complaints (grievances) against the king and Parliament for the tax. Colonists also sent a petition to King George III stating that only colonial legislatures can tax colonists and that taxation without representation went against the colonists' rights.

The Parliament’s response to this petition was to cancel the Stamp Act but it also passed other acts. Parliament ordered colonial legislatures to pay for English soldiers that were located in the colonies and they ordered colonists to house the soldiers and supply them with food ( This is why years later the 3rd amendment is created in the Bill of Rights. Parliament also began to tax other items, such as tea, glass, lead and paints. In response, the colonists decided to boycott, or refuse to purchase, many of the taxed items and continued to speak out against the actions of the Parliament. Some of the acts went beyond taxing goods and services and impacted colonists in other ways. One example of this was the Coercive Acts, known by colonists as the Intolerable Acts. The Acts closed the port of Boston and did not allow for ships to get into the port to deliver goods. The Acts also ended some of the colonial governments. The relationship between England and the colonies continued to worsen as the Parliament would pass and implement laws in the colonies and the colonists would continue to oppose the Parliament’s actions. The colonists continued to oppose the laws by organizing, writing petitions and speaking out against the laws, but over time they began to respond to English actions in a violent way. Colonists began to form militias and fight back against English troops in the colonies.

While fighting between English and colonial troops increased, in January of 1776 Thomas Paine published Common Sense. This 50-page pamphlet criticized King George III and argued for the colonies to be independent from England. A few months later, Thomas Jefferson wrote the Declaration of Independence, which was formally supported by the colonial Congress on July 4, 1776.

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goods - merchandise or objects for sale or trade

Parliament – the name of the English legislature

tax - money charged by a government for specific facilities or services Sources: “Effects of the French & Indian War.” About.com. N.p., 2014. Web. 10 March 2014.<http://militaryhistory.about.com/od/americanrevolution/a/amrevcauses.htm>  “English Colonial Era 1700 to 1763.” TheHistoryPlace.com. The History Place,1998. Web. 10 March 2014. <http://www.historyplace.com/unitedstates/revolution/rev-col.htm> “Timeline for American Independence.” CRFCelebrateAmerican.org. Constitutional Rights Foundation, 2013. Web. 10 March 2014. http://www.crfcelebrateamerica.org/index.php/story/69-timeline-for-american-independence

The colonists’ reasons for declaring independence can be summarized into three main

themes: individual rights, taxation and representation. Individual rights are rights guaranteed to a person. Colonists believed that King George III and the Parliament limited the colonists’ individual rights by the laws that they passed and their reactions to colonial grievances. Colonists believed thattheir rights were limited by being taxed on various goods and services while these taxes did notbenefit the colonies. They also believed that their rights were limited because their interests werenot represented in the Parliament and because their ability to govern in the colonies was takenaway.

The English taxed goods and services used by the colonists as a way to pay off the debt that resulted from the French and Indian War. Colonists believed this taxing was unfair because the tax money went directly to England, instead of the money returning to the colonies. The colonists also believed the taxes were unfair because the colonies were not represented in Parliament. Colonists believed that taxation without representation was wrong. Representation was another main concern, specifically colonists’ views and opinions being represented in Parliament and the colonists’ ability to represent themselves in colonial governments. Colonists were not represented in Parliament and therefore their interests or opinions were not considered when laws were passed and other decisions made. Over time, the colonists’ right to govern themselves was taken away when parliament declared that the English had the highest authority to govern the colonies. The colonies later declared their independence by writing the Declaration of Independence and fighting for freedom. Benchmark 1.4 Analyze the ideas (natural rights, role of the government) and complaints set forth in the Declaration of Independence.

The writers of the Declaration of Independence included Enlightenment ideas in the document. Natural rights represented much of their focus and stood as a primary reason for declaring independence. The Declaration of Independence stated that natural rights were not given by government; natural rights were given by "Nature and Nature's God."

The Declaration of Independence reflects the specific natural (unalienable) rights of life, liberty and the pursuit of happiness. The writers of the Declaration of Independence recognized that these three rights are broad and important enough to list. The natural right to life gives individuals, and not the government control over their lives. Limits on this right exist when an individual commits acts that violate others’ right to life. Liberty gives individuals the right to be free. Being free would later be expressed in the Bill of Rights with concepts that include freedom of speech, religious

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exercise, the press, peaceable assembly and petition. Liberty is also limited by the liberty enjoyed by other people within society. Finally, “the pursuit of happiness” is whatever individuals define as making them happy. Individuals have the right to try to achieve (pursue) their personal goal(s) that will lead to their personal happiness. Pursuit of happiness is limited by the natural rights of other people within society. Bill of Rights – the first ten amendments of the U.S. Constitution

Declaration of Independence - a document written in 1776 that listed the basis for democratic government and thegrievances of the colonists

One of the basic functions of government is to protect the natural rights of individuals. Although, according to the Declaration of Independence, government does not give individuals these natural rights—individuals are born with these rights and government protects these rights through the consent of the governed. Government, then, receives its powers from the consent of the people who are being governed. When the government becomes oppressive or does not protect the rights of the people and becomes a tyranny, the people have the right to “alter or abolish” the government, by changing it or replacing it with another government. The Declaration of Independence does not create a government. consent of the governed - an agreement made by the people to establish a government and abide by its laws oppression - the use of authority or power in a cruel or unjust manner tyranny - a government in which a single ruler possesses and abuses absolute power

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Benchmark 1.5 Identify how the weaknesses of the Articles of Confederation led to the writing of the Constitution.

After drafting the Declaration of Independence, the colonists needed to create a system of government for the new and independent nation. The first government of the United States was the Articles of Confederation. The colonists chose to create a confederation which is a state-centered, decentralized (no central power) government where the main powers of government were controlled by the states. The Articles of Confederation was a direct response to the long list of grievances (complaints) against King George III, the monarch who controlled the executive, legislative, and judicial powers for the colonies. When one person controls all aspects of government, this is called a unitary system.

To avoid a unitary system from forming in the new nation, the colonists decided to create a confederal government that was very different. This new confederation would have a system of government with no central power that would reflect the colonists’ fear of a powerful national government. Since the colonists were hoping to avoid a powerful national government and leader,

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they included some very strict limits on the government that have been identified as weaknesses of the Articles of Confederation. Below is a list of these weaknesses:

Because the Articles of Confederation created a decentralized (no central power) system of government, each state operated as an independent country in many ways. Each state was able to make trade agreements with other nations, each state established its own military, and each state made laws that its residents were expected to follow. The result of these actions was that the states were not operating as one nation and were, therefore, weak and could be attacked by other countries.

Adding to these concerns was Shays’s Rebellion. Shays’s Rebellion is the name given to anevent where 2000 western Massachusetts farmers protested in county courthouses to prevent the government from taking their farm lands. The government of Massachusetts was threatening to take the land from these farmers because they had not paid their taxes and other debts (something owed, such as money) during the Revolutionary War, even though the government told them they did not have to pay those taxes. Because the government of Massachusetts had not held up their end of the bargain, the farmers revolted.

Shays’s Rebellion made leaders within the national government examine the Articles ofConfederation a little more closely. In February of 1787, five states sent representatives to meet in Annapolis, Maryland to determine what to do next. They decided to call for a meeting of all 13 states to meet in Philadelphia that summer with the main purpose of fixing the Articles of Confederation. This meeting in Philadelphia would later be known as the Constitutional Convention, because this is where the U. S. Constitution was written to replace the Articles of Confederation.

Benchmark 1.6 Interpret the intentions of the Preamble of the U.S. Constitution.

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The U.S. Constitution begins with a one-sentence introduction called the Preamble. The Preamble explains the goals and purposes of the government. The Preamble begins with the phrase “We the People, of the United States” and then states six goals and purposes of the government: 1. form a more perfect union, 2. establish justice, 3. insure domestic tranquility, 4. provide for the common defence, 5. promote the general welfare, and 6. secure the blessings of liberty to ourselves and our posterity. The Preamble ends with the phrase: “do ordain and establish this Constitution for the United States of America”. The final phrase of the Preamble means that the people establish the U.S. Constitution to begin a new national government. establish justice - make a fair and honest system for all

form a more perfect union - create an even better government that will make life better for all insure domestic tranquility - government will protect citizens from conflict in the country and make sure that states do notgo to war with each other

ordain - to establish something by law

provide for the common defence - protect the country from other countries or groups that might try to harm us

promote the general welfare - government is focused on the public interest and that every state and individual can benefitfrom what the government can provide

secure the blessings of liberty to ourselves and our posterity - secure liberty and freedom for current and futuregeneration

The Preamble begins with the phrase, “We the People”. The writers of the U.S. Constitution

began the Preamble with these words to guarantee that the people would be the source of the government’s power and that power would not fall into the hands of a single king or ruler. By starting the Preamble in this way, the writers were making it clear that the government not only receives its power from the people, but also exists to serve them. The writers of the U.S. Constitution also knew that the power of the document depended on the approval of the majority of the people.

Benchmark 1.7 Describe how the Constitution limits the powers of government through separation of powers and checks and balances.

The Constitution includes the principle of limited government. This means that government can do only what the people allow it to do. In the United States the government is limited in power by a constitution, or written agreement. Constitutional government is a form of government based on a written set of laws to which all citizens agree. In this form of government, the Constitution is the highest law of the land. The Constitution limits the power of both the federal and state governments. It says what each may and may not do. Constitutional government is organized in such a way that one person or group cannot get enough power to control the government. constitutional government - a form of government based on a written set of laws that all citizens agree to; in this form ofgovernment, the constitution is the highest law of the land

limited government - a government that has been limited in power by a constitution, or written agreement

The writers of the U.S. Constitution, known as Framers, acted to protect Americans against governmental abuse of power. In order to set limits on power, the Framers divided the federal government into three branches. This separation of powers sets up three branches with their own

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distinct powers and responsibilities. Influenced by French thinker Baron de Montesquieu, the Framers believed that in order to protect the people’s liberty, each branch would have different tasks. This separation of powers, the Framers believed, would limit the ability of any one branch from gaining too much power.

This system was set up to limit the authority of the government. However, the Framers still feared that one branch of government could gain control of the other two. In order to ensure no one of the three branches would become too powerful, they established checks and balances. The principle of checks and balances allows each branch of government to limit the power of the other branches. Students will analyze how government power is limited by separation of powers and checks and balances.

To prevent the government from abusing its powers, the U.S. Constitution is organized around a separation of powers system that utilizes checks and balances. The power to make laws, enforce laws, and interpret laws is separated into three different branches of government while the government is further limited by checks and balances by allowing each branch to check or restrain the powers of the other two branches. These are ways that each branch can limit the power of the other two branches.

In a separation of powers system, the power of government is not given to any one branch.Instead, some of the power is given to each branch. The legislative branch has the power to create new laws, the executive branch has the power to carry out and enforce laws, and the judicial branch has the power to interpret laws.

Each branch of government can check the powers of the other branches. The executive branch may veto laws passed by Congress, nominate certain government officials and Supreme Court justices, and propose new legislation. The president can make treaties, but they must be ratified by the Senate. The legislative branch can impeach and convict the president, other members of the executive branch, and federal judges. Congress may pass laws over the president's veto by two-thirds majority vote of both houses. The legislative branch may reject appointments made by the president as well as propose amendments to the United States Constitution. The judicial branch may declare executive actions and laws passed by Congress unconstitutional. This power of judicial review allows U.S. courts to examine the laws or actions of the legislative and executive branches of the government and to determine whether such actions are consistent with the U.S. Constitution. Judicial review is an important check on the legislative and executive branches because it prevents them from straying too far from the Constitution. The Supreme Court case that established the power of judicial review is Marbury v. Madison. Since the judicial branch has the power to interpret laws, it must be able to determine if a law is unconstitutional and declare it “null and void”.

This system of distributed and shared powers spelled out in the U.S. Constitution provides limited government to prevent the abuse of power. impeach - to bring formal charges of wrongdoing against a public official (such as the U.S. President)

judicial review - the power of the U.S. courts to examine the laws or actions of the legislative and executive branches ofthe government and to determine whether such actions are consistent with the U.S. Constitution

ratify - to confirm by expressing consent or approval

veto – to a decision by an executive authority such as a president or governor to reject a proposed law or statute

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Benchmark 1.8 Explain the viewpoints of the Federalists and the Anti-Federalists regarding the ratification of the Constitution and inclusion of a bill of rights.

The Federalists, who spread their views in writings called the Federalist Papers, wanted the states to ratify the Constitution as written in 1787. This would create a federal system of government in the United States where the central government would share power with the states. Federalists believed that the way the government was set up under the new Constitution provided protection for people’s rights in the following ways:

• Constitutional big ideas such as separation of powers and the system of checks and balances protected the people because no branch of government could get too strong. • By not listing specific rights in the Constitution, the people were protected better than they would be if the rights were actually listed. This is because it is impossible to list all of the rights of the people. Listing any specific rights might have meant the government could violate any unenumerated (not listed) rights. • Federalists thought that the Constitution would better unite the country and would lead to the growth of more business than would be possible if the Articles of Confederation were kept as the system of government.

The Anti-Federalists, who published their views as the Anti-Federalist Papers, were against the ratification of the Constitution and only wanted to make minor changes to the government as set up under the Articles of Confederation. They thought that the Constitution made a national government that was too strong and thought that the Constitution shouldn’t be passed for the following reasons:

• Too much power would be taken away from the states.• The Constitution needed a specific listing of rights to protect the people from the national government.• The national government would be allowed to keep an army in times of peace.• The “necessary and proper” clause, also known as the “elastic clause,” of the constitution would give too much power to the Congress.• The Executive Branch would be too strong.• The system of government (federalism) described in the Constitution was too new and untested – few governments around the world had tried such a method.• The way that the Constitution was to be ratified would conflict with the Articles of Confederation (which required unanimous consent of all 13 states for any amendments; the ratification of the Constitution required 9 of 13 states in order for the new government to take effect). • A country the size of the United States could not be governed by one central government.

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Most importantly, the Anti-Federalists thought it was important for the Constitution to include a bill of rights. This listing of specific rights protecting the speech, property and religious expression of the people, among many other rights, would protect the people from the federal government abusing its power. The way that the British treated the colonists before they declared independence was fresh in their minds and many Americans felt that a specific listing of rights was needed.

The Constitution was eventually ratified by all of the states. Soon after ratification, Congress and the states also ratified the Bill of Rights. This compromise allowed the Federalists to get theConstitution ratified while also respecting the Anti-Federalist belief that to ensure that the protection of the rights of the people the Constitution needed a Bill of Rights.

Benchmark 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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Benchmark 1.9 Clarification 1: Distinguish between the characteristics of a society that operates under the rule of law and one that does not.

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.

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.

Amendment - an amendment to the U.S. Constitution that defines citizenship, grants citizenship to former slaves and defines voters as males at least 21 year 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 determinefacts and make a judgment of guilty or not guilty; protected in the Sixth Amendment

Benchmark 1.9 Clarification 2: Assess the importance of the rule of law in protecting citizens from arbitrary and abusive uses of government power.

A critical role of the rule of law is to protect citizens from the government. The FoundingFathers 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.

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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 unfair administration of the law. Eighth Amendment – an amendment to the U.S. Constitution that provides freedom from excessive bail or fines andfreedom 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 formerslaves and defines voters as males at least 21 year 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 takenaway 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 power thatcan range anywhere between limited to absolute

Sixth Amendment - an amendment to the Constitution that provides protections and rights to a person accused of a crimeincluding the right to a speedy trial with an impartial jury

Benchmark 1.9 Clarification 3: Evaluate the impact of the rule of law on governmental officials and institutions (accountability to the law, fair procedures, decisions based on the law, consistent application, enforcement of the law, and transparency of institutions).

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 acrime, justice must be administered without prejudice. This means that 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 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

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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.

Benchmark 3.10 Clarification 1: 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.

Benchmark 3.10 Clarification 2: 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 law making 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. 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.

Benchmark 3.10 Clarification 3: There are different types of law in the United States. One type is constitutional law, which focuses on interpreting the U.S. Constitution. Constitutional law defines the powers between states, between the national government and the states, and between the government and citizens.

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 law deals 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.

case law - law established based on the outcome of former court casescommon 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 courtregulation - 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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