ss.8.cG.1.11_Rule of Law (Assessment #s)

Front

This diagram shows the characteristics of a political system. Which title best completes this diagram? Options: The Requirements of Checks and Balances, Federalism and Government Institutions, Autocracy and the Legislative Process, The Impact of the Rule of Law

Back

The Impact of the Rule of Law

Answer explanation

Rule of law is the concept that says that no one is above the law, not even those who govern. The characteristics presented in the table represent the rule of law and its impact.

A is Incorrect – Checks and balances is the principle that no one branch can become too powerful because each of the branches has the power to check or limit the powers and actions of the other two branches.

B is Incorrect – Federalism is a system of 

government where the national government gives up powers to the states; in a federal system, power is shared between the national government and the state governments.

C is Incorrect – An autocracy is a type of government where the central government has complete power and is usually controlled by one person.

Front

Which foundational principle ensures that citizens cannot lose their life or freedom without having their legal rights protected?

Back

due process of law

Answer explanation

Due process of law, as stated in the 5th and 14th Amendments, ensures that all levels of government will operate within the law and provide fair procedures.

A is Incorrect- Rule of law refers to the fact that no one is above the law; everyone is accountable.

B is Incorrect- Social contract focuses on the relationship between the public and government, which is not reflected by the three branches of government.

D is Incorrect- Separation of powers focuses on having branches of government, each with its own structure, function, and responsibilities.

Front

What is the importance of the trial procedure shown in this image?

Back

It guarantees due process of law.

Answer explanation

The fair procedures that ensure due process of law for those accused of crimes include right to a speedy trial, right to a trial by jury, right to an attorney, among others.

A is Incorrect - Due process of law guarantees fair procedures in the trial process but cannot guarantee an accurate outcome.

B is Incorrect - The U.S. Constitution is built around the rule of law, including having open 

institutions. That is not being shown in this image.

C is Incorrect - While the 6th Amendment includes the right to an attorney, that is not the trial procedure shown in the image.

Front

Which characteristic of the rule of law is weakened by Nixon’s quote: "Well, when the president does it, that means that it is not illegal."?

Back

It must be applied consistently.

Answer explanation

Rule of law requires consistent application of the law, which is referenced in the quote. All persons, whether they hold a government position, such as a president, or ordinary citizens, are expected to follow rule of law. Nixon’s statement, therefore, was incorrect.

A is Incorrect- One way to experience rule of law is through legislative oversight, but it is intended to be part of the American system with or without this requirement.

B is Incorrect- The rule of law best functions with separation of powers, but it is not an absolute requirement.

C is Incorrect- Rule of law exists separate from a free press

Front

Based on their conversation, which characteristic of American government is most important to these citizens?

Back

rule of law

Answer explanation

Police who do not abuse their power is one important concept of the rule of law.

A is Incorrect- Representative democracy is not a focus of the conversation, which focuses on the role of the police.

B is Incorrect- The emphasis here is on enforcement of the law (executive branch) and not on lawmaking or judicial review. Separation of powers is not addressed.

C is Incorrect- Trial by jury is not a focus of the conversation, which focuses on the role of police.

Front

Which option best describes the importance of the rule of law? Options: It allows police to keep evidence a secret during a criminal trial. It exempts government leaders from having to follow procedures. It protects citizens from arbitrary and abusive uses of government power. It ensures different laws can be applied to people of different social classes.

Back

It protects citizens from arbitrary and abusive uses of government power.

Answer explanation

The rule of law is the constitutional principle that holds everyone accountable under the law, including those people who make and enforce laws.

A is Incorrect- When applied, a society operating under rule of law ensures transparency of institutions, fair judicial procedures, consistent application of law, and overall due process.

B is Incorrect- Rule of law ensures that the law is applied to everyone equally, no matter their social class or position.

D is Incorrect- Rule of law ensures that the law is applied to everyone equally, no matter their social class or position.

Front

Which statement describes an impact of the rule of law? Options: state of nature, checks and balances, separation of powers, transparency on institutions

Back

transparency on institutions

Answer explanation

The U.S. Constitution is organized around the rule of law; a government organized around the rule of law will include transparent (open) institutions.

A is Incorrect- The rule of law develops from a state of nature in the creation of civil governments.

B is Incorrect- Checks and balances are established by the Constitution; the Constitution is organized around the rule of law.

C is Incorrect- Separation of powers is established by the Constitution; the Constitution is organized around the rule of law.

Front

Which characteristic serves as a long-term protection against tyranny and is a foundation of liberty in the United States? Options: the commerce clause, the elastic clause, the right to trial, the rule of law

Back

the rule of law

Answer explanation

The rule of law is the constitutional principle that holds everyone accountable under the law, including those people who make and enforce laws. Under a tyrannical government, rulers can create any laws that they want and decide who is held accountable, threatening liberty.

A is Incorrect- The Commerce Clause allows Congress to regulate business between different states and with foreign nations. The Commerce Clause does not fulfill the long term protections identified in the question stem.

B is Incorrect- The Elastic Clause allows Congress to enact all laws that are “necessary and proper” for carrying out their enumerated powers. The Elastic 

Clause does not fulfill the long term protections identified in the question stem.

C is Incorrect- The right to a trial is an individual right that is usually present in a society that respects the rule of law. The right to trial on its own is not enough to protect against tyranny in the long-term or form the foundation of liberty in the United States.

Front

This statement is from the Magna Carta, written in 1215.
To no one will we sell, to no one will we refuse or delay, right or justice.
Which political principle justifies this statement?

Back

The rule of law guarantees fair legal treatment.

Answer explanation

Fair legal treatment, which is part of the rule of law, includes the right to justice that is not delayed or held up.

A is Incorrect- The right to trial protects citizens and not political institutions.

C is Incorrect- Checks and balances prevent tyranny in government, although that principle is not referenced or linked to the statement.

D is Incorrect- Separation of powers permits shared government authority, although that principle is not referenced or linked to the statement.

Front

Based on the excerpts from the Magna Carta and the Declaration of Independence, which principle influenced the Founders’ understanding of a society that operates under the rule of law? Options: A society that has fair elections, A society that has fair procedures, A society that allows for self-government, A society that allows for republican government.

Back

A society that has fair procedures.

Answer explanation

The excerpt from the Magna Carta describes a society that operates under the rule of law by establishing due process of law. The Declaration describes the abolition of the rule of law under King George III.

A is Incorrect- While fair elections are an important principle of democratic government and rely on fair procedures, the excerpts in this case do not focus on fair elections.

C is Incorrect- Self-government is a core principle of the Declaration of Independence, but it is not an element of these excerpts.

D is Incorrect- Republicanism refers to a form of government, but is not the only form where the rule of law is a principle of society.