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The Rule of Law

60 min

Lesson Components

Abraham Lincoln’s First Inaugural Address, March 4, 1861

Guiding Questions

  • What is the rule of law?
  • What are the roles and responsibilities of the government and citizens to ensure the rule of law is just?

Objectives

  • Participate in a simulation game and discuss the necessity for rules.
  • Reflect on your own ideas regarding existing rules and determine the importance of having rules for living with others in a healthy society.
  • Collaborate and compromise on laws or rules that have been accepted by the majority and discuss possibilities for respecting the opinion of the minority.

Resources

Anticipate

  • Students will engage in a puzzle-solving game in which they must figure out the hidden rules to successfully complete a task. This activity promotes critical thinking, cooperation, and discussions about the role of rules in various settings.
  • Divide the class into small groups of 4-5 students.
  • Explain to the students that they will participate in a puzzle-solving activity with hidden rules they need to uncover to complete the task successfully.
  • Game Instructions:
    • Each group receives an identical puzzle set. You can use your own simple jigsaw puzzle or a set of shapes to form a specific pattern.
    • The goal is to complete the puzzle or form the pattern, but there are hidden rules that dictate how they can interact with the puzzle pieces.
    • Only the teacher knows the rules, and the students must figure them out as they proceed.
    • If a group breaks a rule, they must pause for 30 seconds before continuing.
    • Game Rules: Below is a list of the rules. Remember not to share these rules with the students before or during the game.
    • Only one person can touch the puzzle pieces at a time.
    • Students with long sleeves must roll them up before touching the pieces.
    • The pieces must be placed using only one hand.
    • Students cannot speak while placing the pieces.
    • Play the game for 5-10 minutes.
  • Once the game ends, discuss the following questions as a class.
  • What did you think about the game? Was it good? Bad? Fair?
  • How did you know that there were some rules?
  • Share the list of rules with the students, and ask How did you feel about not knowing what the rules were?

Engage

  • Ask students, “Why is having rules or laws important for a functioning society?”
  • Accept different answers from students (for example, the law helps keep society orderly, settle disputes among people, prevent injustices, or protect individual rights).
  • Share the definition of the rule of law: Government and citizens all abide by the same laws regardless of political power. Those laws must be stable and justly applied.
  • Inform students they can learn a lot about a society through its laws.
  • For example, one of the earliest civilizations, Mesopotamia, was ruled by King Hammurabi and his code of laws. King Hammurabi reigned as the Babylonian king from approximately 1792 to 1750 B.C. He is most renowned for instituting the Code of Hammurabi, which stands as one of the earliest and most comprehensive written legal codes known in recorded history. This code was a pioneering effort to establish order and regulate the various aspects of life in Mesopotamian society.
  • The Code of Hammurabi was famously etched onto a stele, a large stone monument, which was publicly displayed. Comprising 282 laws, this code covered many aspects of daily life, including commerce, property rights, familial relationships, and criminal justice. A notable feature of this legal compilation is the principle of “lex talionis,” or the law of retaliation, encapsulated by the saying “an eye for an eye, a tooth for a tooth.”
  • Ask students to think about “lex talionis.” How would this retaliatory system of law work in the game they played at the beginning of class? How would it work at school, in their community, or as the law of the land in the United States?
  • Additionally, social hierarchy profoundly influenced how laws were enforced in the Code of Hammurabi. This hierarchy dictated the application and severity of legal penalties based on the social status of both the offender and the victim. For example, if a member of the upper class (such as a noble) were injured by someone of a lower class, the punishment for the offender was severe. Conversely, if a member of the upper class harmed a lower-class individual, the penalty was often less harsh and might end with only a small fine. This disparity in penalties highlights a system where justice was not blind to social status.
  • Ask students to think about how social hierarchy fits in with this rule of law. Is this type of hierarchy within the law just or unjust? Explain.

Explore

  • Divide the class into small groups. It is assumed the class is studying the Constitution. If students need more background knowledge, a list of resources is included in this lesson. Each group should select part of the Constitution that they want to change. In their groups, they should brainstorm changes to reformulate their specific part of the Constitution.
  • Once the group is finished, they will present their new amendment to the class. The rest of the class will vote on the reformulated amendment. Students may vote to accept, refuse, or abstain.
  • If a new or edited amendment is not accepted by the majority, it should be re-discussed until a compromise is reached. Students should discuss ways to integrate the opinions of the minority.

Access & Reflect

  • Toward the end of class, ask students to reflect on the following prompts in their journals.
  • Using one of the amendments created in class, what are individual citizens’ roles and responsibilities to ensure this law is stable and justly applied?
  • American society is rooted upon the founding principle of equality. How can we use the civic virtues of justice and moderation to make sure the rule of law works in a way that keeps everyone equal?
  • Reminder:
    • Equality: All individuals have the same claim as human beings to natural rights and treatment under the law.
    • Rule of law: Government and citizens all abide by the same laws regardless of political power. Those laws must be stable and justly applied.
    • Justice: Upholding of what is fair and right. Respecting the rights and dignity of all.
    • Moderation: The avoidance of excess or extremes.

Student Handouts

Abraham Lincoln’s First Inaugural Address, March 4, 1861

Next Lesson

Judicial Review