Preserving the Rule of Law

1. Preserving the Rule of Law National Judicial Outreach Week March 5-11, 2017

3. What is the Rule of Law? In 1776, King George III ruled England and the American colonies. The laws that applied to the colonists did not apply to King George. As King, he was above the law. That was the Rule of a King, the Rule of a man. G1

4. Our Government is . . . “a government of laws, not of men.” John Adams, 1774 G1

5. What is the Rule of Law? No one is “above” the law. The Law G1

6. What is Dictatorship? Powerful individuals & groups are “above” the law. The Law G1

7. The Law Everyone is subject to the law. G1

8. Where do our laws come from? Constitutions G2

9. Where do our laws come from? Statutes Legislatures G2

10. Where do our laws come from? Administrative Regulations Executive Agencies G2

11. Where do our laws come from? Court Rules & Decisions Courts G2

12. How does America ensure that its laws apply to everyone? G4

13. Equal Justice Under Law G4

14. The Law Everyone has the right to equal justice under the law. G4

15. The Law Would it be OK if . . . ? a judge often tells jokes that disparage people of a certain ethnic heritage? G5

16. The Law Would it be OK if . . . ? a judge always rules in favor of patients who sue doctors? G5

17. The Law Would it be OK if . . . ? a judge decides a case for a party because that party is a state legislator? G5

18. The Law Would it be OK if . . . ? a judge decides a case for a party because that party is also a judge? G5

19. The Law Would it be OK if . . . ? a judge decides a case for a party because that party donated money to the judge’s favorite charity? G5

20. The Law Would it be OK if . . . ? a man illegally trespassed on private property and put up a protest sign that criticized the owner of the property . . . and the judge ruled in favor of the man because the judge agreed with him? G5

21. The Law Everyone has the right to fair & impartial procedures. Notice Timely, orderly & public process Right to counsel Opportunity to be heard Right to call witnesses Right to confront witnesses Right to appeal G6

22. The Law Would it be OK if . . . ? a judge decides a case based on letters to the editor or a newspaper editorial about the issues in the case? G6

23. The Law Would it be OK if . . . ? a judge decides a case against a party because demonstrators outside the courthouse are against that party’s position in the case? G6

24. The Law Would it be OK if . . . ? a judge decides a case for a party because a public poll says public opinion favors that party’s position? G6

25. The Law Would it be OK if . . . ? a governor makes a speech about how a case should be decided, the judge decides the case to gain favor with the governor? G6

26. The Law Would it be OK if . . . ? a judge decides a case for one party because it would help the judge get retained in office or re-elected? G6

27. What would it be like if . . .? Powerful individuals & groups were “above the law?” ••• those individuals & groups created laws that required courts to decide cases based on a party’s Party affiliation Home address Health & fitness Loyalty oath Race Ethnicity Country of origin Religion G6

28. So what is the Rule of Law? No one is “above the law. The Law G7

29. How do we ensure that our government is … a government of laws, not of men? G7

30. In our courts … • Everyone is subject to the law. • Everyone has the right to equal justice under the law. • Everyone has the right to fair & impartial procedures. G7

31. Fair & impartial courts ensure that the laws apply to everyone and that no one is above the law. G7

32. Preserving fair & impartial courts preserves The Rule of Law G7