GOVT 345 Final Exam
Five Principles of the Rule of Law Correct Answer: 1. Government must operate under Law
2. Government must regulate society through a system of general and authoritative rules
3. Those rules should give fair warning
4. All individuals must receive Due Process (a fair chance to defend themselves)
5.Sovereign people ought to establish constitutional government and abide by its rules
Principles of Fair Warning Correct Answer: --Made public
--Reasonably clear and specific in what they proscribe
--In force for a reasonable time
--Only applied prospectively
--Applied impartially
--Possible to comply with
--Enacted in accordance with legal rules
Government Under Law Correct Answer: --Government may not exercise power in arbitrary manner
--Goal of the citizenry is to "constrain and regulate power of government so as to prevent it from doing
whatever it pleases"
Government by Generally Applicable Rules Correct Answer: Government must regulate society through
a system of general and authoritative rules
--No crime w/o specific provision against action
--No person may be punished unless he has violated the law and the punishment must be limited to that
which is prescribed in the law
--idea of generality
Goal of the Rule of Law Correct Answer: Not to promote the interests of some people at the expense of
others, but to protect everyone without any distinction whatsoever
Idea of Generality Correct Answer: Laws must not contain proper names but rather apply to general
classes of individuals
Due Process in The United States Correct Answer: --Freedom from unreasonable searches and seizures
--Freedom from Double Jeopardy
--Freedom from Self-Incrimination
--The right to a speedy and public trial by an impartial jury
--The right to be told of the crime being charged
--The right to cross-examine witnesses
, --The right to be represented by an attorney
--Freedom from Cruel and Unusual Punishment
--The right to demand that the state prove any charges Beyond a Reasonable Doubt.
John Locke on legitimate government Correct Answer: --Legitimacy of government is based on consent
of the people
--A government which violates this trust loses legitimacy and the people are entitled to reconstitute it
--There is a "natural right" to armed resistance against tyranny (requires right to keep and bear arms)
--In short, Locke institutionalized the right to rebellion.
Thomas Hobbes Correct Answer: Impossible to establish rule of law and dangerous to try
Encourages people to rebel against authority when misled by rabble
Individuals can only be bound by rules if there is someone else to whom they owe allegiance
Claims that reliance on religion and morals causes wars
Immanuel Kant Correct Answer: Rule of law is possible
Yet, humans possess a strong inclination to exempt themselves from their own rules
This inclination can be largely overcome by a republican form of government with a separation of
powers
His thinking influenced the Founders
Rule of Law (Definition) Correct Answer: Governmental authority exercised in accordance with written,
publicly disclosed laws adopted and enforced in accordance with established procedural steps (due
process)
Dicey's Characteristics of the Rule of Law Correct Answer: 1. Supremacy of law—everyone is subject to
the law
2. Law is based on set, known procedures
3. Very limited discretionary power
4. Judicial precedent
5. Common law methodology
6. Prospective legislation only
7. Separation of powers
8. Checks and balances
9. Underlying moral basis accepted by majority
Four Elements of Morality Correct Answer: 1) Moral rules-obligate us to act in certain ways: to keep
promises, to refrain from murder
2) Conduct above and beyond the call of duty
Five Principles of the Rule of Law Correct Answer: 1. Government must operate under Law
2. Government must regulate society through a system of general and authoritative rules
3. Those rules should give fair warning
4. All individuals must receive Due Process (a fair chance to defend themselves)
5.Sovereign people ought to establish constitutional government and abide by its rules
Principles of Fair Warning Correct Answer: --Made public
--Reasonably clear and specific in what they proscribe
--In force for a reasonable time
--Only applied prospectively
--Applied impartially
--Possible to comply with
--Enacted in accordance with legal rules
Government Under Law Correct Answer: --Government may not exercise power in arbitrary manner
--Goal of the citizenry is to "constrain and regulate power of government so as to prevent it from doing
whatever it pleases"
Government by Generally Applicable Rules Correct Answer: Government must regulate society through
a system of general and authoritative rules
--No crime w/o specific provision against action
--No person may be punished unless he has violated the law and the punishment must be limited to that
which is prescribed in the law
--idea of generality
Goal of the Rule of Law Correct Answer: Not to promote the interests of some people at the expense of
others, but to protect everyone without any distinction whatsoever
Idea of Generality Correct Answer: Laws must not contain proper names but rather apply to general
classes of individuals
Due Process in The United States Correct Answer: --Freedom from unreasonable searches and seizures
--Freedom from Double Jeopardy
--Freedom from Self-Incrimination
--The right to a speedy and public trial by an impartial jury
--The right to be told of the crime being charged
--The right to cross-examine witnesses
, --The right to be represented by an attorney
--Freedom from Cruel and Unusual Punishment
--The right to demand that the state prove any charges Beyond a Reasonable Doubt.
John Locke on legitimate government Correct Answer: --Legitimacy of government is based on consent
of the people
--A government which violates this trust loses legitimacy and the people are entitled to reconstitute it
--There is a "natural right" to armed resistance against tyranny (requires right to keep and bear arms)
--In short, Locke institutionalized the right to rebellion.
Thomas Hobbes Correct Answer: Impossible to establish rule of law and dangerous to try
Encourages people to rebel against authority when misled by rabble
Individuals can only be bound by rules if there is someone else to whom they owe allegiance
Claims that reliance on religion and morals causes wars
Immanuel Kant Correct Answer: Rule of law is possible
Yet, humans possess a strong inclination to exempt themselves from their own rules
This inclination can be largely overcome by a republican form of government with a separation of
powers
His thinking influenced the Founders
Rule of Law (Definition) Correct Answer: Governmental authority exercised in accordance with written,
publicly disclosed laws adopted and enforced in accordance with established procedural steps (due
process)
Dicey's Characteristics of the Rule of Law Correct Answer: 1. Supremacy of law—everyone is subject to
the law
2. Law is based on set, known procedures
3. Very limited discretionary power
4. Judicial precedent
5. Common law methodology
6. Prospective legislation only
7. Separation of powers
8. Checks and balances
9. Underlying moral basis accepted by majority
Four Elements of Morality Correct Answer: 1) Moral rules-obligate us to act in certain ways: to keep
promises, to refrain from murder
2) Conduct above and beyond the call of duty
