1. Rule of Law: Generality
Should we allow any exceptions?
Age
Gender
Race
Religion
Income level--Taxes
For instance, people choose to become drivers and then submit themselves to pre-existing traffic laws.
Changing a zoning law violates generality; grandfathering preserves it.

2. Rule of Law: Publicity
The people must know what the laws are and must know that they will be consistently enforced.
Publicity includes prospectivity, since one cannot know of laws from the future.
If authorities enforce laws in a random way, people more likely to violate. This starts to undermine law’s power to preserve liberty. Too much chaos.
Prospectivity: Can’t just pass law to get someone for past action.
If we change the requirements of your major before you’re done, this violates publicity (in particular, prospectivity). Any changes should only apply to future majors.
Speed limit has to be clearly posted.

3. Rule of Law: Due Process
Laws must be administered impartially. The determination of guilt and the imposition of the penalty must be done without bias.
Do rich get special treatment?
Can’t remove law just because it violates rule of law. Courts don’t recognize this. They look at constitutionality.
In US, rule of law violated sometimes. In other countries, it’s violated all the time.

4. Rule of Law: Due Process
Sixth Amendment provides details on due process
Speedy, public trial
Impartial jury
Notice of accusation
Confront witnesses against oneself
Compel witnesses to testify in favor
Assistance of Counsel
Do rich get special treatment?
Can’t remove law just because it violates rule of law. Courts don’t recognize this. They look at constitutionality.
In US, rule of law violated sometimes. In other countries, it’s violated all the time.

5. Video: Hilton Head, SC
Did the Hilton Head authorities violate any rule of law principles?
If so, which?

6. Video: Iraqis Vote
Which rule of law principle does this video illustrate?

7. Video: Colbert Joins the Army
Is Colbert a victim of the rule of law being violated?

8. Video: John Adams
Upon what rule of law principle does John Adams risk his career?

9. iClicker Question
On the day of the big BYU-Utah football game in Salt Lake City, police are only pulling over and giving tickets to cars with BYU stickers. Which rule of law principle does his violate? A. Generality B. Publicity C. Consent D. Due Process

10. iClicker Question
Megan’s Law was signed May 17, It requires individuals who have been convicted of sex crimes against children to register with their states. Offenders who were convicted before Megan’s Law feel that they should not have to register. They would most likely claim that Megan’s Law violates which principle of the rule of law? A. Consent B. Generality C. Publicity D. Due Process

12. Locke on the Rule of Law
“Freedom is this: Freedom of men under government to have a standing rule to live by, common to everyone in that society and made by the legislative power erected in it, a liberty to follow my own will in all things where the rule proscribes not, and not to be subjected to the inconstant, uncertain, unknown, arbitrary will of another man.”
As early as ancient Greeks, people had argued for the supremacy of law. Solon, an Athenian ruler, said that an orderly state is created when people obey the rulers, and rulers obey the law.

13. Rule of Law Needed but Not Sufficient
The rule of law alone may not prevent bad leaders from destroying the rule of law and imposing tyranny.
Two other key elements work with the rule of law to secure liberty: clever political structure and virtue.

14. Structure: Checks and Balances
Even after the Glorious Revolution, the Whigs wondered: Could corruption still overtake the government and undermine liberty?
Aristotle convinced the Whigs that structure could curtail the misuse of power.
In particular, mixing power in a balanced way among rivals—checks and balances—could prevent any one group from getting too much power.

15. Structure: Checks and Balances
Such structure emerged in the British system.
The House of Lords, the House of Commons, the Kings, and the Courts all checked and balanced each other.
Montesquieu wrote eloquently in praise of British structure and heavily influenced the American Founders.
Still, he warned that constitutional monarchy, such as Britain had, could descend into despotism.

16. Virtue
If at least some of the politicians are not virtuous, power mixed with corruption can overcome both the rule of law and structure, and impose tyranny.
Whigs looked to commonwealthmen—rural gentry, away from the center of power—to provide the needed virtue.