What is the 'Supremacy Clause' in Article VI of the U.S. Constitution?
It establishes that the Constitution, federal laws, and treaties are the "supreme Law of the Land," meaning all state laws and actions of government officials must conform to them. This anchors the rule of law.
How does the principle of 'separation of powers' support the rule of law?
By dividing governmental power among three branches (legislative, executive, judicial), it prevents the concentration of power in any single entity, thus reducing the risk of tyranny and arbitrary rule.
How do 'checks and balances' reinforce the rule of law?
Checks and balances give each branch of government ways to limit the power of the other branches, ensuring that all branches remain accountable and operate within the bounds of the law.
Give an example of a 'check' the legislative branch has on the executive branch.
The legislative branch (Congress) can override a presidential veto, must confirm presidential appointments, and has the power of impeachment.
What is 'judicial review' and how does it uphold the rule of law?
Judicial review is the power of the courts to declare laws or government actions unconstitutional. It ensures that the legislative and executive branches are acting in accordance with the Constitution, the supreme law.
Which landmark Supreme Court case established the principle of judicial review?
Marbury v. Madison in 1803. Chief Justice John Marshall argued that the Supreme Court has the authority to review acts of Congress and determine whether they are constitutional.
Why is an 'independent judiciary' essential for the rule of law?
An independent judiciary ensures that judges can make rulings based on the law and facts, free from political pressure or influence from other branches of government. This is crucial for impartial justice.
What is 'due process of law' and where is it guaranteed in the Constitution?
Due process is the legal requirement that the state must respect all legal rights owed to a person. It is guaranteed in the Fifth Amendment (for the federal government) and the Fourteenth Amendment (for the states).
How does the Bill of Rights (the first 10 amendments) reinforce the rule of law?
It explicitly lists fundamental rights and freedoms (speech, religion, fair trial) that the government is legally forbidden from infringing upon, limiting the power of the state over the individual.
What is a 'writ of habeas corpus' and how does it relate to the rule of law?
It is a court order demanding that a public official (like a warden) deliver an imprisoned individual to the court and show a valid reason for that person's detention. It prevents unlawful, arbitrary imprisonment.
What are 'ex post facto' laws and why does the Constitution prohibit them?
An 'ex post facto' law is a law that retroactively makes an action a criminal offense. The Constitution prohibits them to ensure legal predictability—you can't be punished for an act that was legal when you did it.
What is a 'bill of attainder' and why is it prohibited?
A bill of attainder is a legislative act that declares a person or group guilty of a crime and punishes them without a trial. It is prohibited because it violates the separation of powers and the right to a fair trial.
