AP Rule of Law, Consent of Gov, Social Contract

Rule of Law

  • Definition: The principle that the laws of a nation ought to be publicly established and apply to everyone equally.
  • Public Establishment of Laws:
    • Laws must be recorded by the authorities that create them.
    • Laws must be accessible to the people governed by them.
  • Equal Application of Laws:
    • The nation's laws, not the nation's leaders, are the highest authority.
    • Laws should not be selectively enforced based on wealth, race, gender, etc.
  • Historical applications:
    • Code of Hammurabi
    • Ten Commandments
    • U.S. Constitution
  • Notable quotation supporting public law over power:
    • "CEASE QUOTING LAWS TO MEN WHO CARRY SWORDS!" — Pompey, Roman general and politician
  • Class discussion prompts:
    • How does the phrase "no one is above the law" demonstrate the principle of Rule of Law?
    • How does Rule of Law demonstrate the Biblical principle of redemption?

Consent of the Governed

  • Definition: The principle that a government's legitimacy is based on the consent of the people it governs over.
  • Government Legitimacy: The right to rule and exercise power.
  • Consent of the people: the people's agreement to be ruled over by the current leaders and Government structure.
  • Historical applications:
    • Athenian Democracy
    • U.S. Elections
  • Text reference to popular sovereignty: "We the People" … ordain and establish this Constitution (We the People of the United States, in order to form a more perfect Union, establish justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution.)
  • AP exam context: Also called Popular Sovereignty
  • Cultural and rhetorical references illustrating legitimacy:
    • "I am your king" (divine/right authority theme)
    • Monty Python’s parodies of traditional sovereignty:
    • "Listen, strange women lying in ponds distributing swords is no basis for a system of government"
    • "Supreme executive power derives from a mandate from the masses, not from some farcical aquatic ceremony." (Monty Python references)
  • The difficult question of consent:
    • How do we know the people have consented to be governed by their current leaders and system?
    • Tacit vs. Active Consent of the Governed.
    • Every current government whose people aren't revolting against it, by definition, has tacit consent.
    • Only governments with frequent and fair elections can truly claim active consent.
    • Democracies and Republics are based on active consent of the governed.
    • Participatory democracy in action!
  • Class discussion prompts:
    • Can a nation have "active consent of the governed" without unanimous consent? Why or why not?

Social Contract Theory

  • Definition: The idea that governments are formed through an agreement or "contract" between the people and their rulers.
  • The Enlightenment philosophers who developed Social Contract Theory debated:
    • What life was like before government (the State of Nature)
    • Why people create governments and how much power governments should have
  • Key figures and contrasts:
    • Thomas Hobbes: State of Nature is a constant war; people give the government almost unlimited power to terrify and restrain violent tendencies.
    • Jean-Jacques Rousseau: State of Nature is peaceful but isolating; people give the government very limited power to create society and allow connection.
    • John Locke: (American influence) Humans have Natural Rights; governments are formed to protect Life, Liberty, and Property; government power is limited by this purpose.
  • Note: Hobbes, Rousseau, and Locke had different views; their ideas influenced political philosophy, but Hobbes and Rousseau were not the primary ideological roots of the American Revolution.
  • Visuals referenced: images of Hobbes, Rousseau, Locke used to illustrate ideas (not reproduced here).

Social Contract Theory in America

  • John Locke’s influence: Locke’s ideas helped shape the American Revolution and the new U.S. Government.
  • Natural Rights (Locke): Life, Liberty, and Property; in the State of Nature, people are free but cannot effectively protect these rights.
  • Purpose of government (Locke/American version): People form governments and grant limited power to protect natural rights.
  • Social Contract Theory (American Version): The people created the U.S. government through an agreement to be governed by leaders who will protect the people’s rights.
  • The U.S. Constitution and the Bill of Rights codify a system where government power is limited and rights are protected as a function of the social contract.
  • 5th Amendment (illustrative constitutional text):
    • No person shall be deprived of life, liberty, or property, without due process of law;
    • nor shall private property be taken for public use, without just compensation.
  • Natural Rights as a cornerstone of American values: The protection of individual rights is foundational to the American constitutional order.
  • John Locke’s influence highlighted as foundational for limited government in the American context.

Social Contract Theory in YA Literature

  • The Ballad of Songbirds and Snakes (reflects Hobbesian themes):
    • Leviathan (1651) quote about life without a common power leading to war; connects to the necessity of a governing authority to restrain violence.
  • Lord of the Flies (Golding):
    • Characters (Ralph, Piggy, Jack, Simon) illustrate the fragility of social order and the pull toward chaos in absence of a common authority.
    • Notable line: "Maybe there is a beast… maybe it's only us" (reflects Rousseau/Hobbes tensions about human nature and society).
  • The Hunger Games (Coriolanus Snow and the dystopia):
    • Uses modern narrative to explore power, legitimacy, and the social contract under a centralized regime.
  • John Locke ( Quote):
    • "The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions…" (Second Treatise of Government, 1689)
  • Jean-Jacques Rousseau (Quote):
    • "Man is born free; and everywhere he is in chains." (The Social Contract, 1762)
  • Thematic takeaways from literature:
    • The tension between natural rights, order, and legitimate authority.
    • The recurring demonstration that societies require agreed-upon norms and authorities to maintain peace and protect rights.
  • Pop culture reference: The Hunger Games universe, and the inclusion of Coriolanus Snow as a critique of rule-by-elite legitimacy.

Class Discussion

  • Prompt: How does Social Contract Theory affect the way Americans view their government today?
  • Takeaways:
    • Legitimacy derives from consent and the protection of rights, not divine right or coercive force.
    • Elections, representation, and accountability are concrete mechanisms of the social contract in the United States.
    • The balance between order and liberty reflects ongoing debates about the proper scope of government power.

Open Ended Question

  • Prompt: Explain how social contract theory (The American Version) upholds the concepts of "Rule of Law" and "Consent of the Governed." (at least 3 sentences)
  • Sample answer:
    • In the American version of the social contract, the Rule of Law is realized through a framework where laws are publicly established, apply equally to all, and are supreme over political leaders, as codified in the Constitution and Bill of Rights. The government’s legitimacy rests on the consent of the governed, expressed through regular, free, and fair elections and ongoing accountability mechanisms; active consent is demonstrated when leaders are chosen to protect natural rights and are removable if they fail to do so. Together, these elements ensure that authority derives from the people and operates under a predictable legal structure that protects Life, Liberty, and Property (or broader rights) for all citizens, rather than from arbitrary power.

Connections and Implications

  • Foundational principles:
    • Rule of Law ensures equal treatment and prevents arbitrary rule.
    • Consent of the Governed links legitimacy to the people’s approval via elections and participation.
    • Social Contract Theory provides the philosophical justification for the existence and limits of government power.
  • Real-world relevance:
    • Democratic processes (elections, transparency, due process) are practical manifestations of tacit or active consent.
    • Legal protections (due process, property rights) reflect Locke’s natural rights framework within the U.S. constitutional order.
  • Ethical and practical considerations:
    • Balancing security and liberty; ensuring laws are accessible and fair; preventing the abuse of power.
    • Recognizing that consent can be tacit when there is no widespread revolt, but active consent is achieved through meaningful elections and governance that protects rights.