Writing & Discussion Prompts

"You don’t write because you want to say something, you write because you have something to say."
- F. Scott Fitzgerald

These questions should help both the teacher and visiting lawyer to engage students in a dialogue about the rule of law. Students could spend a few minutes at the start of class writing a response to one of the questions and then discuss the question with the lawyer and teacher. You may want to have students bring their own list of questions to class on the day of the visit.

  1. What do we lose if there were no courts, lawyers and judges?
  2. President Theodore Roosevelt wrote, "Ours is a government of liberty by, through, and under law. No man is above it and no man is below it." What did he mean? Do you think his comment is valid in today’s America?
  3. Someone once observed that freedom is a terrible burden. Explain the implications of this observation in the context of American democracy.
  4. Democracy is not a spectator sport. With this idea in mind, explain the phrase “self-renewing democracy" in the context of the rule of law.
  5. Why might we consider Virginia "ground zero" for thinking about and talking about the rule of law as it applies to American representative democracy?
  6. Explain how the rule of law resolves the conflict between gut and gratification vs. brain and balance?
  7. Which would you rather have, a fair society or a just society? Where does the rule of law fit into this conflict?
  8. In some cases the law seems to make no allowances for the “goodness” of the accused; it doesn’t seem to care if the individual is “a good person at heart.” Should the law care about the moral quality of the accused? Why or why not?
  9. Our nation has occasionally been led by administrations that “stretched” the boundaries of the rule of law and the Constitutional limitations of the federal government. How can the rule of law be enforced upon those leaders who might abuse their political power?
  10. Is there a difference between the rule of law (law based on Natural Law, i.e., “inalienable rights”) and the rule of laws (laws imposed by and subject to capricious change)?
  11. Why would anyone subject themselves to the law when doing so requires giving up individual freedom?
  12. “…democratic self-government is not the government ‘of each by himself’ but, at best,’ of each by the rest.’” What implications of this observation exist for modern pluralistic democracies and societies wishing to become democratic?
  13. What would happen if you awoke tomorrow and there were no judges, courts, or lawyers?
  14. Democracy is a “messy,” “unwieldy” political system. How would you counter this observation?
  15. “The rule of law cannot be about everything good people want from Government.” Do you agree or disagree with this statement? Justify your response.
  16. The rule of law guarantees equality and fairness to everyone, and yet we know that this isn’t always the case. Identify current events that illustrate this observation. What resources do we have in America to ensure that such cases are corrected and that the rule of law is enforced?
  17.  Suppose your school is assembling a student supreme court to help interpret school policies and student rules.  What would you say are the most important qualities for student judges serving on the court? (Answers might include: student at the school, grade level, minimum attendance record, minimum grade point average, good standing, involved in activities, judicious, fair, honest, smart, knowledge of school policies and student rules, responsible, trustworthy, follows school rules, or gets along with classmates.)
  18. Now, what would you say are the most important qualifications for lawyers and judges serving in our community?