Debates about flag desecration present sensitive issues. This opinion paper examines the defeat of the flag burning amendment to the U.S. Constitution, which would have read "The Congress and the States shall have power to prohibit the physical desecration of the flag of the United States." The most talked about points in the…

"The Federalist" should be understood as a document with three purposes. It is: a campaign document designed to win popular support for the proposed Constitution; a serious work of political thought, analyzing the nature of free societies; and the authoritative commentary on the Constitution. This guide is intended to help readers of…

Minutes of a hearing of the Senate Subcommittee on the Constitution are presented, beginning with opening statements from four United States senators (Hatch, Grassley, Thurmond, DeConcini) concerning the significance of the United States Constitution and its doctrine of the diffusion of powers. The core of the minutes includes the prepared…

The programmatic structure and modes of implementation of U.S. social provisions must be understood in order to gain insight into social programs in the United States. National standards have not been established for public benefits and "social security" has remained firmly separated, both institutionally and symbolically, from…

This bibliography focuses on the origins and development of the United States Constitution. This single bibliography is organized into two versions: (1) The Abbreviated Bibliography provides a long catalog of some major sources for a basic understanding of the events and ideas of the writing and ratification of the Constitution; and (2) the…

James Madison's thoughts on various interpretations of the Constitution maintain that public opinion is the ultimate method of legitimizing the document. The Constitution must prevail against mere public opinion, but public opinion may be used to establish the meaning of the Constitution when conflicting interpretations exist. The public good and…

Reviews the Bills of Rights' creation and rationale. Discusses the Fourth and Fourteenth amendments and analyzes their current status. Emphasizes the Supreme Court's interpretive role. Argues that reliance on the courts will eventually result in legal interpretations that reflect dominant national opinion. Urges greater citizen responsibility for…

This paper is a chronologically-organized narrative history of law-related education (LRE) in the United States. The paper begins by delineating the differences between LRE and citizenship education and describing the motivations for the creation of LRE programs in the early 1960s. Turning to the analysis of LRE, the paper argues that there have…

This article surveys the constitutionality of state aid to private sectarian higher education under the First Amendment. A typology for constitutional aid programs is devised to scrutinize selected state programs for constitutional compliance. (TE)

Interpretation of the establishment clause of the Constitution and its application to statutes challenged by the United States Supreme Court has followed two distinct paths--one embracing the principle of separation of church and state, the other stressing the importance of accommodation between them. Both legal trends are discussed. (TE)

Testimony concerning the Supreme Court decisions in the case of Grove City College v. Bell (1984) is presented in this document. The Courts ruling that Federal aid to a student constitutes funding only of the college's student air program, nor the entire institution, reflected the more persuasive reading of the Title IX Education Amendments,…

This document reviews the results of a study of five Ohio Supreme Court cases concerning the equalization of property assessments among the various classes of real property: commercial, industrial, residential, and agricultural. Each of the decisions--occurring between 1964 and 1980, and involving the Park Investment Company--is briefly summarized…

This article examines the interrelated legal and scientific nature of the creationism controversy. It discusses "McLean vs. Arkansas Board of Education" and analyzes current tactics used by creationists, concluding that they are constitutionally impermissible. An approach is proposed that balances First Amendment interests with the need…

This paper discusses the distinction between the Constitution and constitutional law. The Constitution is the fundamental law of the United States. It creates the institutions of government, enumerates the powers of these institutions, and delineates areas government may not enter. The Constitution is the instrument by which the consent of the…

Reviewing literature on educational finance and law, this paper analyzes the rationale for the recent school finance reform movement and recounts the movement's progress from 1965 to 1979. An overview of the problem discusses state equalization programs' ability to provide financial equity and the relationship of financial equity to equal…