In planning a freshman undergraduate curriculum with colleagues recently, the question arose as to what type of understanding educators wanted to impart to their students about the Constitution. The alleged defects of the Constitution that these books point to are wide-ranging and can be classified into various categories. Some problems--such as…

The last 50 years have seen a massive increase in the federal role in public education in the United States and a marked increase in the tension between the federal government and the states with respect to control over education. This article investigates the history of education in America, particularly with respect to federal versus state…

The Northwest Ordinance of 1787 is a fundamental document in the development of the United States. It is outranked in importance only by the Declaration of Independence and the Constitution. The immediate purpose of the Northwest Ordinance was to provide government for the largely unsettled lands north and west of the Ohio River. In promising…

Diversity in American constitutional law refers to differences among the laws of the states. However, key phrases in the Constitution have been used to ensure individual rights. The expansion of those rights has led to conflict between community needs and those of the individual, with each side referring to the Constitution for support. (PS)

Discusses the dilemma faced by constitutionalism today: limited, constitutional government requires that people and society be independent and distrustful of the state, but if the people are too independent and capable of ruling, they may wish to extend their powers and attempt to rule over others. (PS)

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…

Reports on the work of Amherst College historian Robert A. Gross, a leading expert on the topic of Shays' Rebellion. Includes a collection of insights Dr. Gross has developed concerning the rebellion's meaning and its impact on the United States Constitution. (JDH)

Discusses traditional concepts of tradition, religion, commerce, and family life. Points out innovative philosophies held by the Founding Fathers which shaped the Constitution. The subsequent moral revolution needs to be reconsidered in light of the Founding Fathers' intent. (PS)

The goal of the Hearst survey was to measure the public's knowledge of the U.S. Constitution. This report is divided into three sections: (1) a report on the survey in the form of an address to the National Conference of Bar Presidents; (2) the survey findings; and (3) the survey methodology. The survey itself, in which 1,004 respondents were…

Discusses the changes in American thinking and tolerance between the founding of the Massachusetts Bay Colony and the writing of the Constitution. Concludes that the right to pursue happiness allows everyone to personally define happiness. The government that secures that right will leave people alone to do as they wish. (PS)

Questions whether the American constitutional order is capable of accommodating an equal citizenship for Blacks. Maintains that the inequality of condition that Black Americans endure is rooted in social as much as in legal practice. Improving the situation requires individual accountability on the part of Blacks. (PS)

Voluntary efforts to promote racial integration in K-12 schools have met strong resistance from the courts in recent years, despite the long history of court involvement in desegregation litigation. Race-conscious policies have invoked both the integration ideals stemming from Brown v. Board of Education and the diversity rationale in higher…

Race-conscious affirmative action programs in higher education are subject to strict scrutiny, which is the highest standard of review used by the courts to evaluate a policy's constitutionality. The courts employ a two-part test, examining whether the policy serves a compelling governmental interest (the underlying goal of the policy must be…

The disestablishment of religion in our constitutional order has encouraged an extraordinary proliferation of religious sects and religious doctrines that has made sectarian repression seem impractical. Discusses advantages and disadvantages of this trend for the nation. (PS)

Most educational institutions must meet strict legal requirements when considering race in admissions, financial aid, student assignment, and other policy decisions. Based on U.S. Supreme Court rulings, both the Equal Protection Clause and Title VI require that race-conscious policies be subject to "strict scrutiny." A court evaluates…