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…

This report outlines the case for an education amendment to the US Constitution to reduce radical disparities in the allocation of resources and funds for the education of the nation's public school students. The report argues that an education amendment is the best way to fundamentally reform the "structural arrangements" that are…

Discusses the complexity of the Constitutional separation of church and state. Citing specific cases, argues against strict separation on the grounds that the Supreme Court has, historically, managed to accommodate the separationist approach without inhibiting any religion. Advocates tuition vouchers for parochial school students as a way of…

The cases of Henry Garnett and Moses Honner bookend the 1850s, a decade of intensifying political crisis that was deeply connected to the institution of slavery. In both court actions, which were tried in the Third Circuit Court, Eastern District, Philadelphia, Pennsylvania, the defendants were charged with being "fugitives from labor."…

This booklet discusses the workings of the federal courts and supports six law-related lesson plans. It is divided into the following sections: "The Constitution and the Federal Judiciary"; "The Federal Courts in American Government" ("The Federal Courts and Congress"; "The Federal Courts and the Executive…

When Congress adopted the First Amendment to the U.S. Constitution in 1789, it left open many questions that would arise concerning church-state relations. It became clear early in the history of the country that the Supreme Court would have a great impact on how the First Amendment would be upheld and interpreted. This book examines how Congress…

The goal of this mock trial is to dramatize the Federalists' struggle to strengthen their control over the judicial branch of the U.S. government after losing the Presidency and Congress in the 1800 election. This mock trial reveals the personalities of key historical figures, such as Jefferson, Madison, and Marshall and distinguishes how they…

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…

Though the framers of the United States Constitution recognized the value of an independent judicial system, they knew that to provide justice the courts must have some accountability to the government. They knew that the system must be transparent to the public. Though the basic framework of checks and balances in the U.S. Constitution clearly…

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…

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…