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…

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 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…

Using recent establishment clause decisions concerning vocal prayer, silent meditation, and prayer groups in the public schools, this article suggests that courts have applied the seemingly consistent doctrine of the tripartite test to arrive at quite different results, based in part on extralegal sources. Two such sources are the attitudinal…

Amendment 59 to the Arkansas Constitution established three kinds of taxable property (real, personal, and utility) and prescribed different reassessment and millage rollbacks for each. This has led to a lack of revenue growth from any source except real property. Because more funds are needed to implement new state standards in the schools, 12…

Supports research that says females develop a sense of empathy and justice that males do not. Argues that, as a result, women are better to understand and appreciate the multicultural composition of the United States. Suggests using oral histories and role playing to "interview" women on historical periods and topics. (CFR)

Presents R. Scarce's account of his jailing for refusal to divulge to the authorities information gathered for his doctoral research. Revealing the information would have been a violation of the American Sociological Association's Code of Ethics. Concludes with 13 concerns and suggestions for protecting scholarly research from legal intrusion.…

This book examines the role of religion in U.S. education. The book argues that public schools and universities must take religion seriously. Written from the perspective of a philosopher and generalist, the volume asserts that people need to have a better understanding of the deep assumptions that shape their thinking about religion and education…

This paper argues that courts have tended to identify and enforce individual rights at the expense, in many instances, of the ability of school boards and legislatures to carry out what they perceive to be the will of the majority of voters in their jurisdictions. The trend emphasizing individual rights began in 1954 with the Supreme Court…

Recounts an incident where a sociologist heard stories challenging violations concerning toxic chemicals. Lawyers advised that corroborating these stories would obligate the sociologist to inform the authorities, thereby jeopardizing his sources. Discusses the ineffectuality of the American Sociological Associations' code of ethics and legal…