Does the U.S. Constitution guarantee a right to education? The Supreme Court declared that it does not in "San Antonio Independent School District v. Rodriguez," a 1973 case alleging that disparities in spending levels among Texas school districts violated students' constitutional rights. This issue's forum contains two essays. The first…

After their dismal performance in election 2008, conservatives are taking stock. As they examine the causes that have driven them into the political wilderness and as they explore paths out, they should also take heart. After all, election 2008 shows that America's constitutional order is working as designed. Indeed, while sorting out their errors…

This September, Oxford University Press is publishing "Out of Range: Why the Constitution Can't End the Battle Over Guns." Written by Mark Tushnet, the William Nelson Cromwell Professor of Law at Harvard Law School, "Out of Range" explores competing interpretations of the Second Amendment and discusses how the entanglement of…

Judicial intervention in educational matters supplements the legislative actions of the Constitution in protecting the rights of children. (LH)

The problems of formulating a legal definition of religion as used in the U.S. Constitution may be traced through the Supreme Court's interpretation of the word. According to the U.S. Constitution, religious tests cannot be required for any office or public trust under the central government. The Bill of Rights states that the national government…

Examines four recent Supreme Court decisions. The decisions involve Miranda rights, alleged Fourth Amendment violations (good faith exception and vehicle searches), and the right to confront witnesses. (BSR)

In May 2005, university administrators were rudely awakened from their civic slumbers by a "notice of implementation" from the U.S. Department of Education. With little advance comment from the academy, Congress had passed and the President had signed into law a requirement that "each educational institution that receives Federal…

Judicial activism raises the question whether the people, through their elected representatives, should make decisions about social policy issues or whether these decisions will be made by appointed members of the federal judiciary. Through a series of judicial decisions, many basic social problems have become nationalized. Yet the U.S.…

Explains that in the 1780s the main political issue in the United States was a solution to problems which would make possible the creation of a great continental power and provide for the settlement and legal organization of the lands west of the Appalachians. Elaborates by explaining the ordinances of the 1780s which brought about this change.…

Examines the work of the framers of the U.S. Constitution in their efforts to improve upon the Articles of Confederation and yet limit the power of unbridled government. (JDH)

The author discusses what he sees as a decline of democratic values caused by the dominance of cultural relativism in the teaching of social studies for the last 50 years. (SK)

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…

An analysis of first amendment guarantees focuses on the federal government's power to regulate experiments, arguing that they do not merit the stringent level of first amendment protection offered by strict scrutiny or related standards. (Author/MSE)

This article examines the history and thinking of the Federalists and Anti-Federalists in order to explain the formation of the ideas which allow the U.S. Constitution to provide for an effective government without sacrificing vital individual liberties. (JDH)

In a speech given to judges, public officials, law teachers, lawyers, and students at the East China Institute of Politics and Law, Shanghai, the author discusses the U.S. Constitution. The U.S. Constitution made possible energetic government by majority rule, while also securing individual rights in their appropriate sphere. Not only does the…