Reviews the historical evolution of the principle of judicial review from its birth under Justice Marshall in the early 19th century to its present state and traces the attendant changes in the role of the U.S. Supreme Court. Available from: Managing Editor, Journal of Politics, Southern Political Science Association, 107 Peabody Hall, University…

Recommends Paul L. Murphy's 25-year-old article "Time to Reclaim: The Current Challenge of American Constitutional History" as a starting place for teachers interested in teaching about the history of the U.S. Constitution. Includes a three-page annotated bibliography of books on constitutional history. (BSR)

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…

Briefly reviews the history of the judicial branch of the U.S. government. Maintains that the 1803 U.S. Supreme Court decision in "Marbury v. Madison" established the Court's authority to not only interpret the Constitution, but also to apply the Constitution to acts of other separate but equal branches of government. (JDH)

Article III of the U.S. Constitution called for a federal judiciary that would dispense and administer justice in accordance with the principles on which the United States was founded. There was considerable ambivalence among the Founding Fathers as to what was the appropriate role for the judiciary, an ambivalence that has continued to the…

Current debates about the Constitution fall into the three following categories: (1) reappraisals of consitutional origins; (2) disagreements on hermeneutical principles used in contemporary applications; and (3) discussions of contemporary events whose consequences for law and political stability could not have been foreseen by the Constitution's…

There has been a renaissance of scholarship during the bicentennial of the U.S. Constitution. Continued implementation of the Constitution requires that its text, its structure, and its principles be widely known and respectfully understood. U.S. citizens need to respect the Constitution as it was understood by those who framed it. Underlying the…

Reviews the characteristics and landmark cases of the Warren, and Burger eras of the U.S. Supreme Court. Describes the changes taking place under Chief Justice Rehnquist and assesses the future of the Supreme Court with the addition of Justice Antonin Scalia. Maintains that the trend toward judicial activism will continue. (JDH)

A collection of essays on the 10 amendments that comprise the Bill of Rights to the U.S. Constitution is presented in commemoration of the 200th anniversary of the ratification of the Bill of Rights. The following essays are included: "The First Amendment and the Virtues of an Open Society" (R. Smolla); "The First Amendment as a…

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…

Examines the Supreme Court's historical treatment of the Bill of Rights and the Fourteenth Amendment to better understand the meaning of the Constitution's founding. That the Constitution does not offer an absolute protection is supported by analyzing a broad outline of the Constitution and several court cases involving due process. (TRS)

Explores the court structure in the United States and Canada. Explains the consequences of a dual or integrated system and why Canadians are adopting the U.S. system. (DB)

The document describes the establishment, development, procedures, and some landmark cases of the U.S. Supreme Court. The objective is to explore the history of the court and to explain its role in the American system of government. The booklet is presented in four chapters. The first chapter, entitled "A Heritage of Law," offers…

Featuring a mock trial tested in the District of Columbia, the objective of this manual is to help students learn more about the constitutional guarantee of trial by jury. Prepared as five separate lessons, the manual examines one alternative to the jury system--trial by ordeal; traces the development of the guarantee of trial by jury; explores…

Since 1789, the Supreme Court has been making decisions that affect all U.S. citizens. The study of Supreme Court cases, therefore, should be an integral part of civic education. This ERIC Digest discusses: (1) constitutional issues and Supreme Court cases that should be taught; and (2) effective strategies for teaching them. It also includes a…