This paper seeks to remind the reader that U.S. law is based on English cases and precedent far more than most persons realize. Specifically, a 1791 pronouncement by the U.S. Supreme Court that the English court system provides the model for the U.S. Supreme Court is offered as evidence of the paper's thesis. Examples of the sorts of English…

The concept of a "government of laws and not of men," representing the philosophy called legal positivism, is developed historically as it might be presented to a secondary school class. Some of the practical benefits from the teaching of the philosophy of law are also discussed. (JH)

These lectures, presented in observance of the U.S. Constitution bicentennial celebration, consider selected constitutionally significant law cases that occurred in Indiana. These cases are representative of U.S. constitutional development and of the relationship of Indiana to the U.S. Constitution. Patrick Furlong, in "The South Bend…

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)

The constitutional mandate of separation of powers preserves liberty and slows the pace of political change. Defects in this system are discussed. Remedies for the defects must be found in the "unwritten constitution," comprised of customs and arrangements that allow the government to work. (PS)

The history of the Fourteenth Amendment is reviewed from the time it was added to the Constitution of the United States in 1868. (MC)

Examines the origins of the Bill of Rights. Explores the temptation to focus on current problems at the expense of the future. Introduces four articles concerning teaching about the Bill of Rights. (SG)

"We the People...The Citizen and the Constitution" is a national civic education program that aims to help elementary and secondary students understand the history and principles of constitutional government. The program focuses on the U.S. Constitution and Bill of Rights and fosters civic competence and responsibility among students in…

This curriculum introduces secondary students to the study of constitutional government in the United States. It is designed to provide students with an understanding of how the Constitution came into existence, why it took the form it did, and how it has functioned for the past 200 years. Through the 31 lessons of the text, organized into six…

This book presents, in words and pictures, a history of the Bill of Rights to the U.S. Constitution. Fifteen chapters in the book are entitled: (1) Origins; (2) The Colonial Experience; (3) The American Crisis: Road to Revolution; (4) New Order of the Ages; (5) The Bill of Rights; (6) The Civil War; (7) A Changing America; (8) War & Reaction;…

This book contains three major essays that consider the origins of the Bill of Rights, the first 10 amendments to the United States Constitution. In "The U.S. Bill of Rights in Historical Perspective," Donald S. Lutz examines the intellectual context of the Bill of Rights by analyzing the changing ideas about rights in colonial,…

The "least restrictive means" test, a frequently used tool for resolving First Amendment cases in federal courts, is designed to insure that state-imposed abridgement of free expression is limited to the narrowest scope and the least impact necessary to fulfill a compelling state interest. Analysis of the history of the test since its…

Minutes of a hearing of the Senate Subcommittee on the Constitution are presented, beginning with opening statements from four United States senators (Hatch, Grassley, Thurmond, DeConcini) concerning the significance of the United States Constitution and its doctrine of the diffusion of powers. The core of the minutes includes the prepared…

This executive report describes the Commission's purpose, plans, and activities to commemorate the Bicentennial of the Constitution in 1987, emphasizing educational opportunities and the enlargement of public understanding and appreciation of the Constitution. The parts of the report include: the Commission (establishment, membership,…

The questions that observers of Congress have posed throughout U.S. history continue to confront citizens: how have the constitutional powers of Congress adapted to new conditions, and how has this affected Congress's relations with the other branches of government. Congress, in its constitutional design, is part of the remedy for the problems of…