This book of essays connects controversies over rights and liberties today to their historical antecedents while explaining how social, political, and cultural changes have influenced understandings of specific provisions of the Bill of Rights. Written for teachers using a collaborative effort, each essay is accompanied by bibliographic…

While some analysts have asserted that the First Amendment was intended to prohibit laws against seditious libel (speech overtly critical of the government), the judicial record reveals a willingness to tolerate some onerous infringements on free expression. In the late 19th and early 20th centuries, 25 states passed "sedition" or…

The United States Supreme Court in New York Times v. Sullivan (1964) extended the scope of protection provided to the press when covering public officials, requiring officials claiming libel by the press to prove "actual malice" (knowledge of falsity or reckless disregard of truth or falsity). The Alien and Sedition Acts of 1798 limited…

This book was designed to provide a basis for understanding constitutional government and for participating in U.S. society. Each lesson within the book's six units contains a statement of purpose and a list of review questions: most also contain problem solving exercises. Unit One introduces students to the study of political philosophy. The…

Constitutional essays which formed the basis of public assemblies throughout three states are compiled in this book. The first three essays consider the U.S. government principles of federalism, judicial review, and the separation of powers. Michael L. Benedict proposes that the question of ultimate sovereignty has been answered differently by…

During the past 150 years U.S. courts have demonstrated a special protectiveness toward academics and academic institutions. Academic freedom was not a concern when the U.S. Constitution and the First Amendment were drafted and is not mentioned in the "Federalist Papers." However, decisions by a series of Supreme Court justices led to…

This book provides a historical perspective on the changing nature of the United States Constitution and the society it has shaped. Part I focuses on the eighteenth century with chapters on the origins, writing, and ratification of the Constitution. Activities are designed to help students think about the difficulties associated with the creation…

Presents a lesson plan designed to provide students with the opportunity to develop and extend their conceptual understanding of the liberties found in the amendments to the U.S. Constitution. Outlines instructional procedures for a two class period presentation. (GEA)

Assesses Congress's role and development. Concludes that the Constitution's framers designed institutions well-matched to the Constitution's most fundamental purposes. If those purposes remain desirable, changes should be kept marginal. Some marginal changes are suggested. (PS)

Herbert Storing taught students at the University of Chicago about the Constitution by using a textual rather than the usual thematic basis. Students read, discussed, and analyzed the entire Constitution. This textual approach serves to undermine the dominant belief that the Constitution is only what the judges say it is. (RM)

Presents a lesson plan based on a lawsuit resulting from the internment of Japanese Americans during World War II. Provides background on Gordon Hirabayashi who took his case to the U.S. Supreme Court. Explains how students can identify the arguments, analyze the judge's actions, and consider implications of the decision. Includes student…

Considers how the Bill of Rights originated and has evolved. Reviews the political views of Alexander Hamilton and James Madison and the nature of their support for the Bill of Rights. Explains nineteenth-century classical liberalism and its revolutionary view that political power inhered in the individual rather than in property ownership. (CH)

Two landmark cases, "Serrano v Priest" (1971) and "Rodriguez v San Antonio" (1973) catapulted school finance litigation onto the political and educational scene. In their aftermath, 11 state supreme courts had ruled school funding systems unconstitutional while 12 state systems have been upheld as constitutional. Many…

Establishing constitutional government involves not simply the creation of a written document that purports to create the political structure of a nation and guarantee rights to its people, but "constitutionalism" in the sense of meaningful and effective adherence to constitutional norms of democratic organization and the protection of…

This report addresses civil rights issues that derive from the First Amendment's guarantee of free exercise of religion and prohibition against the establishment of religion. The commission is acting under its legal mandate to study and collect information and to appraise the laws and policies of the federal government with respect to…