Keith Mack
Teaching constitutional law is a complex task, especially in the current political climate. The recent events surrounding the Trump Administration and the attempted coup have left students disaffected and pessimistic about constitutional law and the state of democracy. To engage students in learning about constitutional law, educators must encourage critical thinking and analysis of the Constitution, its history, and the philosophical foundations of the nation's founding principles. This includes exploring concepts such as popular sovereignty, limited government, republicanism, federalism, separation of powers, and checks and balances. By drawing on primary source documents, landmark Supreme Court cases, and diverse political philosophies, educators can provide a well-rounded understanding of constitutional law and its real-world implications.
| Characteristics | Values |
|---|---|
| Teach the basics of the Constitution's text, history, structure, and case law | |
| Encourage students to engage in deep thinking and analysis of the Constitution and its founding principles | |
| Use a variety of formats, such as teacher-led or student-led courses, to fit different learning environments | |
| Provide engaging and interactive materials, such as videos, activities, and assessments | |
| Include primary source documents and landmark Supreme Court cases to illustrate concepts | |
| Encourage independent discovery and mastery of constitutional concepts through resources and activities | |
| Focus on key principles such as popular sovereignty, limited government, republicanism, federalism, separation of powers, and checks and balances | |
| Address current events and their impact on constitutional law, such as the Trump administration and the events of January 6th |
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What You'll Learn
The US Constitution's history
The US Constitution has a rich history that dates back to the country's founding. It has been influenced by various political philosophies and historical events, shaping the nation's legal and governmental foundations. The Constitution includes an introductory paragraph (the Preamble), a list of seven Articles outlining the government's framework, an untitled closing endorsement with 39 framers' signatures, and 27 amendments adopted under Article V.
The Constitution's historical context is essential for understanding its development. During the American Enlightenment, political philosophers like Montesquieu, Locke, Edward Coke, and William Blackstone significantly influenced the founding fathers. The Scottish Enlightenment, Magna Carta, and English common law also played a role in shaping the founders' thinking. They also examined various forms of government, including ancient models and modern European constitutions, seeking to establish a system compatible with America's unique circumstances and egalitarian character.
The ideas and political concepts of the Iroquois Confederacy are considered by scholars to have influenced the Constitution. Benjamin Franklin's Albany Plan of Union, which aimed to create a unified government for the Thirteen Colonies, is one example. While the plan was rejected, it reflects the early efforts to establish a unified nation with a strong foundation. Additionally, the influence of other countries, such as Spain and the Philippines, and revolutionaries in China seeking to emulate American democracy, further highlight the global impact of the US Constitution.
The Constitution has been the subject of ongoing interpretation and debate. Courts, including the Supreme Court of the United States, play a crucial role in interpreting and enforcing it as the supreme law of the land. The Constitution can only be changed through a legislative process of national proposal and state ratification. Educational resources, such as the Constitution Center's Constitution 101 course, aim to engage students in analysing the Constitution, its history, and America's founding principles. These resources utilise primary source documents, Supreme Court cases, and diverse political philosophies to provide a comprehensive understanding of the Constitution's evolution and its significance today.
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Landmark Supreme Court cases
When teaching constitutional law, it is important to ground lessons in the history of landmark Supreme Court cases and their impact on law-abiding citizens today. This will help students understand the evolution of constitutional law and its relevance to their lives.
One way to do this is by exploring the Tinker v. Des Moines (1969) case, which affirmed that students do not leave their rights at the schoolhouse door. This case examined the First Amendment rights of students to wear black armbands to school as a symbol of anti-war political protest. The Supreme Court ruled that their actions were protected by the First Amendment, as long as they did not cause any disruption to the educational process.
Another landmark case is Brown v. Board of Education (1954), which overturned the previous ruling in Plessy v. Ferguson (1896) and held that state laws requiring or allowing racially segregated schools violate the Equal Protection Clause of the Fourteenth Amendment. This case is significant because it helped lay the groundwork for the civil rights movement and integration across the country.
Miranda v. Arizona (1966) is also a notable case, as it established the requirement for police to inform suspects of their rights before questioning. The Supreme Court agreed with Ernesto Miranda, who confessed to rape and kidnapping after hours of interrogation without being advised of his rights to counsel and to remain silent.
Additionally, in Bethel School District #43 v. Fraser (1987), the Supreme Court held that students do not have a First Amendment right to make obscene speeches in school. This case involved a student who was suspended for delivering an obscene and provocative speech while nominating a classmate for an elected school office.
These cases provide a foundation for understanding the application and interpretation of constitutional law in the United States. They demonstrate how the Supreme Court has shaped history and continue to impact the lives of citizens today.
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The US government's structure
The US government is structured into three branches: the executive, the legislative, and the judicial. This system of separation of powers ensures that no individual or group has too much power.
The legislative branch is made up of Congress, which includes the Senate and the House of Representatives, as well as support services and agencies. Congress creates legislation and can confirm or reject presidential nominations for federal agencies, judges, and the Supreme Court. It can also remove the president from office in exceptional circumstances.
The executive branch is led by the president, who is the head of state and commander-in-chief of the armed forces. The president can veto legislation created by Congress and nominate heads of federal agencies and high court appointees. The executive branch also includes the vice president, executive departments, independent agencies, and other boards, commissions, and committees.
The judicial branch includes the Supreme Court and other federal courts. The Supreme Court interprets the US Constitution and decides cases and controversies, including matters pertaining to federal government and disputes between states. It can declare legislation or executive action as unconstitutional and create precedent for future law and decisions. Federal judges are appointed for life and their compensation cannot be diminished during their tenure.
The US Constitution also outlines certain rights and freedoms, such as freedom of speech, freedom of the press, the right to bear arms, and protection of private property. It provides a process for amendments, which must be proposed by a two-thirds vote of both Houses of Congress and ratified by three-fourths of state legislatures.
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The Constitution's key principles
Teaching constitutional law can be done through a variety of methods, including the use of videos, activities, and assessments. These resources can help students develop a deeper understanding of the Constitution and its key principles. One of the key principles of the Constitution is the establishment of justice, which is outlined in the preamble, along with other basic principles such as ensuring domestic tranquility, providing for the common defense, promoting general welfare, and securing liberty.
The Constitution also embodies other major principles, such as checks and balances, federalism, limited government, popular sovereignty, republicanism, and separation of powers. Checks and balances refer to the power granted to one branch of the government to block action by another equal branch. Federalism is a system of government where power is divided between states and a federal government, with authority balanced between the two. Limited government refers to the government only having the powers granted to it by the Constitution and only being able to take actions permitted by it.
Popular sovereignty, as introduced in the preamble, stresses that the government is made by the people and exists to represent, protect, and serve them. Republicanism is a system of government based on popular sovereignty, with representative government put into practice by constitutional institutions and processes. The separation of powers keeps the executive, legislative, and judicial branches of government separate, with each having its own powers and responsibilities described in separate articles.
The Constitution also serves as a framework for the federal government, outlining its form and functions while also restraining the government by immunizing certain values and principles from interference. It is considered the supreme law of the land and enumerates the nation's basic values. Teaching constitutional law can involve engaging students in deep thinking and analysis of these principles and their application in landmark Supreme Court cases and historical events.
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Teaching constitutional law post-Trump
Teaching constitutional law in the aftermath of the Trump presidency presents unique challenges and opportunities. The Trump era witnessed a disregard for constitutional limits and an assault on basic constitutional principles. Moving forward, educators must focus on exploring and reinforcing these fundamental concepts, encouraging students to engage in critical thinking and analysis.
Constitutional Law courses should now pay greater attention to identifying and examining the core principles that were disparaged during the Trump era. This includes a consideration of norms, conventions, and human behaviour in relation to constitutional values. For example, the Alien Enemies Act, which Trump used to threaten mass deportations of migrants, and the deployment of troops to protect ICE agents, exploiting an exception to the rule against using a standing army against civilians. These topics can be used to spark discussion and critical thinking about the role and interpretation of the Constitution.
Educators can utilise a variety of resources to enhance their teaching and engage students. The National Constitution Center, in partnership with Khan Academy, offers a free, flexible curriculum with video interviews of leading constitutional scholars, primary source documents, and relevant exercises to encourage independent discovery and mastery of constitutional concepts. The Constitution 101 course is highly informative and provides an excellent resource for teachers, offering tangible tools to help students develop a deeper understanding of the Constitution.
Additionally, educators can incorporate current events and real-world examples into their teaching. For instance, Professor Elizabeth Joh of the University of California, Davis, School of Law, teaches Intro to Constitutional Law and has experienced firsthand the challenges of teaching during the Trump era. She incorporates the impact of Trump's actions on constitutional interpretation, checking Twitter minutes before class to stay up-to-date with the President's actions and their implications. This approach ensures that students learn from contemporary examples and understand the practical significance of constitutional law in their daily lives.
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Frequently asked questions
Constitutional law refers to the study of the foundational principles of a country's legal system, often including the study of landmark Supreme Court cases.
Key concepts include popular sovereignty, limited government, republicanism, federalism, separation of powers, and checks and balances.
Teachers of constitutional law may face challenges in remaining nonpartisan and engaging students who are disaffected or discouraged by current events.
Using a variety of teaching resources, such as video interviews with experts, primary source documents, and relevant exercises, can help engage students and deepen their understanding of constitutional concepts.
The National Constitution Center has partnered with Khan Academy to create a free, flexible curriculum that includes video lessons, activities, and assessments centred around critical constitutional debates.
