Simone Lawson
The US Constitution is a crucial document that outlines the nation's principles and protects its citizens' rights and liberties. While it is essential for Americans to understand their constitutional rights, there is ongoing debate about whether the US Constitution should be taught in public schools. Some argue that it is every citizen's right to receive constitutional education, while others assert parental rights and claim that their constitutional rights are violated by specific curricula. This complex issue involves discussions about the role of politics in education, the extent of parental rights in shaping children's education, and the importance of constitutional knowledge in fostering a free society.
| Characteristics | Values |
|---|---|
| Importance | Teaching the US Constitution in schools can help students understand the principles of liberty and prosperity and know when laws are unconstitutional. |
| History | Abraham Lincoln stated in 1838 that the Constitution should become the "political religion of the nation". |
| Current status | It is unclear whether the US Constitution is currently taught in public schools. While some sources mention that it should be taught, others discuss the challenges and politics involved in shaping school curricula. |
| Parental involvement | Parents have objected to school curricula on the basis of constitutional rights and requested to review educational materials. |
| Legal implications | Court rulings, such as Parker v. Hurley, have affirmed that parents do not have the right to direct how a public school teaches their children, even if they believe their constitutional rights are violated. |
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What You'll Learn
Understanding Congress' powers
The US Constitution is a pillar of the nation, standing free from the oppression and tyranny of any ruling class, including the government. It is the people's right to receive constitutional teaching in schools. The more students understand the US Constitution, the more they understand what Congress can and cannot do, and how to fight unconstitutional laws.
Article I of the US Constitution outlines the powers of Congress. It states that all legislative powers granted shall be vested in the Congress of the United States, which consists of a Senate and a House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the states. Representatives must be at least 25 years old and have been citizens of the United States for at least seven years.
The powers of Congress include the power to lay and collect taxes, duties, imposts, and excises to pay off debts and provide for the common defence and general welfare of the United States. Congress can also borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, establish uniform rules of naturalization, coin money and regulate its value, provide for the punishment of counterfeiting, promote the progress of science and useful arts by securing exclusive rights to authors and inventors, and constitute tribunals inferior to the Supreme Court.
Congress also has the power to regulate the "manner" of elections by drawing electoral districts and requiring states to conform to certain practices when drawing districts, such as using a single-member district scheme. Additionally, Congress has the authority to make all laws necessary and proper for carrying into execution the powers vested in the Constitution. This includes the power to impose taxes on the importation of persons, suspend the writ of habeas corpus in cases of rebellion or invasion, and prohibit bills of attainder or ex post facto laws.
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Freedom and liberty
The US Constitution is often regarded as a pillar of freedom and liberty, standing against the oppression and tyranny of any ruling class, including the government. By teaching the Constitution in schools, students can gain a deeper understanding of their rights and freedoms, as well as the limitations of governmental power. They can learn about the principles of liberty and prosperity, and how to challenge laws that may be unconstitutional.
However, the question of what is taught in schools, and how it is taught, is often a contentious issue. Parents and educators may have differing opinions on the curriculum, with some parents asserting their constitutional rights to shape their child's education or place demands upon school leaders. This can lead to debates over the inclusion of certain books, topics, or educational materials in the curriculum. For example, in the federal appeals case of Parker v. Hurley, parents objected to their children being presented with books depicting diverse family structures, claiming that their constitutional rights as parents and their freedom of religion were being infringed upon.
Despite these debates, the US Constitution remains an essential component of education in the United States. It provides a foundation for understanding the country's history, values, and legal system. By studying the Constitution, students can develop a deeper appreciation for the freedoms and liberties they enjoy, and the responsibilities that come with them. They can also gain the knowledge and skills necessary to navigate an ever-changing societal landscape and participate actively in a democratic society.
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The Founding Fathers
The list of Founding Fathers includes George Washington, John Adams, Thomas Jefferson, James Madison, Alexander Hamilton, and Benjamin Franklin, among others. These individuals held important roles in the early government of the United States, with Washington, Adams, Jefferson, and Madison serving as the nation's first four presidents.
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Parental rights
The US Constitution is considered by some to be a pillar of the nation, standing free from the oppression and tyranny of any ruling class, including the government. It is believed by many that it is the right of every citizen to receive constitutional teaching in schools. However, there is no federal law requiring schools to teach the US Constitution.
The US Supreme Court and federal court rulings have recognized parents' constitutional rights to the care, custody, and control of their children. The Due Process Clause of the Fourteenth Amendment protects the right to marry, establish a home, and bring up children. Parents also have a due process right to a fundamentally fair procedure that may require the appointment of counsel.
The Supreme Court has also held that even after parents are found unfit in a contested court proceeding, they retain constitutionally protected parental rights. This was highlighted in the case of Santosky v. Kramer, where the Court declared unconstitutional a New York statute that authorized termination of parental rights based on a preponderance of evidence.
In another case, Meyer v. Nebraska, the Court held that a statute forbidding the teaching of the German language impermissibly encroached on the liberty that parents possess. Similarly, in Pierce v. Soc'y of Sisters, the Court struck down an Oregon statute requiring children to attend public schools, recognizing parents' rights to choose private or parochial schools for their children.
However, the Supreme Court has not issued an opinion directly addressing parental control over their children while at school in over 50 years. The last time the Court considered this topic was in 1972, when it supported Amish parents who had challenged Wisconsin's compulsory education law, stating that the history and culture of Western civilization reflect a strong parental concern for the nurture and upbringing of their children.
With the increased activity by lawmakers to define parental rights and the growing number of cases filed by parents to establish their rights, the Supreme Court may soon decide the constitutional contour of parental rights relative to their children's education and participation in extracurricular activities.
In California, a parent is challenging the guidance from the state's Department of Education, which states that engaging parents is the best option, but if students do not consent to disclosing their social transition, parents may only be informed if there is a "compelling need to know." This case raises constitutional questions about parental rights and the right to privacy of students, which the Supreme Court is yet to address.
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Constitutional teaching in law schools
Teaching the US Constitution in schools has been a topic of discussion and debate for many years. While some argue that it is essential for students to understand their rights and freedoms, others assert parental rights and religious freedoms that they believe public education infringes upon.
The US Constitution is often taught in law schools, where students delve into the intricacies of constitutional law and its interpretation. For example, at the USC Gould School of Law, students examine the notion of equal protection under the law and the historical context that shaped it. They learn that while the Constitution stated that "all men are created equal," this initially only applied to white men, and they explore the "separate but equal" doctrine that persisted even after the Fourteenth Amendment was passed in 1868 to abolish slavery.
Additionally, constitutional teaching in law schools can help address the lack of understanding among the general public about the US Constitution and its relevance today. Law schools can play a vital role in bridging this knowledge gap by offering courses that are accessible to non-law students or the community at large. This outreach can empower individuals to understand their rights and engage in informed discussions about current events and the government's actions.
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Frequently asked questions
Yes, it is taught in public schools. It is believed that the more students understand the US Constitution, the more they understand what Congress can and cannot do.
Teaching the US Constitution in schools ensures that children know the principles of liberty and prosperity. It is through education that we take our freedom into our own hands.
One challenge of teaching the US Constitution in schools is addressing uncomfortable subjects, such as the historical inequality and racism that existed in the country.
Yes, federal laws require schools and government agencies to teach the US Constitution.
Yes, there are various resources available, such as the Pocket Constitution of the United States, which is a small, easy-to-read version of the document.
