Lesson 9: Freedom of Religion – Government Can’t Ban Religious Schools
After U.S. entry into World War I, several states amended their compulsory school attendance laws by adding provisions aimed at inculcating patriotism. One such law, passed in referendum by Oregon voters in 1922, required all children (except for those home-schooled or incapacitated) to attend public schools after 1926. Two plaintiffs […]
Lesson 8: Congress Has Always Set Limits on Immigration and Citizenship
“We the people of the United States,” are the first seven words, written in large letters, of the United States Constitution, composed in 1787 and formally adopted when ratified by nine states in 1788. It was assumed that “the people”—defined then as free adults—were citizens of both their states of […]
Lesson 7: Freedom of the Press – Publishers and Blogs Can’t Be Sued for Commenters’ Statements
Can publishers which disseminate statements made by others be sued for libel? The answer, derived from Anglo-American common law, is yes. The landmark case of New York Times v. Sullivan (1964), in which the Supreme Court set terms and conditions under which newspapers could be held liable for comments about […]
Lesson 6: When Free Exercise of Religion Clashes with the Law
The First Amendment to the Constitution provides that Congress shall make no law restricting freedom of religion or “prohibiting the free exercise” of religion. Does this mean that a citizen can refuse to obey an otherwise valid law because to do so would violate his free exercise of his religious […]
Lesson 5: The Emoluments Clause of the Constitution
Is Donald Trump violating the emoluments clause of the Constitution, as some people claim or suggest? The reference is to the last clause in Article I, Section 9, of the Constitution, which reads: “No title of Nobility shall be granted by the United States: And no Person holding any Office […]
Lesson 4: The Second Amendment and the Individual Right to Bear Arms
Should citizens be prohibited from owning handguns? In 1959 most Americans apparently believed so: the Gallup Poll that year reported that 60 percent of Americans supported a law to “ban the possession of handguns, except by the police and other authorized persons,” while only 36 percent disagreed. The next two […]
Lesson 3: Independent Counsel
“The executive Power,” begins Article II of the Constitution, “shall be vested in a President of the United States of America.” No ifs, ands or buts about it. The Constitution limits the president’s powers here and there: certain of his executive branch appointees (the document leaves Congress and the president […]
Lesson 2: The Filibuster
During the battles over healthcare and tax reform, Republicans have sent themselves into contortions to abide by the “Budget Reconciliation” rules that allow the majority to get around a Democratic filibuster. So what is a filibuster? Technically, it is a threat by a minority of senators to debate an issue […]
Lesson 1: Free Speech
The First Amendment to the Constitution does not impose, as some believe, “a wall of separation between church and state.” That phrase comes from a letter by Thomas Jefferson in 1802 to Connecticut Baptists, cited approvingly by Supreme Court decisions in 1878 and 1947. The First Amendment begins, “Congress shall make no […]
