Most socially significant issues from America's past were brought before the nation's courts. Subject introduces the themes and events of American law since 1787, focusing on three recurring themes in American public life: liberty, equality, and property. Readings consist mostly of original court cases, especially from the US Supreme Court. Subject also focuses on the historical connections between cases and broader social, political, and cultural trends.

The First Amendment protects some of our most cherished rights, including religious liberty, free speech, a free press, the right to assemble, and the right to petition our government for a redress of grievances. Together, these essential rights are connected to the freedom of conscience—protecting our ability to think as we will and speak as we think. As we examine the First Amendment’s text and history, we will explore debates over the First Amendment’s five freedoms, analyze landmark Supreme Court cases, and examine how the First Amendment has been used by groups of all perspectives to promote their vision of a more perfect Union.

Slavery was embedded into America’s fabric by the time of the framing and ratification of the Constitution. At the Constitutional Convention, the delegates refused to write the word “slavery” or enshrine a “right to property in men” in the Constitution’s text, but they did compromise on the issue of slavery, writing important protections for slaveholders into our nation’s charter. Debates over slavery continued (and increased) in the decades to come, culminating in Abraham Lincoln’s election as America’s first anti-slavery president, Southern secession, and the Civil War. Following this bloody war, the Reconstruction Republicans worked to rebuild our nation on a stronger constitutional foundation, passing our nation’s first civil rights laws and ratifying the 13th, 14th, and 15th Amendments. These amendments ended slavery, wrote the Declaration of Independence’s promise of freedom and equality into the Constitution, and promised to end racial discrimination in voting. Many scholars refer to this key period as America’s “Second Founding.”

The original Constitution did not specifically protect the right to vote—leaving the issue largely to the states. For much of American history, this right has often been granted to some, but denied to others; however, through a series of amendments to the Constitution, the right to vote has expanded over time. These amendments have protected the voting rights of new groups, including by banning discrimination at the ballot box based on race (15th Amendment) and sex (19th Amendment). They also granted Congress new power to enforce these constitutional guarantees, which Congress has used to pass landmark statutes like the Voting Rights Act of 1965. While state governments continue to play a central role in elections today, these new amendments carved out a new—and important—role for the national government in this important area.

The 14th Amendment wrote the Declaration of Independence's promise of freedom and equality into the Constitution. Ratified after the Civil War, this amendment transformed the Constitution forever and is at the core of a period that many scholars refer to as our nation’s “Second Founding.” Even so, the 14th Amendment remains the focus of many of today’s most important constitutional debates (and Supreme Court cases). In many ways, the history of the modern Supreme Court is largely a history of modern-day battles over the 14th Amendment's meaning. So many of the constitutional cases that Americans care about today turn on the 14th Amendment.

With the Constitution, the Founding generation created the greatest charter of freedom in the history of the world. However, the Founding generation did not believe that it had a monopoly on constitutional wisdom. Therefore, the founders set out a formal amendment process that allowed later generations to revise our nation’s charter and “form a more perfect Union.” They wrote this process into Article V of the Constitution. Over time, the American people have used this amendment process to transform the Constitution by adding a Bill of Rights, abolishing slavery, promising freedom and equality, and extending the right to vote to women and African Americans. All told, we have ratified 27 constitutional amendments across American history.

The founders were children of the Enlightenment, a European intellectual movement beginning in the late 1600s. The ideas that fueled this period were a celebration of reason, the power through which human beings might understand the universe and improve their condition. Overall, the movement strived for knowledge, freedom, and happiness. These ideas sparked transformational changes in art, philosophy, and politics. When crafting a new constitution, the founders followed this Enlightenment model and drew lessons from history and from their own experiences. Between the Declaration of Independence and the U.S. Constitution, the American people were governed at the national level by the Articles of Confederation and at the state level by state constitutions. From the founders’ perspective, these frameworks of government were noble experiments, but also deeply flawed. With the U.S. Constitution, the Founding generation established a new national government designed to address the deficiencies in these forms of government—creating a new government that was strong and deliberative enough to achieve common purposes and check mob violence but also restrained enough to protect individual liberty.

In the summer of 1787, delegates gathered for a convention in Philadelphia, with the goal of revising the Articles of Confederation—the nation’s existing governing document. However, rather than simply revising the Articles of Confederation, they wrote an entirely new framework of government: the U.S. Constitution. This new government was more powerful than the national government established by the Articles of Confederation, but the Constitution also limited the powers of this new government. In this module, you will explore the debates and compromises that occurred at the Constitutional Convention and explore the key arguments during the battle over ratification.

Shortly after the ratification of the U.S. Constitution, the Founding generation added the Bill of Rights—the Constitution’s first 10 amendments. These amendments guarantee many of our most cherished liberties, including the freedom of religion, the freedom of speech, the right to keep and bear arms, and the right to a jury trial. After the Constitutional Convention, the absence of a bill of rights emerged as a key part of the debates over ratification. Anti-Federalists—those who opposed the Constitution —pointed to the missing bill of rights as a fatal flaw in the new document. Several states ratified the Constitution with an understanding that amendments would be promptly added by the new government. This module will explore the origins of the Bill of Rights, explain its importance to the debate over the ratification of the U.S. Constitution, and walk through the specific rights enshrined in each of the first 10 amendments.

When crafting the Constitution, one of the central concerns of the Founding generation was how best to control government power. With the new Constitution, the Framers looked to strike an important balance—creating a new national government that was more powerful than the one that came before it while still protecting the American people’s most cherished liberties. They settled on a national government with defined but limited powers. Instead of placing authority in the hands of a single person (like a king), a small group of people (like an aristocracy), or even the whole people (like a direct democracy), the Framers divided power in two ways. At the national level, the Framers divided power between the three branches of government—the legislative branch, the executive branch and the judicial branch. This process of dividing power between different branches of government is called the separation of powers. From there, the Framers further divided power between the national government and the states under a system known as federalism. In this module, students will explore the key functions of the different parts of government and the role that the Constitution plays in controlling government power.

Article II of the Constitution establishes the executive branch of the national government, headed by a single President. Article II outlines the method for electing the President, the scope of the President’s powers and duties, and the process of removing one from office. The President’s primary responsibility is to carry out the executive branch’s core function—namely, enforcing the nation’s laws. From the debates over how to structure the Presidency at the Constitutional Convention to modern debates over executive orders, this module will explore the important role of the President in our constitutional system.

This collection of videos developed by the National Constitution Center and featuring distinguished scholars and museum experts focus on a wide variety of concepts related to the US Constitution and government. Videos could easily be utilized for a short "Constitution Day Lesson" or a more in-depth look at our founding documents. Topics include: the Constitutional Convention and ratification; separation of powers; federalism; each of the 3 branches; amending the Constitution; landmark court cases; significant in-depth looks at individual amendments; and much more.

Website Description:
In the debate over the Constitution, the Bill of Rights was a deal breaker. In this lesson, students learn why the federalists thought the Constitution didn’t need a bill of rights and why the anti-federalists refused to accept the Constitution without one. Students will find out why individual rights was such a big issue, where the concept of a bill of rights came from, and how the Bill of Rights finally got added to the U.S. Constitution.

Student Learning Objectives:
Students will be able to:
*Identify arguments for and against the need for a bill of rights in the U.S. Constitution
*Explain why the Bill of Rights was added to the U.S. Constitution
*Describe how the Bill of Rights addresses limited government
*Relate the arguments over the need for a bill of rights to the wording of the first ten amendments to the U.S. Constitution
*Compare and contrast the fears on both sides of the argument over the need for a bill of rights

Using the Annenberg Classroom video “One Person, One Vote,” this lesson explores the questions “Does the Constitution require that every person’s vote count the same as another person’s vote? Why would that be important?” Students will use their knowledge of the U.S. Supreme Court cases Baker v. Carr and Reynolds v. Sims to answer these questions.

Game where students choose to support or oppose the Constitution during the ratification process. Includes extension materials.

This unit is part of Gilder Lehrman’s series of Common Core State Standards–based teaching resources. These units were developed to enable students to understand, summarize, and analyze original texts of historical significance. Through a step-by-step process, students will acquire the skills to analyze any primary or secondary source material.

Over the course of three lessons the students will analyze text from three documents defining American democracy: the Preamble to the United States Constitution, the Pledge of Allegiance, and the second section of the Declaration of Independence. Understanding these three texts is an essential part of understanding American ideology and citizenship. Students will closely analyze these sources and use textual evidence to draw their conclusions and present their understanding as directed in each lesson.

Rule of law is a founding principle of the United States and a bedrock of democracy. It ensures that no one is above the law, that laws are publicly and widely known, that laws apply equally to all and are equally enforced, and that disputes are settled by an independent judiciary. This textbook definition is in contrast with many Americans’ lived experiences. For some people in the United States, particularly the most marginalized, rule of law has always been in crisis. Though the term “rule of law” may rarely be mentioned in state standards, its concepts are embedded in many social studies courses. Fundamental rights, limiting and balancing government power, and an open and transparent government are just a few of these concepts. These Street Law-designed lessons and resources are designed for flexibility and ease of use. The seven core lessons have been designed with middle and high school social studies teachers in mind, for courses ranging from U.S. history to civics and law to global studies. The eight lessons are: Introduction to Rule of Law; Controlling Corruption and Abuse of Power; Open and Transparent Government; Fair and Effective Court System; Fundamental Rights; Peace and Stability; Limiting and Balancing Government Power; and the Culminating Activity: Addressing a Rule of Law Change in My Community.

The lesson begins with students lined up in the front of the room. They are presented with a series of searches/seizures. If they believe the search/seizure was lawful, they step forward; if they believe it to be unlawful, they step backward. Next, students break into four groups. Each group is responsible for focusing on searches/seizures in a specific setting: at school, at home, in cars, or in public. The groups reconvene and present their ideas and findings to the rest of the class. The lesson ends with a discussion of the Fact Patterns handout.

This lesson, which includes a pre-lesson and post-lesson, provides students with first-hand experience about how the three branches of the United States government work together through separation of powers and a system of checks and balances.

WebQuest from iCivics where students explore why the U.S. Constitution included three branches of government, what each does, and how each branch checks the others.