We the Students is designed to help America's young people achieve what the author calls "constitutional literacy." This unique reference engages students by examining Supreme Court cases that directly affect them. The cases involve issues that are of high interest to students, such as drug use, sex and censorship, and freedom of speech and thought.
The newly revised second edition of We the Students includes:
- New Supreme Court cases along with a few noteworthy state and federal cases.
- More examples and exercises to provide readers with a greater understanding of constitutional law in a way in which they can relate and understand.
- Expert commentary about protecting students from bullying.
- New or expanded coverage of affirmative action; drug testing; discrimination based on gender, sexual orientation, or citizenship; student disabilities; and religion in school.
We the Students is designed for students and teachers in regular and AP social studies, history, journalism, constitutional law, and government classes. The educational emphasis in We the Students is on constitutional knowledge, critical thinking, persuasive argument, and values clarification. Students will learn the answers to questions such as:
- Why does the Court decide a case one way rather than the other?
- Why does law change over time and what makes it change?
We the Students includes a bibliography at the end of each chapter and suggestions for further reading.
Click here for a lesson plan.
Table of Contents
Preface
Foreword
1 THE CONSTITUTION AND THE COURTS OF THE UNITED STATESThe Constitution: What Is It?
The Constitution: Whose Is It?
The Constitution: What Does It Mean?
The Incorporation of the Bill of Rights
The State Action Requirement
Judicial Architecture: How Our Court System Works
Majority and Dissenting Opinions
How to Brief a Case
2 THE HEART AND SOUL OF THE CONSTITUTION: FREEDOM OF EXPRESSIONExpressive Conduct and the Right Not to Speak
The Right to Speak Freely and Protest (But Not to Disrupt)
The Confederate Flag and Other Racially Provocative Symbols
A Hirsute Lawsuit: Do Boys Have the Right to Wear Long Hair?
Double Entedres and Double Standards: Lewd and Suggestive Language in a Student Government Campaign Speech
Coed naked Civil Liberties
Thought Control or Quality Control? The Problem of Library Book Removal
Viewpoint Neutrality and Religious Speech: Good News for the Free Speech Rights of Religious Americans
3 ALL THE NEWS FIT TO PRINT AT SCHOOL: FREEDOM OF THE STUDENT PRESSFreedom of the Student Press in Official School-Sponsored Activities
Squelching Debate: A Different Sort of Blair Witch-Hunt
Cyber Censors: Rising Conflicts over Internet Homepages
4 PUBLIC SCHOOLS AND RELIGION UNDER THE CONSTITUTIONFreedom from Establishment of Religion at School
Saying a Benediction for Invocation
Government Aid to Private Religious Schools: When Does it Cross the Establishment Line?
School Vouchers: Revolution in the Making?
The First Amendment and the Ten Commandments
The Court’s Agonizing Ambivalence over Christmas Nativity Displays
One Nation, under Canada, with Constitutional Controversy for All: The New Establishment Clause over the Pledge of Allegiance
The Free Exercise Rights of Religious Americans
The Theory of Evolution and the Story of Creation: An Ongoing Duel in the Classroom
5 THE FOURTH AMENDMENT: SEARCHES OF STUDENTS AND THEIR BELONGINGSThe Reduced Right of Students to Expect Privacy of Their Belongings
Drug Tests and Strip Searches
The Crime of Hanging Out with Gang Members: “Loitering with No Apparent Purpose” in Chicago
6 DISCIPLINE AND PUNISHMENT: DUE PROCESS AND THE EIGHTH AMENDMENTDue Process
Corporal Punishment
Corporal Punishment in the Aftermath of
Ingraham v. Wright7 EQUAL PROTECTION: DRAWING LINES BY RACE, WEALTH, GENDER, CITIZENSHIP, AND SEXUAL ORIENTATIONThe Persistent Legacy of Slavery and Racism
Two Steps Forward, One Step Back: “Massive Resistance” and the Reaction to
BrownThe Right to Love
Affirmative Action – or “Reverse Discrimination”?
Rich Schools, Poor Schools: The Court’s Treament of “Separate but Equal” School Financing
“Suspect” Classes and Sex-Based Segregation
Separating Citizens from Noncitizens under the Law
Discrimination against Gays and Lesbians
8 HARASSMENT IN THE HALLS: SEXUAL HARASSMENT AND BULLYING AT SCHOOLWhen Teachers Harass Students
When Students Harass Students
The Right of Gay and Lesbian Students against Harassment
9 THE HEALTH OF THE STUDENT BODY: DISABILITY, PRIVACY, PREGNANCY, AND SEXUALITYThe Rights of the “Differently Abled” under the Individuals with Disabilities Education Act
Three Trimesters: Pregnant at School
Abortion and the Privacy Rights of Teenagers
Appendix A: Supreme Court Confirmation Exercise: You Be the Judge
Appendix B: United States Constitution
Appendix C: Glossary
Appendix D: Bibliography
Appendix E: Marshall-Brennan Fellows 1999-2003
Index
Photo Credits
Testimonials
Praise for the Previous Edition:
"This book should be in the library, on the teacher's desk, and used as a reader for students."
- John Banbury, Teacher, McLean High School, Virginia"Professor Raskin has performed what many educators thought impossible: We the Students is a dynamic, riveting, but fundamental dimension of our constitutional democracy. We the Students transforms students into Justices and advocates arguing and resolving matters of grave importance to daily life. Civics class will never be the same."
- Kenneth W. Starr, Former Judge, United State Court of Appeals for the District of Columbia Circuit
Bio(s)
Jamin B. Raskin, American University
Jamin B. Raskin is professor of constitutional law and the First Amendment at American University Washington College of Law and founder of its Marshall-Brennan Fellows Program, which places law students in public high schools to teach the We the Students constitutional literacy course. A former assistant attorney general for the Commonwealth of Massachusetts, Raskin is an active public interest lawyer, defending the rights of political expression and participation for both adults and young people. He is also the author of Overruling Democracy (2003) and dozens of law review articles, op-eds, and essays on constitutional law.
