When does the First Amendment allow the government to limit speech? Many Americans struggle with understanding the language and subsequent interpretation of the Constitution, especially when it comes to the rights encapsulated in the First Amendment. While many Americans can agree that speech should be protected, there are disagreements over when, where, and how speech should be limited or restricted. This lesson encourages students to examine their own assumptions and to deepen their understanding of current accepted interpretation of speech rights under the First Amendment, including when and where speech is protected and/or limited. It should reinforce the robustness of the First Amendment protections of speech.
Equal Justice Under Law
In its first constitutional challenge to the equal protection clause of the Fourteenth Amendment, the U.S. Supreme Court decided to hear a case brought by a Chinese immigrant, not an American citizen. Yick Wo believed city ordinances had been unfairly applied to him, so he challenged their constitutionality under the equal protection clause, and took his case all the way to the Supreme Court.
Second Amendment
Students will be able to trace the historic development of the Second Amendment with help from the Common Interpretation in the Interactive Constitution and matters of debate essays, and use evidence from the readings to explore the modern interpretation of the Second Amendment.
The Bill of Rights
In this series of videos, students will hear from constitutional scholars such as Professor Tracey Meares of Yale University, Professor Orin Kerr of George Washington University, Dean Erwin Chemerinsky of Berkeley Law, and Michael McConnell, the director of the Stanford Constitutional Law Center. In these videos, two scholars discuss their interpretations of the amendments, often giving different points of view and interpretations.
Constitution of the United States of America: Analysis and Interpretation
Popularly known as Constitution Annotated, this Senate Document encompasses the U.S. Constitution and analysis and interpretation of it, with in-text annotations of cases decided by the Supreme Court of the United States. What began as an inclusion of the 1911 Senate Manual, is now almost 3,000 pages, and references more than 6,000 Supreme Court cases. The online version is updated regularly as new Supreme Court cases are decided. You can search or browse Constitution Annotated.
Constitution Primary Source Set
Newspaper articles, notes, and original documents trace the process of drafting and adopting the Constitution and Bill of Rights. Speeches and song lyrics show how later generations used and interpreted the original ideals of the United States
Judicial Independence: Essential, Limited, Controversial
In a constitutional system of government, the role of the judiciary is essential for maintaining the balance of power, protecting individual rights, upholding the rule of law, interpreting the Constitution, and ensuring equal justice for all. In this lesson, students learn about the role of an independent judiciary in the United States.
A Conversation on Judicial Interpretation
Justices Stephen G. Breyer and Antonin Scalia and a group of students discuss the different theories, primarily Originalism vs. The Living Constitution, of how to interpret and apply the Constitution to cases. A PDF lesson guide accompanies this video
Constitutional Conversations and Civil Dialogue
As you read, interpret, and cite the Constitution, it’s important to think about how the Constitution defines or limits the power of the government. That’s how constitutional scholars and judges read, interpret, and cite the Constitution! Check out our Civil Dialogue Toolkit in the National Constitution Center’s learning module.
Our Constitution
The Our Constitution book, written by Donald A. Ritchie and JusticeLearning.org, takes an in-depth look at the Constitution, annotated with detailed explanations of its terms and contents. Included are texts of primary source materials, sidebar material on each article and amendment, profiles of Supreme Court cases, and timelines. The complete book or individual chapters can be downloaded.