Teaching about the Constitutional Rights of Students
If people are to exercise their rights and fulfill their responsibilities
as citizens, they must understand those rights and responsibilities. Social
studies teachers have a special role to play in shaping the lives of young
United States citizens. Those educators can help determine whether students
will know their civic rights and responsibilities and become politically involved
adults.
U.S. GOVERNMENT STRUCTURE AND CITIZENS' RIGHTS
An appreciation of the rights and responsibilities of American
citizens requires a basic understanding of the structure of the United States
government. Teachers can use lectures, readings, role-playing activities, and
a host of other techniques to help students understand the organization of
the federal government and its relationship to the individual states. The most
natural starting point for such study is the Constitution.
Students will be interested to learn that the Bill of Rights,
which many consider to be a model civil liberties document, was the result
of a compromise. It was offered to allay fears about the strong central government
established under the basic Constitution. Some state ratifying conventions
would not have approved the Constitution had they not been promised the Bill
of Rights as well.
CRIMINAL LAW AND JUVENILE JUSTICE
The Constitution's Fourth Amendment prohibits police officers
from breaking into people's homes without a warrant, seeking out and seizing
evidence of crimes, and using that evidence against the residents in criminal
trials. However, it was not until 1961 that the U.S. Supreme Court established
the "exclusionary rule" clearly, which prevents officials from using evidence
gained illegally in the prosecution of a person accused of a crime. Students
will enjoy debating whether that landmark ruling in the case of Mapp v. Ohio
was the right decision for the Court, and what problems it could pose for law
enforcement. For example, critics have argued that the "exclusionary rule" may
result in acquittal of persons who might otherwise have been proven guilty.
Supporters, however, have hailed it as a great defense of individual liberties.
Critics of the criminal justice system often ask why the state
should have to supply defense attorneys for criminal suspects. To a person
who has not made a serious study of the Constitution, it might seem odd that
the government sometimes assists people who may have broken the government's
own laws. The 1963 case of Gideon v. Wainwright stands for the proposition
that a person cannot be denied equal access to justice simply because he lacks
the resources to pay for his defense. The questions of whether poverty justifies
free legal representation and whether a poor person gets the same quality legal
help as a rich person does provide excellent grounds for class discussion.
Anyone who has watched a television police drama in the last
few decades is familiar with the litany known as the "Miranda warning." Most
people probably do not know who Miranda was or realize the full significance
of the individual instructions. What does the Fifth Amendment's ban on compelling
a person to be a witness against himself have to do with the Miranda case?
An informed citizen should know. Was the Miranda decision a necessary defense
of individual rights? Or has it unfairly restricted police officers in their
apprehension of criminals? Students should be challenged to debate this constitutional
issue.
In some countries, citizens must carry identity cards and show
them to public authorities on demand. In most circumstances in the United States,
people going about their business do not have to stop and explain themselves
to every passing police officer. People need to be aware, however, that there
are exceptions to this general rule. Administrative checks of automobiles and
roadblocks to seek out drunk drivers on public highways have been upheld by
the courts. Even on the sidewalk, police can stop people who are acting suspiciously,
and frisk them when the situation warrants. Where should the United States
draw the line between the "let me see your papers" mentality of authoritarian
regimes and the legitimate interest of governments in protecting the public
from dangerous individuals? This critical question should be used to focus
classroom discussions.
The Eighth Amendment bars the imposition of cruel and unusual
punishment and prohibits excessive bails and fines. When is a punishment "cruel
and unusual"? When is a fine "excessive"? Much has been written about the relationship
between the Eighth Amendment and capital punishment. Given a hypothetical situation
about a death penalty case, a classroom may produce as many different opinions
about the case as there are students in the class.
The law treats children accused of breaking the law somewhat
differently from adult suspects. Prosecutors generally must follow a different
set of procedures when putting juveniles on trial. However, when facing the
possibility of commitment to an institution, a juvenile offender must still
be advised of the charges and of the right to counsel, the privilege against
self-incrimination, and the right to confront prosecuting witnesses. As in
the case of an adult charged with a crime, the guilt of a juvenile accused
of committing an act of delinquency must be proven beyond a reasonable doubt.
Role-playing activities provide excellent means for learning
about the United States justice system. Students will enjoy the drama of taking
the part of a judge, lawyer, witness, or litigant. Criminal cases and situations
pitting a person's individual rights against the authority of the government
are particularly excellent situations for capturing and holding the attention
of students.
CONSTITUTIONAL RIGHTS AT SCHOOL
Students do not set aside their constitutional rights when
they walk into school. However, those rights are balanced against school administrators'
disciplinary authority and the civic responsibilities of students. Children
facing suspension from school must be given hearings, but those hearings need
not amount to formal trials. A student can wear an armband to school as an
expression of his political views, but may be disciplined for a sexually suggestive
speech delivered at a school-sponsored assembly. A student contributor to the
school newspaper enjoys First Amendment rights, but the school that sponsors
the paper can remove material that it views as inconsistent with the school's
educational mission. School boards may order the removal of books from school
libraries, but are prevented from taking the action if it is for partisan political
reasons.
The rules regarding search and seizure also apply differently
to schoolchildren. School officials are free to search a student if there is
evidence that the student committed a crime or violated a school rule, and
if the search is reasonable at the outset and reasonably limited in scope.
One of the most significant United States Supreme Court decisions
in history dealt with the issue of race in public education. Prior to the 1950s,
African Americans were still barred from attending many public schools solely
on racial grounds. Long-standing court decisions held that "separate but equal" educational
facilities for blacks were acceptable. In 1954, in the landmark decision of
Brown v. Board of Education of Topeka, the United States Supreme Court finally
held that the "separate but equal" policy was inherently unequal. In a follow-up
ruling the next year, the justices ordered that schools were to be desegregated "with
all deliberate speed." Notwithstanding the ruling, school desegregation suits
continue to crop up from time to time.
The cases and situations discussed comprise just a small part
of the United States' rich legal history. Knowledge of that history is of the
utmost importance to those who are about to become adult participants in American
society.
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