War and Civil Liberties

CONTENTS OF CURRICULUM UNIT 05.03.08

  1. Unit Guide
  1. Introduction
  2. Summary of Main Content
  3. Rationale
  4. Postmodernism
  5. Postmodernism and the classroom
  6. Background information
  7. Classroom Objectives
  8. Topics Covered in the Unit
  9. Strategies
  10. Sample Lessons/Resources
  11. Bibliography-Teachers
  12. Bibliography-Students

Postmodernism and the Flexibility of the Constitution

Jeffrey C. Joyce

Published September 2005

Tools for this Unit:

Bibliography-Students

Jonathan Dayton and Theodore Sedgewick, Alien and Sedition Acts (1796). Federalists in Congress and executive branch attempt to silence French sympathy and criticism of federal foreign policy.

Thomas Jefferson and James Madison, Virginia and Kentucky Resolutions (1796). Jefferson and Madison respond vehemently to the passage of the Alien and Sedition acts claiming that they violate the first amendment to the Constitution.

William H. Rehnquist, All the Laws but One: Civil Liberties in Wartime (Vintage Books, 1998) pp. 3-39. This particular section focuses on transgressions of the Lincoln administration during the conduct of the Civil War. Specifically, it gives pertinent background material about Lincoln's decision to emancipate the slaves, declare martial law and suspend habeas corpus and the consequences of these actions in the American courts.

Schenck v.U.S. 249 U.S. 47 (1919). Supreme Court case of the WWI era that upholds the Espionage and Sedition Acts.

Ex parte Quirin 317 U.S. 1 (1942). Supreme Court case of the WWII period that produced the legal term "enemy combatants." German saboteurs captured in NY, including as American citizen were tried before military tribunals. The court held that the aforementioned description made their trials legal.

Korematsu v. U.S. 321 U.S. 760 (1944). Supreme Court case of the WWII era that upholds the right of the federal government to hold Japanese Americans interned as a means of protecting national security.

Dennis v. U.S. 341 U.S. 494 (1951). Supreme Court case that upheld the Smith Act that disallowed any activity that could be deemed as conspiring to advocate or teach methods to overthrow or destroy the federal government.

Tinker v. Des Moines 393 U.S. 503 (1969). Supreme Court case that upheld the right of school age students to wear black armbands as a matter of protest against the federal government's involvement in Vietnam.

The 9/11 Commission Report. Report from a committee of public servants, private workers, and concerned citizens put together to study the tragedy of the September 11 attacks.

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