Organization of American Historians
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OAH Magazine of History
Volume 13, No 1
Fall 1998

Copyright ©
Organization of American Historians

Supreme Court History:
An ERIC/ChESS Sample

David Kelly and Matthew Paris

The Educational Resources Information Center (ERIC) system encompasses the world’s largest and most frequently used educational database. This database contains over 900,000 records with approximately 13,000 new documents added each year. These include journal articles, research papers, books, conference proceedings, government documents, and many others.

One of the greatest strengths of the database is the interdisciplinary nature of its inclusion. The selected documents below include coverage from fields as diverse as science, rhetoric, and journalism, as well as the more traditional social studies.

The “EJ” designation at the beginning of the record identifies the source as an educational journal. These are easily located in most academic libraries or are available through interlibrary loan. Those items preceded by an “ED” designation are also available in many libraries or copies may be ordered from the ERIC Document Reproduction Service (EDRS). For additional information, contact EDRS, 7420 Fullerton Road, Suite 110, Springfield, VA 22153-2852 or call (800) 443-3742 or e-mail <edrs@inet.ed.gov>.

The ERIC Clearinghouse on Social Studies/Social Science Education (ChESS) welcomes requests for searches regarding any aspect of social studies from lesson plans/instructional materials to research articles and/or general information. Please contact: David Kelly, ERIC Clearinghouse for Social Studies/ Social Science Education at (800) 266-3815 or e-mail <dkelly@indiana.edu>.

ED398153. “The Great Chief Justice at Home (John Marshall).” Teaching with Historic Places. Lesson Plan No. 49, by John J. Patrick. Washington, D.C.: National Trust for Historic Preservation, 1995. EDRS Price: MF01 Plus Postage. PC Not Available from EDRS. This lesson emphasizes the virtues underlying John Marshall’s commitment to his duties as a public official and family member. The readings focus on: 1) “John Marshall at Home,” 2) “A Black Robe—Symbol of Civic Virtue and Constitutional Principles,” 3) “A Locket and a Strand of Hair—Symbols of Love and Family,” and 4) “John Marshall on ‘My Dearest Polly.’”

EJ509196. “Dignity, Honor, and Civility: New York Times v. Sullivan,” by Kermit L. Hall. OAH Magazine of History 9 (Win 1995): 33-36. This article maintains that New York Times v. Sullivan (1964) was the greatest political libel case ever decided by the Supreme Court and asserts that it is a monument to the idea that open political discourse is the best guarantee of democratic self-governance.

EJ509195. “The Flag Salute Case,” by Melvin I. Urofsky. OAH Magazine of History 9 (Winter 1995): 30-32. Urofsky contends that, although religious freedom is a key feature of U.S. democracy, it has had a relatively short and modern history. He discusses the issues, court opinions, and historical significance of the 1940 Minersville School District v. Gobitis Supreme Court decision regarding Jehovah’s Witnesses and the Pledge of Allegiance.

ED379197. U.S. Supreme Court Decisions. A Case Study Review for U.S. History and Government: A Student and Teacher Guide, by Douglas Moskowitz and Jason Scurti. New York: PATCH Law Program of the Northport-East Northport Union Free School District, 1989. EDRS Price: MF01/PC03 Plus Postage. This casebook provides students and teachers in grades 7-12 with a summary review of fifty-one cases that support a better understanding of U.S. history and government. Summary charts outline the syllabus and include the constitutional cases mentioned in it, as well as additional cases. For each case, the citation number, the judicial concepts involved, the facts of the case, the legal issues, and the Court’s opinion are listed. The appendices include a pre- and post-test, a glossary of constitutional terms, and a copy of the U.S. Constitution.

EJ475056. “Teaching Strategy: Prejudice, Hysteria, and a Failure of Political Leadership,” by Ellery M. Miller, Jr. and Mary K. Campbell. Update on Law Related Education 17 (Spr-Sum 1993): 32-39. The authors present a secondary lesson in which students examine the U.S. Constitution and decide a simulated case of ethnic bias and discrimination. The lesson is linked to the case of Japanese relocation camps in the United States during World War II. Lesson objectives, instructional procedures, and four student hand-outs are provided.

EJ450752. “The Struggle for Equality,” by Mary Louise Williams. Update on Law Related Education 15 (Fall 1991): 15-22. Through congressional acts and Supreme Court decisions, this lesson traces the legal evolution toward greater justice in U.S. society from 1865 to 1965. It includes background information, legislation, and student handouts on major civil rights cases. A bar graph for evaluating Supreme Court decisions and congressional acts that have advanced or set back equality for African Americans in the United States is provided.

EJ433738. “Freedom, but with Limits,” by Guy Thomas. Update on Law Related Education 15 (Win 1991): 31-32. The author provides a lesson for middle school students that examines the expansion and contraction of civil rights in response to socio-political developments. He suggests that students review voting rights extensions and analyze case studies involving students’ freedom of speech. Additional topics for student research on a variety of free speech issues are listed.

EJ431906. “William O. Douglas and Felix Frankfurter: Ideology and Personality on the Supreme Court,” by Melvin I. Urofsky. History Teacher 24 (Nov 1990): 7-18. Urofsky examines the philosophical and judicial conflicts on the U.S. Supreme Court between Justices Douglas and Frankfurter. He traces their disagreements by citing specific court cases and states they represented judicial activism and judicial restraint. He concludes it is possible the country benefitted from the philosophical tensions and debates generated by their opposing views.

ED375027. Mister Chief Justice. A Study Guide, by John W. Kuehl. Richmond, VA: John Marshall Foundation, 1992. EDRS Price: MF01/PC02 Plus Postage (study guide and film available). This guide, intended to accompany the film Mister Chief Justice, introduces the life of John Marshall and early U.S. history through a fictional account of a dinner party in March 1801. The guide presents the historical characters who attended the dinner, as well as the historical events that preceded it. It includes primary documents and discussion questions related to the themes of national identity, popular participation in government, and the costs of public service.

ED374070. Constitutional Rights of Juveniles and Students: Lessons on Sixteen Supreme Court Cases, by Gerald P. Long. Bloomington, IN: ERIC Clearinghouse for Social Studies/Social Science Education, 1994. EDRS Price: MF01/PC07 Plus Postage. These sixteen lessons introduce high school students to basic constitutional principles, especially the need to protect individual liberties in an ordered society. The lessons are divided into four categories based upon actual cases decided by the United States Supreme Court: religion and the Establishment Clause, freedom of expression, due process, and equal protection under the law.

ED368670. The Young Oxford Companion to the Supreme Court of the United States, by John J. Patrick. New York: Oxford University Press, 1994. Document Not Available from EDRS. This book, intended for young students, provides an encyclopedic collection of reference information about the U.S. Supreme Court. The articles are arranged alphabetically to aid in looking up words, ideas, or names. Lists of “see also” entries are located at the end of articles to refer the reader to related subjects. The book includes biographical sketches of all 107 justices of the Supreme Court, detailed discussions of one hundred of the most historically significant cases decided by the Supreme Court, and articles that define and discuss concepts central to the meaning of constitutionalism in the United States.

ED174542. Equal Justice Under Law: The Supreme Court in American Life, by Mary Ann Harrell. Washington, D.C.: Supreme Court Historical Society, 1982. EDRS Price: MF01 Plus Postage. PC Not Available from EDRS. This book describes the establishment, development, procedures, and some landmark cases of the U.S. Supreme Court. The objective is to explore the history of the Court and to explain its role in the American system of government. Materials are divided into four chapters. Chapter one offers background from the 1606 Virginia Charter to the Constitution and Bill of Rights. Chapter two traces the Court’s growth in scope. Chapter three discusses Court procedures, staff duties, the building, and the duties of the justices. Chapter four offers a brief description of the powers and limitations of the federal court system, including contemporary reforms and technical innovations.

ED364484. Equal Justice Under Law. Instructor’s Guide, by Isidore Starr. Chicago: American Bar Association, Youth Education for Citizenship, National Law-Related Education Resource Center, 1985. EDRS Price: MF01/PC04 Plus Postage. This teacher’s guide accompanies the book Equal Justice Under Law: The Supreme Court in American Life. It provides additional details on issues covered in the book. Included are summaries of key cases, background on the controversies of a particular period, and suggestions on ways in which other material in the sections might be taught.

ED361410. Thurgood Marshall: A Life for Justice, by James Haskins. New York: Henry Holt and Company, 1992. Document Not Available from EDRS. This biography for young readers recounts the life of Supreme Court Justice Thurgood Marshall and focuses on his life as a civil rights litigator. The book discusses Marshall’s family history, childhood and schooling, experiences at Lincoln University, decision to go to Howard University Law School, efforts to change laws that kept black people “separate but equal,” involvement with the landmark civil rights case Brown v. Board of Education, and work on the Supreme Court.

ED341591. “The U.S. Supreme Court’s Philadelphia Decade,” by David V. Stivison, 1991. EDRS Price: MF01/PC01 Plus Postage. This paper reviews the highlights of the Court’s cases from 1791 to 1801, which include the issues of international law of the sea, state sovereignty, procedures for parties appearing before the Court, and the interpretation of the Constitution and the will of Congress.

ED339673. “Teaching the Law Using United States Supreme Court Cases,” by Robert S. Leming. ERIC Digest. Bloomington, IN: ERIC Clearinghouse for Social Studies/Social Science Education, 1991. EDRS Price: MF01/PC01 Plus Postage. This ERIC Digest discusses constitutional issues and Supreme Court cases that should be taught as part of a civic education curriculum as well as effective teaching strategies. It also includes a list of national organizations that develop resources to enhance the teaching of Supreme Court cases.

EJ478518. “The Powers of the U.S. Government: Interactive Videodiscs,” by Leslie Gene Hunter. History Microcomputer Review 9 (Spr 1993): 23-30. The author reviews a three-part videodisc set designed for teaching introductory U.S. government and history courses at the secondary or collegiate levels. She describes the content and provides teaching suggestions for the series that focus on the powers of the U.S. Congress, the presidency, and the Supreme Court.

EJ438650. “The United States Supreme Court and the Enforcement of African American Rights: Myth and Reality,” by Opoku Agyeman. Western Journal of Black Studies 15 (Spr 1991): 1-7. Agyeman argues that the record of the United States Supreme Court hardly warrants a view of the Court as a special protector of minorities. This view obscures the more fundamental and lasting role of the Court as protector of property rights.

ED379205. “Teaching about Landmark Dissents in United States Supreme Court Cases,” by Robert S. Leming. ERIC Digest. Bloomington, IN: ERIC Clearinghouse for Social Studies/Social Science Education, 1995. EDRS Price: MF01/PC01 Plus Postage. Leming discusses the use of dissenting U.S. Supreme Court decisions in teaching about U.S. constitutional history. In cases where some justices do not agree completely with the Court’s decision, they may write dissenting opinions and present rationales for their views, which may influence the Court in future decisions.

David Kelly is an information specialist with the ERIC Social Studies/Social Science Education Clearinghouse. He holds a B.A. in International Relations from the University of Delaware and an M.A. in Political Science from Indiana University.

Matthew Paris is an information specialist and occasional actor. He holds a B.S. in Education with an emphasis in Social Studies and a Master’s in Library and Information Science from Indiana University.