Marshall-Brennan Constitutional Literacy Project

The Marshall-Brennan Constitutional Literacy Project is a program designed to mobilize talented upper-level law students to teach courses on constitutional law and juvenile justice in public high schools. Headquartered at the Washington College of Law in Washington, D.C., the Marshall-Brennan Constitutional Literacy Project was founded In the fall of 1999 by Professor Jamin Raskin. This movement for constitutional literacy is rooted in the belief that students will profit for a lifetime from learning the system of rights and responsibilities under the U.S. Constitution. Many citizens do not participate and feel disengaged from politics. The teaching fellows work with teachers, administrators and lawyers to teach students their rights as citizens, the strategic benefits of voting, how lawmaking occurs, and other fundamental constitutional processes.[1]

Since its inception, the Marshall-Brennan Constitutional Literacy Project has had chapters in twenty U.S. law schools, with 18 currently in operation.[1]

History of the Marshall-Brennan Constitutional Literacy Project

The Marshall-Brennan Constitutional Literacy Project was conceived by law professor Jamin Raskin when he was approached by a group of high school students in Montgomery County, Maryland, who felt their freedom of speech was being violated. The students were part of a communications academy at their school and helped run a talk show on a local cable television station affiliated with the school. They had put together a program called "Shades of Gray," during which they interviewed experts on difficult topics of the day. One particular show included a debate on gay marriage, and the students had lined up two speakers in favor of gay marriage and two against. The program was taped and approved by the teacher who oversaw it.[2]

However, the show was pulled before it aired. School officials deemed the show "inappropriate" for the station. When the students contacted him, Professor Raskin wanted to go straight to court, but the students asked for help in first exhausting all remedies at the school district level before pursuing litigation. In the end, the students appealed to the school board and won a reversal of the superintendent's censorship of the program. The program aired six times instead of the one or two times it would have aired had the superintendent allowed it in the first place.[2]

This experience led Professor Raskin to the realization that high school students, especially urban students, are not taught about the Constitution and how it affects their daily lives. When he compared the resources he had to this need for constitutional literacy, the idea for the project was born.

The project officially started in the fall of 1999 with 20 law students who volunteered to teach in eight public schools in Washington D.C. and Montgomery County.[2]

Current chapters and leadership

The Marshall-Brennan Constitutional Literacy Project currently has twenty-one chapters and is led out of Washington College of Law in Washington, D.C.[3]

Current Chapters

Current Program Directors

The Marshall-Brennan Constitutional Literacy Project is currently directed by Professor Lisa M. Curtis. Professor Stephen Wermiel currently serves as the faculty adviser to the program.

Starting New Chapters

In order to start a new chapter of the Marshall-Brennan Constitutional Literacy Project, seven requirements must be met:[3]

  • Partnership between a law school(s) and an underserved local public school system or local public high school(s).
  • Academic credit: both law students AND high school students earn academic credit for participating in the Marshall-Brennan Project.
  • Unified Curriculum: All Marshall-Brennan fellows use one or both of the textbooks (We the Students and/or Youth Justice in America)
  • Shared goals: to improve high school students’ oral advocacy skills, cultivate critical thinking skills, and instill understanding of Constitutional cases and concepts.
  • Support and supervision by a faculty and/or staff member at the law school.
  • Regular communication with the national office at American University Washington College of Law.
  • Representation at the annual Directors’ Meetings and National Marshall-Brennan High School Moot Court Competition as much as possible.

Curriculum

The Marshall-Brennan Constitutional Literacy Project utilizes two different text books for its two sets of curriculum: Youth Justice in America and We the Students. Both books utilize case law and constitutional analysis to walk students through complex legal issues in an easy to understand fashion. Youth Justice in America focuses on criminal law and criminal procedure as they pertain to students, while We the Students gives students a broad survey of the United States Constitution.

Youth Justice in America

Youth Justice in America combines thoughtful commentary with selections from actual federal and state constitutional criminal law cases to explore issues of juveniles and justice. The book addresses tough, important issues that are part of many high school curricula and directly affect today’s young people, including:

  • How should we balance liberty with the need for an ordered society?
  • How do we enforce order while maintaining constitutional rights?
  • Should we treat juveniles differently from adult offenders?[5]

Focusing on cases that relate to the Fourth, Fifth, Sixth, and Eighth Amendments of the U.S. Constitution, the subject matter comes alive through a unique blend of content, including:

  • Selections from key cases that affect students;
  • Easy-to-read definitions of important terms and concepts;
  • Sidebar features;
  • Engaging photos;
  • Individual and class exercises;
  • Age-appropriate sources for further reading.[5]

We the Students

Filled with real-life examples and exercises, We the Students helps students gain a greater understanding of constitutional law in an interesting and thought-provoking way. Designed for students and teachers in regular and A.P. social studies, history, journalism, constitutional law, and government classes, We the Students is full of interesting examples and exercises to provide students with a greater understanding of constitutional law in a way in which they can relate and enjoy.[6]

Specific cases covered include:

  • Tinker v. Des Moines Independent Community School District No. 21
  • Melton v. Young
  • Bethel School District v. Fraser
  • Hazelwood School District v. Kuhlmeier
  • Engel v. Vitale
  • Lee v. Weisman
  • New Jersey v. T.L.O.
  • Vernonia School District v. Acton
  • Goss v. Lopez
  • Brown v. Board of Education of Topeka
  • Plus 16 additional key cases[6]

Designed for the Library and the Classroom:

  • Suggested activities offer innovative ideas for team projects
  • Historical material provides valuable context and points of reference
  • Glossary definitions clarify fundamental concepts and terms
  • Biographies of Justices introduce the men and women who shape our laws.

Observance of Constitution Day

In honor of Constitution Day, the Marshall-Brennan Constitutional Literacy Project prepares lesson plans and educational materials to be used by teachers who wish to educate their students about the importance of the U.S. Constitution and its very real effect on the lives of students. The prepared materials are distributed through the website Band of Rights.

National Marshall-Brennan High School Moot Court Competition

The National Marshall-Brennan Moot Court Competition serves as an opportunity for high school students participating in Marshall-Brennan Constitutional Literacy Project classes to showcase their oral advocacy skills, network, and learn about careers in the law.

Usually held in the Spring, the National Moot Court Competition presents high school students with a unique legal issue each year, ranging from First Amendment violations to Eighth Amendment prohibitions against placing juveniles in prison for life without parole. Each student is assigned the role of either Petitioner or Respondent and must argue their case in front of a three judge panel composed of law students, law professors, and practicing attorneys. After advancing through the preliminary rounds, the final rounds are often heard by actual judges who volunteer their time in order to help students garner an understanding of a real appellate level courtroom.[7]

Notable Speakers

During the National Moot Court Competition in 2012, Mary Beth Tinker of the famous Supreme Court case Tinker v. Des Moines Independent Community School District spoke to the competitors about the importance of knowing one's rights and of knowing how the justice system can affect their everyday lives.[7]

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References
  1. ""We the Students" - Marshall-Brennan Constitutional Literacy Project - American University Washington College of Law". Wcl.american.edu. Retrieved 18 March 2017.
  2. "Gmail". Mail-attachment.googleusercontent.com. Retrieved 18 March 2017.
  3. "Teaching Partners - "We the Students" - American University Washington College of Law". Wcl.american.edu. Retrieved 18 March 2017.
  6. Raskin, Jamin B. (1 April 2000). "We the Students: Supreme Court Cases for and about Students". CQ Press. Retrieved 18 March 2017 – via Amazon.
  7. "National Competitions - Marshall-Brennan Constitutional Literacy Project - American University Washington College of Law". Wcl.american.edu. Retrieved 18 March 2017.
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