School Principal Leadership and Special Education Knowledge
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School Principal Leadership and Special Education Knowledge
"■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York Law School Principal Leadership and Special Education Knowledgew School, richard.bernstein^bnylM*duFollow this and additional works at: http://digitaIcommons.nyLs.edu/fac_articles_chapters Ò* Part of the Constitutional Law Commons, Courts Commons, and the Supreme Court of the United States CommonsRecommended Citation87 Colum L. Rev. 15Ó5 (1987)Ulis Article is b School Principal Leadership and Special Education Knowledgerought to you tor tree and open acccw by the Faculty Scholanhip it PigítilCcnunonsộíNYLX It has been accepted for inclusion in Article* & Chapters bySchool Principal Leadership and Special Education Knowledge
an authorized administrator of PijptalCommon*tif.'in,S.COLUMBIA LAW REVIEWVOL. 8732112NO. 8REVIEW ESSAYCHARTING THE BICENTENNIALRichard B. Bernstein*O"■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York Law School Principal Leadership and Special Education Knowledgenity to evaluate prevailing currents in American scholarship, and to indicate new directions for research. At the same time, they are occasions for the general public to celebrate pivotal moments in American history and reaffirm enduring American values. Although these two enterprises need not come School Principal Leadership and Special Education Knowledgeinto conflict, they often do. As a result, we regularly lose valuable opportunities to build bridges—that is, to inform the general public’s understanSchool Principal Leadership and Special Education Knowledge
ding of what they are celebrating by reference to the work of the scholarly community.The bicentennial of the United States Constitution has suffered "■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York Law School Principal Leadership and Special Education Knowledgemerican Political Science Association) and research institutions such as the Library of Congress, The New York Public Library, Columbia University, and the New-York Historical Society, as well as the recent work of individual scholars. Such scholarly efforts are collectively the exception rather tha School Principal Leadership and Special Education Knowledgen the rule. More representative of the♦ Historical Consultant, New York City Commission on the Bicentennial of the Constitution; Co-Curator, ConstitutSchool Principal Leadership and Special Education Knowledge
ion Bicentennial Project, The New York Public Library (1984-87); doctoral candidate in history, New York University. B.A., Amherst College, 1977; J.D."■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York Law School Principal Leadership and Special Education Knowledgeon (1987).Kym s. Rice, Professor Gordon s. Wood, Professor Thomas c. Mackey, Seth Agata, D. Graham Combs, Maureen K. Phillips, and Edward Rime provided invaluable advice and comments on this Review Essay and on matters it discusses. Special thanks are due to Professors William E. Nelson, John Philli School Principal Leadership and Special Education Knowledgep Reid, and John E. Sexton of New York University School of Law, and to the NYU Legal History Colloquium. I particularly want to acknowledge the contrSchool Principal Leadership and Special Education Knowledge
ibutions and assistance of Barbara Wilcie Kern, who suggested the title of this Article and subjected it to rigorous line-by-line editing in the inter"■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York Law School Principal Leadership and Special Education Knowledge the Constitution, for his encouragement and support.The views expressed in this Review Essay are those of the writer and should not in any way be taken as an expression of the views of either the New York City Commission on the Bicentennial or The New York Public Library.1566COLUMBIA LA w REVIEW [V School Principal Leadership and Special Education Knowledgeol. 87:1565depth and accuracy of discourse about the Constitution generated by the Bicentennial is the foreword by former Chief Justice Warren E. BurgSchool Principal Leadership and Special Education Knowledge
er to the “official” Bicentennial edition of the U.S. Constitution:In the last quarter of the 18th Century, there was no country in the world that gov"■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York Law School Principal Leadership and Special Education Knowledgeesult was taken with the Declaration of Independence in 1776, which was followed by the Constitution drafted in Philadelphia in 1787; and in 1791 the Bill of Rights was added. Each had antecedents back to Magna Carta and beyond.The work of 55 men at Philadelphia in 1787 marked the beginning of the e School Principal Leadership and Special Education Knowledgend of the concept of the divine right of kings. In place of the absolutism of monarchy, the freedoms flowing from this document created a land of oppoSchool Principal Leadership and Special Education Knowledge
rtunities. Ever since then discouraged and oppressed people from every part of the world have made a beaten path to our shores. This IS the meaning of"■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York Law School Principal Leadership and Special Education Knowledgetory and civics lesson for all of US. This lesson cannot be learned without first reading and grasping the meaning of this document—the first of its kind in all human history?Appearing as it does over the signature of the former Chief Justice of the United States, this Foreword is clothed with great School Principal Leadership and Special Education Knowledge ostensible authority. Closer examination reveals that it is riddled with errors of fact and questionable interpretations that exaggerate the ConstituSchool Principal Leadership and Special Education Knowledge
tion’s uniqueness, distort its origins and significance, and paper over its shortcomings and those of American history in general. For example: To dec"■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York Law School Principal Leadership and Special Education Knowledge to forge an American union culminating in the Articles of Confederation, and of state constitution-making in the 1770s and 1780s that contributed to the development of American ideas of constitutional government and specified features of the Constitution.1 2To claim that “the work of 55 men at Phil School Principal Leadership and Special Education Knowledgeadelphia in 1787 marked1Burger, Foreword to Constitution of the United States of America; (rev. ed. 1987).2On state constitution-making, see w. Adams,School Principal Leadership and Special Education Knowledge
The First American Constitutions (1980); D. Lutz, Popular Consent and Popular Control (1980); R. Bernstein with K. Rice, Arc We To Be A Nation? The M"■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York Law School Principal Leadership and Special Education Knowledger Die**: Intercolony Relations, 1690-1763 (1971); R. Newbold, The Albany Congress and Plan of Union of 1754 (1955); see also R. Bernstein with K. Rice, supra, 11-16. On the Articles of Confederation, see M. Jensen, The Articles of Confederation (1940); J. Rakove, The Beginnings of National Politics School Principal Leadership and Special Education Knowledge143-91 (1979); R. Bernstein with K. Rice, supra, 16-42.1987]CHARTING THE BICENTENNIAL1567the beginning of the end of the concept of the divine right oSchool Principal Leadership and Special Education Knowledge
f kings” ignores more than a century of English constitutional history, including the Civil War and Commonwealth and the Glorious Revolution— events a"■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York Law School Principal Leadership and Special Education Knowledgeto the establishment of a government with “separated and divided powers providing checks and balances on the exercise of authority by those who governed” that includes the Declaration of Independence and the Bill of Rights incorrectly implies that these documents directly contributed to the developm School Principal Leadership and Special Education Knowledgeent of ideas of separation of powers and checks and balances, and mistakenly implies that this result was the sole significance of the Revolution andSchool Principal Leadership and Special Education Knowledge
the framing and adoption of the Constitution."■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York Law"■mraSroot.digitalcommons.nyls.eduFaculty ScholarshipArticles & Chapters1987Review Essay: Charting the BicentennialRichard B. BernsteinN'i’k' York LawGọi ngay
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