When Students Ask Constitutional Questions: Why Civic Education Cannot Wait
Adam Strom urges educators to confront difficult truths, empower students with constitutional knowledge, and protect the integrity of our democracy.
By Adam Strom
Recently, a teacher told me about a student who asked if immigrants were protected by the U.S. Constitution. This fundamental civics question jumped from headlines into this student's life—yet the teacher couldn't answer it. It was time for a civics class. For this student. For this teacher. For all of us.
Democracy's Test
Today's civics questions about due process, rule of law, and separation of powers aren't hypothetical—they're current events. Despite a decade of bipartisan efforts strengthening civics education, with 38 states now mandating civics courses, recent movements targeting "controversial" topics have cast shadows over classrooms in at least 26 states.
The stakes couldn't be higher. With 26 percent of K-12 students from immigrant families (nearly 90 percent being U.S. citizens), many are afraid as stories of deportation letters spread. Meanwhile, educators report disturbing trends: students parroting anti-immigrant rhetoric, telling peers to "pack their bags," or joking that wrong answers merit "deportation." This toxic environment undermines education and erodes democracy.
Today's civics questions about due process, rule of law, and separation of powers aren't hypothetical—they're current events.
Finding Constitutional Answers
I couldn't leave that student's question unanswered. I called a constitutional scholar who explained that while the first 13 amendments restrict government actions without specifying who's protected, the 14th Amendment is clear: "No State shall ... deny to any person within its jurisdiction the equal protection of the laws." The Fifth Amendment similarly protects "No person ..." not just citizens.
The Supreme Court has repeatedly affirmed these protections in cases like Yick Wo v. Hopkins (1886), which established that the 14th Amendment protects "all persons," and Plyler v. Doe (1982), securing undocumented children's right to public education. These cases provide concrete examples for discussing complex constitutional concepts like equal protection, due process and the scope of rights in a democracy.
Few educators feel prepared to have these conversations with students, and fewer feel safe enough to try. Relevant civics education takes courage—courage that's hard to summon when you fear attack.
Relevant civics education takes courage—courage that's hard to summon when you fear attack.
The Cost of Educational Silence
Steering away from controversy might feel safe in the short term, but it's terrible for democracy in the long term. I think about my mother who grew up during Jim Crow Memphis. Teachers maintained deliberate silence about racial inequities happening outside classroom windows—never discussing "colored water fountains" or segregated bus seating.
This educational conspiracy of silence left her unable to process the profound unfairness she witnessed daily. Years later, reflecting on her education, she wrote, "My teachers did not trust us with the complexities of history—the dogmas were more secure, more comfortable. My classmates and I were betrayed by that silence."
A Call for Courage
Now is the time for bipartisan coalitions to double down on civics education's importance. Instead of surrendering to partisan pressure, we must clearly articulate why engaging with controversial current events is a foundational civic skill.
School administrators must model the civic courage we hope to instill in students by creating forums for respectful dialogue. Advocacy groups must provide legal resources for educators navigating restrictive legislation and fund curriculum and professional development addressing contemporary issues within existing frameworks. Individual teachers must remember that civics education isn't optional but central to our democratic mission.
The question isn't simply whether immigrants are protected by the Constitution—it's whether we're willing to confront essential questions directly and equip students with knowledge to stand up for democratic principles.
The Democracy Our Students Deserve
I keep thinking about the student who asked if immigrants are protected by the Constitution. She had the courage to voice a question central to her identity in America. Our response as educators must match her courage. When students reach across headlines to find meaning in their lives, they're showing us the essence of civic engagement.
The question isn't simply whether immigrants are protected by the Constitution—it's whether we're willing to confront essential questions directly and equip students with knowledge to stand up for democratic principles. That student deserves nothing less than our full commitment to the truth, however complex. Students’ faith in our democracy depends on it.
About the Author
Adam Strom has spent his entire educational career working to create communities of belonging within and outside the classroom. He is the executive director of Re-Imagining Migration, an organization whose mission is to advance the education and well-being of immigrant-origin youth, decrease bias and hatred against young people of diverse origins, and help rising generations develop the critical understanding necessary to build and sustain welcoming and inclusive communities.
Constitution Day Activities and Lesson Plans
The Share My Lesson team has selected a variety of free lesson plans, educational resources and classroom materials to support you while celebrating Constitution Day with your students.
Educating for Democratic Citizenship
The Shanker Institute in partnership with the American Federation of Teachers, Share My Lesson the and the AFT Innovation Fund has launched this Educating for Democratic Citizenship Project whereby a group of accomplished, experienced AFT educators have developed these Action Civics lessons and materials that we hope will improve teaching and learning of American History, Government, and Civics for teachers and students.
Re-Imagining Migration's mission is to advance the education and well-being of immigrant-origin youth, decrease bias and hatred against young people of diverse origins, and help rising generations develop the critical understanding and empathy necessary to build and sustain welcoming and inclusive... See More
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