Tag Archives: Constitution

There Are No Schools In New Carolina

In the imaginary state of New Carolina, there are no public schools. The citizens and the state legislature have decided that general public education is not a worthwhile use of limited resources, so they’d rather not be bothered with it. Anyone who wants to go to school has to go to a private school or get a tutor. The state will have to pass up any federal education dollars, but that’s okay: there aren’t any schools to fund with it so it’s a wash anyway.

Under the United States Constitution, New Carolina isn’t doing anything wrong.

The Constitution is the articulation of our country’s fundamental rights and the basis upon which we hammer out the contours of those rights by litigating individual cases in federal courts. In these cases, the role of the courts is to interpret the language of the Constitution: What exactly is included in the right to vote? When do you have a right to a jury trial? What’s covered by a right to privacy? States are free to add protections in their own constitutions, they just cannot sink below the minimum guaranteed in the federal constitution.

A 1972 school finance case, San Antonio v. Rodriguez, established that there is no federally protected fundamental right to education in the United States. Rodriguez has been challenged over and over again, but it’s a durable Supreme Court precedent.

Two cases, one in Michigan and one in Rhode Island, have taken up unique but related arguments in favor of recognizing a fundamental federal right to education.  The first, in Michigan, argues that while there may not be a right to education, there ought to be a right to basic literacy. In Rhode Island, the lawsuit argues that the federal courts should recognize a right to the minimum skills needed for basic civic participation. In both cases, the plaintiffs — students challenging the inadequacies of their states’ education programs — are aiming to get federal recognition of a baseline for what schools must provide. A win in a case like this would mean that New Carolina would have to find a way to provide all of its young people with some minimum standard of education, a standard that many existing school systems struggle to meet.

Both cases are moving through the federal courts, and it remains to be seen whether one (or both) will make it up to the U.S. Supreme Court for review. In any case, both cases have the potential to radically alter the relationship between state and local school systems and the federal constitution.

It’s important to note that some real New Carolinas do, in fact, exist. There are a number of places in this country where some of our most vulnerable students are legally denied access to the education programs that they would otherwise be able to participate in: juvenile justice facilities and immigration detention. In some of these places, education programs are diluted versions of local schools. In many of them, “education” consists of a packet of worksheets or some online tutorials. And in others, there is simply no school at all.

If the plaintiffs in either Michigan or Rhode Island prevail, that may change.

Civics Education Isn’t About Content or Activism — It’s Both.

Today is Constitution Day and Citizenship Day, observed each year to commemorate the signing of the Constitution on September 17, 1787 and “recognize all who, by coming of age or by naturalization, have become citizens,” according to the Library of Congress. It makes for a good occasion to reflect on the state of civics education in America, a topic that has received renewed focus since the 2016 presidential election.

One question that is often debated in this conversation is whether civics education should focus on teaching content and critical thinking skills, or encouraging civic engagement and activism. This presents a false choice, as schools should be responsible for ensuring that students are both adequately informed and sufficiently engaged — not one or the other.

One side of this debate contends that civics education should first and foremost provide students with a basic understanding of how the American political system works and teach them how to think about political issues. Under this approach, students should develop a well-informed understanding of all sides of an issue, including the underlying facts and proposed solutions, only venturing into political activism once they have mastered the necessary knowledge and skills.

This approach is well intended: it is important to cultivate a citizenry capable of robust debate that honestly grapples with the benefits and tradeoffs associated with each issue. And improvement is certainly needed, based on students’ poor performance on the National Assessment of Educational Progress (NAEP) civics assessment, which measures “the civics knowledge, skills, and dispositions that are critical to the responsibilities of citizenship in America’s constitutional democracy.” According to the most recent civics assessment, last administered in 2014, only 23 percent of eighth grade students scored at or above the proficient level. In 2010, when NAEP last tested high school seniors in civics, only 24 percent scored at or above the proficient level.

However, neither of these results has changed significantly since 1998, and it’s not as if older voters — who vote at much higher rates than younger voters — are necessarily bastions of civic knowledge. For example, according to the most recent results from the Annenberg Public Policy Center’s annual civics survey, released last week, fewer than one third of Americans can correctly name all three branches of government, and many also lack important knowledge about how each branch functions.

Source: Annenberg Public Policy Center

Additionally, civic engagement, particularly voting, is not just about making a well-reasoned choice between two or more options. It’s also a way of demonstrating political power. When young people aren’t engaged, they are leaving their figurative voice out of the political conversation, meaning the issues they care about may receive less attention, and policies that affect young people may be enacted without their input. Our education system should have a strong interest in empowering young people and starting them on a path of self-advocacy.

Source: United States Elections Project

While the goal of civics education should be to both adequately inform students and get them engaged in the political process, it’s clear that we aren’t doing a good enough job on either front. This isn’t surprising when you consider how little time is spent on civics education. Based on a recent analysis from the Center for American Progress, 40 states require coursework in U.S. government or civics. While nine states require one year of such coursework, 31 only require a half-year, and 10 states have no requirement at all.

If we want to ensure that the next generation of citizens is sufficiently prepared for civic life, we need to commit the necessary time and resources — certainly more than one semester. We should view this Constitution Day and Citizenship Day as an opportunity to rededicate ourselves to the civic mission of schools.

Can You Name the Branches of Government? Most Americans Can’t.

Today is Constitution Day, a holiday commemorating the formation and signing of the U.S. Constitution on September 17, 1787 — 230 years ago. As “a nation of immigrants,” America’s national identity is largely tied to our founding documents, endowing the Constitution with a unique importance in American culture. However, many Americans know little about this document that we are supposed to support and defend.

Last week, the Annenberg Public Policy Center (APPC) of the University of Pennsylvania released its Constitution Day Civics Survey, with dismal results. Only one in four respondents were able to name all three branches of government, a 12-point decline since 2011. Shockingly, 33 percent could not name a single branch.

The survey also asked respondents to identify which rights are guaranteed by the First Amendment. While nearly half (48 percent) were able to name “freedom of speech,” only 15 percent could name “freedom of religion.” Even fewer respondents identified the other rights (freedom of the press, right to petition, and right of assembly). Thirty-seven percent couldn’t name any.

Kathleen Hall Jamieson, director of APPC, expressed her concern: “Protecting the rights guaranteed by the Constitution presupposes that we know what they are. The fact that many don’t is worrisome.”

Perhaps, in prior years, this warning may have seemed overblown. But in the Trump era, amid a seemingly constant slew of anti-democratic rhetoric, it feels right on the nose. For example, when asked whether those who are in the country illegally have any rights under the Constitution, 53 percent of APPC’s respondents disagreed. In this context of widespread ignorance and misinformation, the United States has seen an uptick in hate crimes associated with the rise of President Trump, beginning in 2015, persisting into 2016 and 2017, and culminating in the violence of the “Unite the Right” rally of white nationalists in Charlottesville last month.

Luckily, some states are taking action to bolster the civic knowledge of their students. For example, over the past three years, 17 states have adopted a “citizenship test” requirement for high school students. In eight of those states, students must receive a passing score on the test to receive a high school diploma. The questions are drawn from the the United States Citizenship and Immigration Services (USCIS) naturalization civics test, which immigrants must pass to become legal U.S. citizens.

This is a good first step, but it is far from sufficient. The test is not designed to be a high school civic literacy exam. It sets a low bar, with basic multiple-choice questions that ask test-takers to identify one branch of the government, or know how many amendments have been made to the Constitution. The simplicity is reflected in the initial test results, with very high passage rates and few students failing to pass the test after repeated attempts.

However, such a test is only one tool available to policymakers. They can design and administer higher quality civics assessments; implement robust standards and curricula for civics instruction; and provide real-world, project-based opportunities for students to learn about government and civic engagement. For example, New Hampshire passed legislation in 2016 requiring a civics test. But, rather than simply implementing a citizenship test for high school students, the legislation allows for the creation of locally developed assessments that can include a broader range of questions. Additionally, the state created a recognition for students who pass the required test by authorizing school districts to issue civic competency certificates.

New Hampshire Senator Lou D’Allesandro, a former civics teacher who sponsored some of the state’s legislation, summarized the issue well: “We always complain, ‘people don’t know anything about the system, they don’t get involved, they don’t vote.’ Well, they don’t vote because they don’t understand the importance of voting and how meaningful it is to participate in the process.”

If America wants to protect our constitutional rights and democratic ideals, we must ensure that our next generation of citizens are knowledgeable and engaged. That starts in the classroom.