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Is Constitution Day Constitutional? Law School Asks
By Susan Jones
CNSNews.com Senior Editor
http://www.cnsnews.com/ViewNation.asp?Page=\Nation\archive\200509\NAT20050919b.html
(CNSNews.com) - A new federal law requires every American school that receives taxpayer funding to teach students about the U.S. Constitution on or around Sept. 17, the anniversary of the document's signing in 1787.
Since the nation's first official Constitution Day fell on a Saturday this year, some schools plan to observe the occasion this week instead.
The federal mandate does not specify what (or how) students should be taught about the Constitution; every school is free to come up with its own program or lesson plan.
New York Law School announced that it will comply with the requirement -- but with a contrary twist.
The school announced it will hold a panel discussion entitled, "Is Constitution Day Constitutional: Byrd-Brained Idea or Welcome Opportunity?"
Panelists will consider the constitutionality of the requirement for schools to present programs or distribute materials relating to the United States Constitution on or about Sept. 17 each year, and they will discuss potentially more appropriate ways to teach Americans about the Constitution.
The law school's panel discussion is scheduled to take place on Wednesday, Sept. 21.
The requirement to observe Constitution Day was inserted into a spending bill by Sen. Robert Byrd (D-W.Va.) and signed into law by President George W. Bush on Dec. 8, 2004.
The Department of Education said it does not plan to monitor or enforce compliance with the requirement, and some schools and legal scholars have questioned whether the national requirement -- essentially allowing Congress to act as a school board -- is constitutional.
According to New York Law School, the requirement "resembles a federally mandated educational curriculum -- a mandate that many people would argue is not actually permitted by the Constitution."
Sen. Byrd writes on his website that he carries a copy of the U.S. Constitution with him wherever he goes. "I refer to it and study its provisions every day-but what about you?" he asks.
"Without constant study and renewal of our knowledge of the Constitution and its history, we are in peril of allowing our freedoms to erode," Byrd says. "If we fail to understand the importance of the checks and balances between Congress, the Supreme Court, and the Executive Branch, we will not be in a position to know when these checks are threatened."
Byrd has described the enactment of Constitution Day as a highlight of his career, and a number of civic-minded groups have seized on the occasion to distribute free copies of the Constitution.
By Susan Jones
CNSNews.com Senior Editor
http://www.cnsnews.com/ViewNation.asp?Page=\Nation\archive\200509\NAT20050919b.html
(CNSNews.com) - A new federal law requires every American school that receives taxpayer funding to teach students about the U.S. Constitution on or around Sept. 17, the anniversary of the document's signing in 1787.
Since the nation's first official Constitution Day fell on a Saturday this year, some schools plan to observe the occasion this week instead.
The federal mandate does not specify what (or how) students should be taught about the Constitution; every school is free to come up with its own program or lesson plan.
New York Law School announced that it will comply with the requirement -- but with a contrary twist.
The school announced it will hold a panel discussion entitled, "Is Constitution Day Constitutional: Byrd-Brained Idea or Welcome Opportunity?"
Panelists will consider the constitutionality of the requirement for schools to present programs or distribute materials relating to the United States Constitution on or about Sept. 17 each year, and they will discuss potentially more appropriate ways to teach Americans about the Constitution.
The law school's panel discussion is scheduled to take place on Wednesday, Sept. 21.
The requirement to observe Constitution Day was inserted into a spending bill by Sen. Robert Byrd (D-W.Va.) and signed into law by President George W. Bush on Dec. 8, 2004.
The Department of Education said it does not plan to monitor or enforce compliance with the requirement, and some schools and legal scholars have questioned whether the national requirement -- essentially allowing Congress to act as a school board -- is constitutional.
According to New York Law School, the requirement "resembles a federally mandated educational curriculum -- a mandate that many people would argue is not actually permitted by the Constitution."
Sen. Byrd writes on his website that he carries a copy of the U.S. Constitution with him wherever he goes. "I refer to it and study its provisions every day-but what about you?" he asks.
"Without constant study and renewal of our knowledge of the Constitution and its history, we are in peril of allowing our freedoms to erode," Byrd says. "If we fail to understand the importance of the checks and balances between Congress, the Supreme Court, and the Executive Branch, we will not be in a position to know when these checks are threatened."
Byrd has described the enactment of Constitution Day as a highlight of his career, and a number of civic-minded groups have seized on the occasion to distribute free copies of the Constitution.
