I have sent emails to candidates in two states [OK, and TX] recommending that the Constitution be a 1 semester required course for all 10-th or 11-th graders. I recommended that 15 weeks be spent on the Constitution, the Amendments, the Federalist papers and the founders and 3 weeks on case law. I believe that case law would have to be included to have a prayer of passing such a law. If case law were excluded, all progressives and many non-thinking centrists would simply line up against the proposed law and it would be defeated. Even the US Senate probes the support for "stare decisis" in judicial candidates and they always say they support it.
I am no lawyer but. I have a very strong belief in "original intent". Without elevating original intent to the paramount interpretation mechanism, a law written today would, by the following morning, have a different meaning [e.g. "to regulate commence ... among the several states" -- would today's interpretations of the "commerce clause" surprise our founders?] There would be no way for the legislature of today to communicate the meaning of a law tomorrow. We would not be a nation of laws, but a nation of feelings. Almost all agree that the "rule of law" is required to have a civil and peaceful society, yet, without "original intent" as the interpretive scheme, the "rule of law" becomes murky and subject to political interpretations. Eventually, the civil society will break down because the laws don't communicate anything to those who must obey them and those who must enforce them.
What would be useful would be to draft a letter, possibly here on this forum, and send it to legislators in all 50 states, DC, Guam, American Samoa and Puerto Rico. The goal would be, over time, to have all states and territories have a requirement for education about the Federal Constitution.
If such education had happened when we grew up, we wouldn't be creating groups like this. If such a movement has success, maybe the need for this group would vanish. I'm not sure in which grade such a course should be offered, nor am I smart enough to know that 15 weeks versus 3 is the right division [they reflect my best guess at what might pass as a law]. I do know that without universal Constitutional Education, we will drift farther and farther from what we all know to be right.
To make this proposal credible, well known educators and Constitutional scholars should publicly support it. I don't know any of those, but am willing to work on this project.
Idea and comments, anyone?
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Permalink Reply by C Entin on February 9, 2010 at 6:08am
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