Chinn: A Civics Lesson for All of Us

Back to TopCommentsE-mailPrintBookmark and Share

iba-chinn-scott“Do you trust the courts to be an effective check on the executive and legislative branches given your view that the protections of the 4th and 5th Amendments have been inadequate to stop the creation of a ‘National Surveillance State’,” I asked.

“While we don’t think that Congress should pass a so-called ‘superstatute’ that preempts other federal and state laws establishing protections for individuals against the government and private actors, we do think that Congress, and not the courts, should take the leading role on balancing the competing interests at stake in the National Security State – for example, by curbing the reach of the Patriot Act,” responded the constitutional expert.

The setting was a classroom at George Mason University in Fairfax, Virginia on April 30. The event was the national finals of the We the People Competition, sponsored by the Center for Civic Education. I was a judge for that competition. The constitutional expert was a high school student from one of the 49 jurisdictions represented at the competition (47 states, the District of Columbia, and the Northern Mariana Islands).

So let’s start there – that this high school student, representing a panel of four students assigned to the topic of “Twenty-first Century Challenges to American Constitutional Democracy” was more articulate on the issue than most of the lawyers I know. And through the course of my two days judging the student panels, it is fair to say that this knowledgeable student wasn’t alone. Many of his peers from across the country met and exceeded what we would think even most enlightened Americans would know about the Constitution, the principles it is based on, and its historical application. Being a judge for a competition like this is one of the best things you’ll ever do to promote your faith in America and its values. (The other one is to take part in or observe a naturalization ceremony.)

For an appeal to your home state pride, you should know that the Indiana team (from Munster High School) finished a lofty fifth out of the 56 teams participating. Because they made it to the final round, they competed in a Congressional hearing room at the U.S. Capitol. Indiana has a strong network of We the People teams and the Indiana Bar Foundation coordinates this and other civic education programs around the state.

But there is something even more challenging on the horizon for civic education than the competition itself. You guessed it: funding. There is probably more money spent copying the paperwork for the Defense Reauthorization Act (seriously . . . it is $662 Billion in 2012) than it would take to fund every well-known civic education program in the country. Yet federal funding has been cut for civic education in recent years. (Next time someone tells you Congressional earmarks are always bad, think about losing the ones supporting civic education.) This has led to canceled and diminished programs and has also led to competition among civic education providers for precious grant dollars. Competitive grant funding may make sense for encouraging the development of the best ideas in new spheres or in ones needing reform. But does that really fit civics education? Don’t we want more organizations teaching more kids the things that renew American Democracy?

The American Bar Association too has a major commitment to promoting civic education, having established the ABA Commission on Civic Education in the Nation’s Schools in 2010. My sense is that this Commission is also caught up in the debates over funding. I respectfully submit that the Commission’s special advisor, former Supreme Court Justice Sandra Day O’Connor, is wrong when she excuses federal and state law makers for budget cuts to civic education programs arguing that civic educators should be doing more with less. I think we should challenge ourselves to do more with less, but that we should also just have more to do more with.

Above, I said that judging high school civic competitors and attending naturalization ceremonies were the two most affirming things to promote your faith in American values. The third, in my book, is a combination of the first two — judging high school civics competitors who are first-generation children of immigrants on a constitutional question regarding immigration. I got to do that over the national finals weekend. It was just one part of my civics lesson.•


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon