Constitutional Literacy: A Twenty-First Century Imperative PDF
Preview Constitutional Literacy: A Twenty-First Century Imperative
CONSTITUTIONAL LITERACY A Twenty-First Century Imperative Christopher Dreisbach Constitutional Literacy Christopher Dreisbach Constitutional Literacy A Twenty-First Century Imperative Christopher Dreisbach Johns Hopkins University Baltimore, Maryland, USA ISBN 978-1-137-56798-7 ISBN 978-1-137-56799-4 (eBook) DOI 10.1057/978-1-137-56799-4 Library of Congress Control Number: 2016950640 © The Editor(s) (if applicable) and The Author(s) 2 016 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Cover image: © D. Hurst / Alamy Stock Photo Cover design by Samantha Johnson Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Nature America Inc. New York For America’s Peace Offi cers, the advance guard of constitutional protections. P REFACE The US Constitution matters. As the “supreme law of the land,” the Constitution is at the heart of civic life in the USA and central to the role that the USA plays on the global stage. In American civic life, p ublic offi cials enter their profession by swearing an oath to protect, preserve, and defend the Constitution. Non-sworn USA citizens and visitors often invoke the Constitution in word and deed. Sometimes these non- sworn invoke the Constitution intentionally as a premise in a statement or c onversation about their rights and responsibilities; sometimes these non-s worn invoke the Constitution implicitly when they vote, serve on a jury, or choose to obey or violate a law. The Constitution also stands fi rmly at the center of the USA’s involve- ment in world affairs: politically, socially, and economically. Never legally or morally free from the Constitution’s constraints, global representatives of the USA—whether from the military, business, politics, charitable organizations, or as private citizens—are bound by the Constitution and the laws it sanctions. All of this has been the case since New Hampshire was the ninth state to ratify the Constitution, in 1788. But thanks to the Internet and social media, more people than ever before have a chance to participate in the public conversation, whether it be about the community’s rights and responsibilities or the rights and responsibilities of the public offi cials who serve the community—and are members of it. In short, democracy has the chance to fl ourish in ways it could not have before the advent of the present technologies. vii viii PREFACE Because of the same technologies the moral and legal spotlight on USA government offi cials and other participants in USA civic life has never been brighter. Reports of someone’s deeds, especially if heroic or outra- geous, may “go viral” in an instant, with no thought to a presumption of the agent’s innocence or to getting the whole story. People may weigh into the public conversation with the possibility of a vast audience hearing, if not listening to, the contribution. At the same time, evidence suggests a pervasive lack of constitutional literacy among the sworn and non-sworn participants in USA civic life. In the absence of such literacy, fulfi llment of the oath to the Constitution, discharge of non-sworn civic responsibilities, or the exercise of legal rights have no guarantee of success. To be sure, even the most constitution- ally literate sometimes fail to act as they should or to construct a valid argument as to why one should act that way, but they are free from a lack of knowledge that compounds the problem. Thus, an increase in constitutional literacy is imperative on two levels: more people have to attain constitutional literacy, and even those with some degree of constitutional literacy could be more literate. Having said this, one faces at least the following questions: what is constitutional literacy? What evidence is there for its pervasive lack? So what—what value is there to constitutional literacy? How might one assess someone’s constitutional literacy? How might one promote or encourage constitutional literacy? Given the work on these questions so far, what relevant work lies ahead? The purpose of this book is to address these questions—in that order. The book is not primarily an attempt to add content to anyone’s consti- tutional literacy—there are many books that do this well. These books include annotated Constitutions, and such topics as American history, political and legal theory, and biographies of constitutional luminaries. This book offers some examples that might add to the reader’s repertoire, but the book’s primary purpose is to cast its vote for promoting constitutional literacy among sworn and non-sworn stakeholders in the Constitution. As a growing chorus attests, there is an urgency to this effort that makes better constitutional literacy imperative. A CKNOWLEDGEMENTS There are many people to thank for helping produce this book. First is Mireille Yanow, publisher at Palgrave Macmillan and a consummate pro- fessional with whom I have worked before. Her wisdom, enthusiasm, and kindness know no bounds. Second is my wife Rebecca, who took time out of her scholarly and professional pursuits to help me with mine. Rebecca’s help ranged from collecting and analyzing data and other information, suggesting better ways of making a point, and reading through the docu- ment for content, clarity, and consistency. Third is my friend, colleague, and constitutional mentor, Lawrence Coshnear, Esq. Larry has kept me well supplied with bibliographic and scholarly information that makes up a considerable portion of this book. Larry also offered invaluable sug- gestions for shaping my thought about this effort, noting especially the important difference between the anatomy of the Constitution and its physiology—the latter involving the Constitution put into practice. Fourth are all of my students from the world of public safety, who have let me try out on them many of my ideas for this book and who have taught me a great deal in return. Fifth is the Philosophy Group with whom I have met once a month since 1992. Like Larry Coshnear, a long-time member of this group, its members have patiently let me try out my ideas and develop my thoughts, and they have taught me a great deal in the bargain. Sixth is my friend Mark Komrad, MD, a polymath who graciously and frequently brings his intelligence and interests to bear in helping me re-right my scholarly efforts. He helped me see the difference between trying to add to one’s constitutional literacy and advocating for such an increase—with this book taking the latter tack. Seventh are the folks at The Evergreen ix
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