Each of Us Has a Role to Play in Improving Civic Literacy
C. Ronald Baird
Baird, Lightner, Millsap & Harpool, PC
Springfield
If you have ever watched late night television, you may have encountered Jay Leno and his “Jaywalking” segment on certain issues. One of those segments involved civic education, and the following are just a few examples of responses to Jay’s questions from persons representing different educational levels and occupations:
Supreme Court Justices are elected for four-year terms and their campaigns can get pretty nasty.
What is the First Amendment? Answer: “Don’t cheat on your wife.”
What is the Second Amendment? Answer: “Love thy neighbor.”
What are the first three words of the U.S. Constitution? Answer: ”In the beginning.”
Who wrote the Star-Spangled Banner? Answer: “Abraham Lincoln.”
These answers, while humorous, are also troublesome. I am asking you, as members of this great profession, to consider what you can do to fulfill one of your primary duties as a lawyer – to ensure the continued civic education of our citizens.
We all know the vital role of education in our society. In the words of Alexis de Tocqueville: “It cannot be doubted that in the United States the instruction of the people powerfully contributes to the support of the democratic republic….” It is certainly true that education ensures the liberties that the Founding Fathers visualized so many years ago. Lawyers have always played an essential role in ensuring the liberties of this great country. What role can we play today? It only takes a few examples of what lawyers have done in this country’s history to illustrate our need to be involved and to remain involved.
The Declaration of Independence set forth injustices visited upon the people of America by a powerful country. The primary draftsman and promoter of that document was Thomas Jefferson. Twenty-five of the 56 signers of the Declaration of Independence were lawyers. The construction and wording of the Constitution of the United States of America and the Bill of Rights was done in great part by James Madison. These documents have stood the test of time and serve today as examples throughout the world. James Madison also authored the Federalist Papers in an attempt to lead this fledgling country to greatness.
Thirteen of the first 16 Presidents of the United States from George Washington to Abraham Lincoln were lawyers. These lawyers devoted themselves to public service, helping our country establish its foundation. We should be sensitive to the fact that these were not easy times.
On occasion, we need to remind ourselves, as we drive to work, appear for a hearing, or meet with clients, that we are setting the standard by which the general public judges our legal system. We are the ones who demonstrate that our system is the best in the world as it provides equal access for the rich and the poor, the strong and the weak, and individuals and large corporations.
Our forefathers understood the important role that justice plays in our system of democracy. In 1770, British soldiers were charged with the murder of unarmed civilians in an event now known as the Boston Massacre. John Adams took up the defense of this very unpopular cause because he understood that justice is necessary for a vibrant democracy.
During times of conflict, lawyers have always helped lead us. Patrick Henry rallied the country to arms against the invading British army, with his often repeated words that expressed what so many others came to feel about choosing liberty or death. He was more than a wordsmith; he was a lawyer. During the Civil War, President Lincoln labored hard and long to preserve the democracy and the country. At the forefront of the civil rights battle, Thurgood Marshall took up the cause.
You can cite examples better than I – examples of lawyers leading the way in your community, places of worship, civic groups, providing leadership during difficult times and in many other ways. I believe that the lawyers of this state have as one of their primary responsibilities a role in the area of civic education. Wasn’t it once required that the inspiring language of the Declaration of Independence, the preamble to the Constitution and Lincoln’s Gettysburg Address, be committed to memory? It took effort and discipline to take these words from the pages of history and to make them part of our contemporary lives. It still does and always will.
A recent American Bar Association survey of this nation’s adults showed that only 55 percent of those surveyed could name the three branches of government. The survey also showed that while 82 percent of U.S. adults believe the constitutional concept of separation of powers is important, fewer than half understand the concept of “separation of powers.”
The need for more effective and more extensive civic education has reached the national level. Former U.S. Supreme Court Justice Sandra Day O’Connor has been appointed as an honorary co-chair to the Commission on Civic Education and Separation of Powers. She has warned that a lack of knowledge about the distinct roles of the three branches of government can have very real world consequences. Potential problems can be seen when you find such results as:
• Only 17% of 18-25-year-olds voted in the 2000 and 2004 elections. (CNN)
• More young people know where the Simpsons live than know that Washington, D.C. is the capital of the United States. (National Conference for State Legislatures [NCSL])
• More young people know who Leonardo DiCaprio is than President George W. Bush. (NCSL)
• Only half our young people believe that it is necessary to pay attention to politics and government to be a good citizen. (NCSL)
The Missouri Bar has always focused on civic education. Several of its programs provide teachers with the tools to educate the students of Missouri. Its law-related education program is nationally known, and its websites, www.mobar.org and www.ShowMeCourts.org, provide adults and students with a wealth of information concerning our judiciary system. The bar’s Advisory Committee on Citizenship Education does great work throughout the state. This year, The Missouri Bar developed a statewide program for Constitution Day on September 18, 2006 – an Internet TV broadcast with supporting lesson plans for schools. A similar program is planned for Bill of Rights Day in December.
Research shows that 18-25-year-olds who have had an “effective” civic education are more likely to vote, to run for public office, debate the issues (a key to our society’s democracy) and to do volunteer work in their communities. As for those who don’t have an effective civic education? We cannot afford to become a nation that consists of “Jaywalkers,” strolling through life without a firm grasp of our civic heritage.
It will take more than an array of bar-organized civic education programs to prepare this and the upcoming generations of Americans for the responsibility of self-government. Every bar member has something that too many of our fellow Missourians may not – a clear understanding of the rule of law and the principles that are the foundation of our government. You may not see yourself as a teacher, but the need for lawyers to actively engage in the educational process in their communities couldn’t be greater.