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Students, profs: Law to teach Constitution ineffective

June 27, 2005

A federal law passed last year designated a specific date that all schools must teach the Constitution, but some local residents say it's a "foolish" provision.

Congress passed a provision in 2004 stating that all federally funded schools must teach the Constitution on Sept. 17, the anniversary of the signing of the document in 1787, or risk losing money.

The U.S. Department of Education laid out plans to enforce the provision, said department spokeswoman Jo Anne Webb. It does not dictate to schools the content or specifics of their educational program, she said, but it does require them to offer resources that schools could use to create such programs.

Sen. Robert Byrd, D-W.Va., introduced the provision in Congress because he said he was frustrated the ignorance many Americans have about history.

"I hope that schools will develop many different, creative ways to enable students to learn about one of our country's most important historic documents," Byrd told The Associated Press.

But some students and professors say the provision infringes on MSU's tradition of academic freedom.

"Like most congressional proposals, it's foolish," said Harold Spaeth, professor emeritus of political science. "For congress to start prescribing curriculum is not a wise move."

Under the 10th Amendment, the federal government can't dictate what or when anything must be taught, and the education department's Web site underlines that point, saying matters such as the development of curricula and the setting of course requirements fall outside federal authority.

Dimarys Brito, an interdisciplinary studies sophomore, said the provision is not effective in the college setting, when most students have already learned most everything they need to know about the document in elementary or high school.

"If they want people to learn about the Constitution, they should get at them at an early age," Brito said.

Megan Engel, a mechanical engineering junior, said she agreed.

"I don't think you need a special day for the Constitution in your classes," Engel said. "It should be something that's already worked into them."

Spaeth, who taught constitutional law and politics at MSU, said the provision would be costly to supply some secondary technical or trade schools with faculty capable of teaching constitutional law.

"Are federal agents or employees going to wander around making sure such courses are taught?" Spaeth said. "It would take a lot of manpower, and given the conditions of the federal budget, the enforceability of it is very dubious."

The Associated Press contributed to this report.

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