Education for democracy: a responsibility of the legal profession.

• Author: Pitts, Annette Boyd

"The death of democracy is not likely to be an assassination from ambush. It will be a slow extinction from apathy, indifference, and undernourishment."--Robert M. Hutchins

Reports published over the last decade document the American citizenry's limited knowledge of our government's structure and function as well as the institutions of democracy. A "nation of spectators," (1) we turn out to vote in low numbers, particularly our young people. Most Americans do not understand our most basic constitutional principles, and we are disengaging from civic and political institutions in increasing numbers. (2) What can be done to rebuild a healthy and vibrant democracy and encourage public trust, confidence, and support of its institutions?

What We Know

Democracy doesn't just happen. Educating our young people to be effective citizens is the historic mission of American public education. With their specialized knowledge of the Constitution and the justice system, attorneys and judges bear a special responsibility to participate in education for democracy efforts. In addition to contributing to the classroom, their efforts will help build long-term public support for the courts.

A recent survey conducted by the Justice at Stake Campaign, a nationwide, nonpartisan partnership of more than 30 judicial, legal, and citizen organizations, found that Americans who hold the most knowledge of the way the courts function are among the most likely to reject attempts to reduce the courts' powers. (3) The study further noted that "having an appreciation of the role of precedent, appeals, constitutional review, and other aspects of the courts appears to reinforce an appreciation for the courts and their role as constitutional guardians." (4) Ultimately, it is in the best interest of our democracy to share our knowledge of the courts with the public.

In December 2005, The Florida Bar conducted a poll to determine Floridians' knowledge of some basic democratic principles. The results reflected earlier findings of a national poll conducted by the American Bar Association. Fewer than 60 percent could identify the three branches of government, and less than half understood the concepts of separation of powers and checks and balances. (5)

An even more recent national survey, released by the Annenberg Public Policy Center at the University of Pennsylvania in September 2006, found one third of Americans were not able to identify even one of the three branches of government. (6) The survey, which analyzed public understanding of the judiciary and its relationship with the executive and legislative branches also revealed that just more than half of Americans believe the president must follow the Supreme Court's rulings. (7)

Americans report a desire to learn more about the courts and they want to learn from judges. Most Americans report that they most likely received their limited "education" on the courts in high school. Today, many students may only have one opportunity to learn about the courts through our public education system. Currently, in most school districts, this opportunity exists as part of a mandatory, one semester high school American government course that covers federal, state, and local government. This is not a lot of time for such an important subject.

The 2006 Florida Legislature added a new requirement for middle schools mandating a semester study of "state and federal government and civics education," (8) in which students will take three courses in social studies in middle school before advancing to high school. Under the new law, one semester of the social studies requirement must address civics.

Resources

The Florida Bar and The Florida Bar Foundation have long recognized the importance of law-related and civic education. Their support and funding have built one of the most respected programs in the country. The Florida Law Related Education Association, Inc., provides diverse programs and materials for students, teachers, and resource persons, such as lawyers, judges, and other government officials. Since its inception in 1984, the organization has worked tirelessly to advance law-related and civic education in grades K-12 statewide. FLREA has created multiple law electives for students at the high school level including constitutional law, court procedures, and international law.

Curriculum initiatives such as Project Citizen, We the People, mock trial, and moot court competitions supplement classroom experiences to provide hands-on opportunities for students to apply the law to their daily lives. As a result, students have influenced Florida legislation and public policy in an effort to solve community problems. And Florida high school students have repeatedly won national championships in constitutional academic competitions as an outgrowth of these opportunities.

One of FLREA's most recognized and effective programs puts...