Legislature(2013 - 2014)CAPITOL 106
03/27/2013 08:00 AM House EDUCATION
Audio | Topic |
---|---|
Start | |
HB162 | |
HB31 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | HB 31 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 162 | TELECONFERENCED | |
HB 31-CONSTITUTIONAL HISTORY CURRICULUM 9:40:40 AM CHAIR GATTIS announced that the final order of business would be HOUSE BILL NO. 31, "An Act requiring school districts to develop and require completion of a history of American constitutionalism curriculum segment; and providing for an effective date." 9:41:00 AM REPRESENTATIVE WES KELLER, Alaska State Legislature, would require the school districts to create a history segment based on American constitutionalism. Further, students would be required to pass the course as a condition of graduation. Granted, American history is already an integral part of the public education system, but while many schools offer history, it is not a requirement. He explained American constitutionalism as being consideration of the six seminal documents of American history, including the Declaration of Independence, the first state constitutions, the Articles of Confederation, the Constitution of the United States, the Federalist Papers, the Bill of Rights, and other historical documents. He stressed the importance of teaching the values of the U.S. Constitution in the public schools, in particular, during the six-year period and timeframe of America's history in which many documents were written. He said the greatest gift [in America] is freedom. REPRESENTATIVE KELLER pointed out the turmoil in Egypt, and its attempts to model democracy in recent years, with a great deal of difficulty. He offered that this illustrates the values found in the U.S. Constitution. Again, the source of human rights, the Declaration of Independence, clearly states that certain rights are self-evident, including life, liberty, and the pursuit of happiness. The source of U.S. rights is innate in the human being; however, he asked members to contrast this with Egypt's approach, which uses military power rather innate qualities of the Egyptian people. He turned to freedom of religion and offered his belief that the Egyptian constitution contains religious freedom for some Abrahamic religions such as Christianity and Muslim religions. However, people in the U.S. have the right to believe whatever they want to believe. He found freedom of expression and the equality of women absent in the Egyptian Constitution. To a great extent, Americans tend to take freedom for granted and many don't understand the three branches of government or the roles each one has in American government. He quoted Judge Walter Carpeneti's address and paraphrased comments, as follows: ...I would like to conclude today with an invitation to each of youlegislators and... anyone watching this speech to join me in the effort to instill in our young people the same knowledge and respect for the laws and institutions of our country that we are all privileged to share. Log on to civics.org and check out the games, web quests, and lesson plans for yourself. ... Thomas Jefferson said that "the qualifications for self government are not innate.... [T]hey are the result of habit and long training.". As we work together to advance costeffective justice, we must remember that the greatest guarantee of a strong future for all three branches of government is a citizenry that understands and embraces the fundamental principles of democracy. REPRESENTATIVE KELLER acknowledged that "mandating curriculum" is not a popular thing. Further, no cost is involved since there are countless sources on this topic. For example, one resource is civics.com. 9:48:48 AM REPRESENTATIVE P. WILSON suggested this bill creates an unfunded mandate. She understood a lot of information is available; however, some curricula are better than others. She wondered whether American constitutionalism sufficiently zeroes in on the course work required. REPRESENTATIVE KELLER explained the word "constitutionalism" is used to direct focus on the values. It doesn't say that the teacher's curriculum must take a particular "vent." While some may believe the U.S. Constitution is a living document others believe the U.S. Constitution is a solid document. The debate exists and this bill does not "go there." Instead, this bill will require students to examine the values the founders had when the documents were prepared. It assumes critical thinking by students and teachers of the source documents to civics today. 9:50:28 AM REPRESENTATIVE LEDOUX pointed out there is a zero fiscal note, but the committee has been discussing unfunded mandates. 9:50:36 AM REPRESENTATIVE SADDLER stated his support for HB 31. He said the public school is supposed to create good citizens. He recognized that Alaska is the port of call for many new Americans, ranging from Pacific Rim citizens to elsewhere. He emphasized the importance of offering this type of education in Alaska's schools. He recalled his own school experiences that may have placed him on the path to where he finds himself today. He related that his history teacher made him rephrase the U.S. Constitution, which forced him to understand it and awakened in him a respect for the U.S. system of government. He offered his belief that this bill would ensure students have an opportunity to learn about the essential elements of good citizenship. 9:51:36 AM REPRESENTATIVE SEATON said this bill does not appear to relate to teaching civics, constitutional law, or the Declaration of Independence, but rather the bill's constitutionalism speaks to the values of the people who created the documents. He understood it would not be the study of the documents. REPRESENTATIVE KELLER responded that it is presumed that the documents hold the information. REPRESENTATIVE SEATON recalled previous testimony [last legislature on a similar bill] that embodied the values of the people during the timeframe. He asked whether this new bill is different. He directed attention to page 2, line 4, of HB 31, which refers to a number of historical written documents that appeared over a span of 15 years. REPRESENTATIVE KELLER read page 2, lines 5-10, which read, as follows [original punctuation provided]: (4) a number of historical written documents that appeared over a span of 15 years continue to serve to define our national identity and our constitutional republic form of government: the Declaration of Independence, the first state constitutions, the Articles of Confederation, the Constitution of the United States, the Federalist Papers, and the Bill of Rights; a general understanding of the philosophies and historical contexts that generated those documents is an essential element in the education of Alaska students; REPRESENTATIVE KELLER asserted that this is a history mandate and not a civics mandate. He said the intent of the bill is to draw focus on the seminal documents that provide American values. 9:55:54 AM CHRISTINE HUTCHISON stated she is a teacher, who previously taught social studies in Montana. She offered her support for HB 31 and commended the introduction of the bill. She said in the fall classrooms observe Constitution Day, which is an excellent opportunity to bring the U.S. Constitution into the classroom. She suggested the bill could also allow additional focus in the upper grades, which is especially important since this is where voters come from. She said this could assist young people in feeling privileged to vote. In conclusion, she looked forward to this being tasked by the committee and the legislature. 9:57:52 AM STUART THOMPSON, stated support for HB 31, and paraphrased from a prepared statement. MR. THOMPSON said the American Constitutional Literacy Act should be passed. The destructive results in society for merely embedding elements of constitutional and government study in social studies classes shows up nearly everywhere. He also said public ignorance of individual citizens' power is the single greatest condition that enables corruption and eventual overthrow of a government. MR. THOMPSON asked members to consider a Thomas Paine quote, which he read, as follows: Reason and ignorance influence the bulk of mankind. If either of these can be rendered sufficiently extensive, the machinery of Government goes easily on. Reason obeys itself; and Ignorance submits to whatever is dictated to it. MR. THOMPSON offered to illustrate the constitutional illiteracy in this country. He said that both President Bush and President Obama in speeches and in conduct have asserted that the primary function of government is to protect the American people. While this is "feel good" and "compassionate", protection by definition and by the realities of application inherently entails the restriction or elimination of liberty by the elite. He offered his belief that the complete opposite of the theme of self-government is embodied in Lincoln's phrase, "Government of, by, and for the people." Population protection as the primary function of government completely contradicts U.S. founding documents, he said. He referred to the Federalist papers, number 51, which read, "Justice is the end of government. It is the end of civil society. Justice is not the vicious savagery of retaliation and revenge, but the instrument developed by civilization to address writing abuses of liberty through due process and the pursuit of truth." He asserted that the pursuit of happiness and inalienable rights per the Declaration of Independence is naturally empowered by liberty and justice according to the political theories of our founders. Even the U.S. Pledge of Allegiance embodies this foundation principle, with the phrase, " ... with liberty and justice for all." He asked members to consider what future this country has when even Presidents show their virtual incomprehension of the meaning of even the U.S. Pledge of Allegiance and no one calls them on it. He asked what future this country has when educators commit virtual educational treason by treating the study of the constitutional study of our government as static, just to justify superficial coverage of it in a social studies curriculum of public schools. In conclusion, he asked members to pass this bill. 10:01:42 AM CHAIR GATTIS, after first determining no one else wished to testify, closed public testimony on HB 31. 10:01:49 AM REPRESENTATIVE SEATON directed attention to page 2, lines 25-26 to the "curriculum segment" and the graduation requirement in HB 31. He asked for the definition of a "curriculum segment" and the length of time span, such as whether it would be a year-long class, a semester class, or a portion of a civics class. REPRESENTATIVE KELLER said the bill would allow the superintendent and local district to make the determination of on the "curriculum segment." 10:02:49 AM REPRESENTATIVE REINBOLD offered her support for HB 31. She said it is very important and this subject is worthy. 10:03:06 AM REPRESENTATIVE P. WILSON moved to report HB 31 out of committee with individual recommendations and the accompanying fiscal notes. 10:03:18 AM REPRESENTATIVE SEATON objected. He asked to revert to prior discussions on the topic. He understood the topic of the course includes the documents and an understanding of the documents, but not the values and the morals of the people at the time the documents were drawn. For example, the morals [at the time the Declaration of Independence was written] would have included slavery, indentured servants, and women not having the right to vote. Fortunately, he noticed the Bill of Rights is included in this version of the bill. In conclusion he asked to have on the record HB 31 refers to completion of a history of American constitutionalism curriculum segment, which entails the documents and contents, but not just the philosophies of the people who created the documents. REPRESENTATIVE KELLER was uncertain about previous testimony in question since this is the first hearing for this bill. He recalled that last legislature a similar bill was introduced; however, he offered his belief that the specific bill also included the Bill of Rights. He did not understand the distinction between the values and morals of the people involved and the values found in the seminal documents. He said the bill's purpose is the values found in the documents related to human government. 10:04:58 AM REPRESENTATIVE SEATON removed his objection. There being no further objection, HB 31 was reported from the House Education Standing Committee.