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Federalist Papers, the Bill of Rights, and other historical
documents.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.