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Protecting the greatness Americans have inherited

MCT

I am privileged to serve as the Chief Judge for the United States District Court for the Middle District of Georgia, with my duty station at the federal courthouse on 12th Street in downtown Columbus.

The Middle District is the largest judicial district in the state geographically. It comprises 25,000 square miles, occupies 70 counties, stretches from the South Carolina line northeast of Athens through the middle of the state through Macon down to the Florida line south of Valdosta, westward to the Alabama line, up the Chattahoochee River to Columbus. It is Georgia without Atlanta and the coast.

We have four active district judges -- two in Macon, one in Albany, and me in Columbus, who along with three senior judges presently, handle all of the federal cases that arise in this expansive district. We are assisted by three able Magistrate Judges, one of whom has his chambers here in Columbus, Steve Hyles.

We do not have the power of the purse or the sword. But it is remarkable that our official rulings are followed, at least until they are reversed by a higher court in the process. The judicial branch works because of the consent of the governed.

Why is that? Because that is a part of the genius of America. It is how our Founders imagined that a country based upon the concept of ordered liberty could survive for the long term. But such a system assumes that the people have a basic understanding of the fundamental pillars of our representative democracy.

There are indications that they do not, and worse, it seems that we are not doing anything about this civic ignorance. According to the Annenberg Public Policy Institute:

▪  A couple of years ago, two-thirds of Americans knew at least one of the judges on “American Idol,” but only 15% could identify the Chief Justice of the United States.

▪  Nearly three-fourths of Americans can name the Three Stooges, while that same 75 percent do not know the difference between a judge and a legislator.

▪  On nationwide civics assessment tests, two-thirds of students scored below proficiency. Not even a third of eighth graders surveyed could identify the historical purpose of the Declaration of Independence even though it is self-evident from its very name.

▪  The most concerning statistic may be that only about a third of Americans can name the three branches of government, let alone describe each branch’s role in our democratic society.

Think for a moment about the implications of this civics ignorance. Two of the three branches of government at the federal level are elected, and in almost half the states, the state judiciary is elected as well. And yet many persons who vote for these folks have not been taught what role their representatives are supposed to play.

How can you have meaningful discussion about whether a judge is doing a good job when you do not understand the distinction between a judge and a legislator? How can you meaningfully engage in civic affairs when you do not understand the role that the different branches play and the significance of the separation of powers?

Our republic depends on the will of the people. But it also depends on a will that is shaped by informed understanding. And we are not born with it. We must learn it. I believe it is incumbent upon all patriotic Americans to make sure we are teaching it.

Every September I swear in new Americans who have satisfied the requirements for citizenship. As part of their citizenship process, they are examined on what it means to be an American. Many of these new citizens, who were not born here, did not go to our schools, and did not have American parents, will have learned more about our history and our government than many of our native-born fellow citizens know.

That is both an inspiration and a shame. It is an inspiration that these new citizens want to be part of this great nation so much that they have gone to the trouble of learning about what it means to be an American citizen. It is a shame that so many who are blessed with the luck of having been born here have not, for whatever reasons, learned all that it means to be a fully engaged citizen.

I am sad to say that the state of Georgia continues to deemphasize civics education. Social studies, which includes civics, will no longer be tested on the statewide tests starting next year. It has been relegated to the back bench. Civics is no longer a year-long course. The state curriculum calls for cramming it into one semester in the 9th grade. Although it gives local systems an option to teach it for a year, most do not. They follow what the curriculum requires. Until last year, Muscogee County taught civics as a full year course. Starting this year, they have opted for the state minimum of a semester course.

Think about that. The reason we are Americans. Why our country was founded. How we have chosen to govern ourselves. Our responsibilities as citizens. We’ve determined that is only worth one semester in 9th grade. Plus an overview in 6th and 7th grades. And according to the information I’ve obtained, the students’ scores are not good.

We have become convinced that we must produce scientists, computer programmers and engineers. And certainly we must do that. We live in a technological world. We need students who have mastered math and science so they can get jobs in this modern economy. I do not suggest that calculus and geometry and physics should be deemphasized.

But regardless of how we make our livings, we also need informed citizens who understand how we govern ourselves in this modern, technological world. Who appreciate the historical foundation upon which we’ve built a representative democracy. And who realize their responsibility not only to themselves but to each other as informed fellow citizens.

Our failure to emphasize this to our students says a lot about what we value.

We have political candidates talk about “making America great again.” We have citizens who seem to be inspired when the American flag is raised. Most of us have a general appreciation for our military. But our students are not being taught what truly makes America great. What that flag symbolizes. Why our military is indispensable.

We are privileged to live in a country that was founded upon the idea of ordered liberty. That each of us has certain God-given rights. The right to be free. And that those rights do not derive from government, but that government is there to assure that we have the freedom to exercise those rights consistent with a respect for the rights of others.

Surely these ideas are as important as solving an algebraic equation or applying the Pythagorean Theorem. It is these rights that allow for us to use these technical skills to get a good job to provide for our families. We should not take them for granted. And I submit that the first step toward taking them for granted is consciously deciding that they are not important enough to teach to our children.

One program I recommend is an interactive computer approach developed under the leadership of former Supreme Court Justice Sandra Day O’Connor called “iCivics.” It engages young people through interactive computer games that are interesting, informative and fun. You can find it at iCivics.org.

I am not a doomsayer. We live in the greatest country on Earth. Our young people are amazingly bright and talented. But in my line of work, decisions are based on evidence. And substantial evidence exists that we are raising a generation who do not know the reason for the Declaration of Independence or the meaning of the Constitution. And quite frankly, it’s not just “Generation Z” or the Millennials, but it reaches into my generation, the Baby Boomers.

We need to get to work. If we truly believe America is great, we must teach the foundational values upon which that greatness rests. We must teach them around our dinner tables, and yes, we must insist that they be taught in our schools.

So I encourage you the next time you are able to sit down with your child or grandchild at supper, wrestle that electronic device away from them and engage them in conversation about America. After dinner, tell them you’ve found a “cool computer app” that has fun games and navigate them to iCivics.org. At the next PTA meeting or teacher conference, ask the school officials what they are teaching about the foundational values of America.

And when that candidate for the school board comes looking for your vote, ask them why civics is only a one-semester course and why they think that is a good idea.

When Benjamin Franklin departed the Constitutional Convention in Philadelphia, someone asked him: “What have you produced? He reportedly responded: “A Republic — if you can keep it.”

It is up to us to keep it. And we can do that only if we understand what it is that we are to keep.

Clay D. Land, a former member of Columbus Council who also served three terms in the Georgia Senate, is Chief U.S. District Judge for the Middle District of Georgia. This essay is adapted from an address to the Greater Columbus Kiwanis Club.

This story was originally published June 10, 2017 at 5:13 PM with the headline "Protecting the greatness Americans have inherited."

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