Legal Commentary

I hope that the Prawfs community, bloggers and readers alike, are enjoying a lovely holiday weekend.

I?ve been offline for a while, but I have been collecting a few topics of interest, about which I?ll post in the next few days. The first is a report by the Intercollegiate Studies Institute (ISI) chronicling the seeming incompetence of Americans, college educated and not, in relating basic facts in American history. (Chronicle.com subscribers can see a summary here.) The report?s findings are based upon user-provided data from this quiz, which uses a multiple-choice format to inquire as to knowledge of the content of important documents, speeches, and eras in U.S. history. According to the ISI, over 1,700 of the 2,500 randomly selected test-takers failed; the average score was a dismal 49% (overall; the average for college graduates was also a failing 57%). Elected officials scored even lower, averaging 44%; the statistics about elected officials taking the quiz included such gems as the fact that nearly 1/3 were unaware that the inalienable rights referenced in the Declaration of Independence are life, liberty and the pursuit of happiness. To be sure, it?s a small sample, if a telling one (in a country in which 1/3 of high-school kids couldn?t find Louisiana on a map after Katrina, we perhaps should not be surprised that the branches of government are still a mystery to some). But are Americans really as woefully ignorant as these results indicate (and as an aside, would most fail the new citizenship test)?

Maybe, although I?m not sure this quiz is the best barometer. In reviewing it, I was struck by a couple of things. First, the last several questions are searching for ?knowledge? that is unrelated to civics lessons as one might define that concept?the study of U.S. history, government, and the rights and duties of citizens, for example. Second, those questions are also arguably geared toward a particular mindset or ideology: One question asks about the effect of international trade and specialization; another inquires as to what ?fiscal policy combination? is most likely to be used to stimulate the economy in a recession. I?m guessing that at least a few reasonable minds would disagree as to the proper responses to those questions.

That said, I do think that one thing the quiz results indicate is the need for consistent, thorough lessons in political history and basic constitutional enumerations at the high school level and, in my opinion, a broader commitment to liberal arts education in the university setting. (I?d also add a global component, but that?s a topic for another post.) Is it a pipe dream to want a bevy of citizens who are well versed in basic facts like the topic of the Scopes Trial? Or is it a professional/personal bias to think such a fact is basic?or that it is something that most Americans should know?