Strengthening Democracy

  • Federal Policy And Tribal Sovereignty

    In honor of Constitution Day (September 17th), this blog series invites teachers and leaders in the field of civics and democracy education to address the question: Why is it important to teach the Constitution? Our guest author today is Jordann Lankford-Forster. an educator and an IEFA instructional coach for Great Falls Public Schools in Great Falls, Montana. Jordann is A’aniiih and Anishinaabe, and her A’aniiih name is Bright Trail Woman. Other posts in this series can be found here.

    American Indian Federal policy has historically played a significant role in tribal sovereignty. This is always a difficult subject to explain because it is so multifaceted. Prior to colonization, tribal sovereignty was exercised absolutely, with tribes interacting on a government-to-government basis, and under total self-sufficiency. Today, major contributing factors to achieving total sovereignty include location, access to resources, and relationship status with the Federal Government. It is important to remember that tribal sovereignty—or the ability to remain separate and independent—looks different for every tribe. As (the 574) tribes and individual American Indians navigate their future, the Constitution is continually referenced as a means to gain a strong foothold within the country that we now know as the United States of America. 

    I teach in a small district in Great Falls, Montana. Our student population is 16.5 percent American Indian and 44 different tribes are represented within our school system. My district is considered “urban” because it is in a city rather than located on a reservation. In 1972 the Montana Constitution was revised to recognize the “distinct and unique cultural heritage of American Indians”  and to be “committed in its educational goals to the preservation of their cultural integrity.” And, as a district, we are continually trying to ensure we honor that. At times, it is difficult for my students because they do not always feel like they have a sense of identity within this country.

  • Why Teach The Constitution?

    In honor of Constitution Day (September 17th), this blog series invites teachers and leaders in the field of civics and democracy education to address the question: Why is it important to teach the Constitution? Our guest author today is Zeph Capo, a public school science teacher, president of the Texas AFT, and member of the Shanker Institute Board of Directors. Other posts in this series can be found here.

    Collective bargaining is the cornerstone on which we built the middle-class. As a labor leader, it is the best tool used by workers to earn a seat at the table as equals with their employer. It is also how we develop a contract outlining one another’s roles, rights, and responsibilities in the workplace. As an educator, I ask: How do we expect workers to understand the process and power of collective bargaining if they don’t understand the power and process of governance as outlined in our Constitution?

    I believe teaching the Constitution is vital, because it is the premier collectively-bargained contract present in our lives. The rights, responsibilities, and regulations set forth in the Constitution serve as the bedrock on which we develop all other aspects of the agreements governing the many facets of our society.

  • Teaching Students The Textualist Interpretation Of Law

    In honor of Constitution Day (September 17th), this blog series invites teachers and leaders in the field of civics and democracy education to address the question: Why is it important to teach the Constitution? Our guest author today is David Said, a social studies teacher at Athens High School in Troy, Michigan. Other posts in this series can be found here.

    In a fairly recent court case, Bostock v. Clayton County (2020), the US Supreme Court ruled 6-3 that sex discrimination does cover gay and transgender individuals under the Title VII of the Civil Rights Act. One of the more surprising aspects of this case was that the majority opinion was delivered by associate justice Neil Gorsuch. Appointed by President Trump to replace the late Antonin Scalia, most assumed he would tow the line of conservative jurisprudence. In joining with Chief Justice John Roberts and all three of the courts liberal leaning justices, Gorsuchs majority decision showcased a level of judicial independence that is important for the maintaining the integrity of this important institution. 

    A key part of Gorsuchs judicial philosophy is grounded in a concept called textualism.” Simply put, textualism is an interpretation of law in which the words of the legal text are analyzed through the lens of their normal meaning. It is quite common for Justices to include authors’ intent, historical examples, and most importantly precedence as factors when deciding a case that comes before the Supreme Court. Textualism appears to simplify this process altogether by requiring one to truly dig deep into the meaning of words and phrase. In the Bostock case, the word that Gorsuch zeroed in on was sex” within Title VII of the Civil Rights Act. Discriminating against an individual or group because of their sex could reasonably be interpreted to include gender as well as sexual orientation. The six Justices in the majority agreed with that preceding sentence. Conversely, the Justices in the minority were quick to point out that members of the legislative branch were likely not thinking of anything beyond men or women in the year 1964.

  • Understanding The Complexities Of History

    In honor of Constitution Day (September 17th), this blog series invites teachers and leaders in the field of civics and democracy education to address the question: Why is it important to teach the Constitution? Our first guest author is Stephen Lazar, is a National Board Certified Social Studies teacher, who is typically teaching students Social Studies and English at Harvest Collegiate High School in NYC, which he helped to start. This year, he is on sabbatical and a Ph.D. candidate in history at the CUNY Graduate Center and is one of the Shanker Institute Civics Fellows. Other posts in this series can be found here.

    This is my first Constitution Day in some time where I will not be teaching high school students, since I am on sabbatical as I work towards a Ph.D. in history. When I am teaching history, there are two things I want students to understand more than anything else. First, history is complicated; things are rarely simply good or bad. Second, I want students to understand that that history is not merely a list of sequential facts. Instead, history is made up of competing interpretations. I regularly tell my students that historians, far more knowledgeable than we are, look at all the available evidence and come to different conclusions from each other. When I return to the classroom next fall, I plan to engage my students in one such disagreement in looking at the impact of the Constitution on people who were enslaved.

    Increasingly over the past few years, my students have come with strong opinions on the Constitution’s relationship to the institution of slavery. This happens for a variety of reasons: engagement with the Black Lives Matter movement, watching Thirteenth on Netflix, and exposure to the growing public discourse that examines the history of racism in the United States. Whereas a decade ago, most of my students knew very little about the Constitution or had a relatively positive view of it, now a critical mass of my students strongly believe that the Constitution laid the foundation for a racist society because it was proslavery.

  • Can It Happen Here? Donald Trump And The Fracturing Of America's Constitutional Order

    Our guest author today is Eric Chenoweth, co-director of the Institute for Democracy in Eastern Europe and principal author of the Albert Shanker Institute’s Democracy Web, an extra-curricular resource for teachers. 

    “The main thing is, they’re talking about us.”
    Joseph Goebbels, The Goebbels Diaries, 1932-34

    Comparing Trump’s presidency with past fascist regimes, and particularly that of Hitler’s Germany, is generally seen as partisan hyperbole. Past warnings of a Nazi-like leader taking hold in America — like Sinclair Lewis’s ironically titled It Can’t Happen Here — were belied by history. America’s constitutional system can withstand even Trump. Can’t it?

    The Trump presidency is certainly not the emergent Third Reich. Adolf Hitler, once handed power, acted swiftly to supplant the existing constitution by emergency decree, directed widespread repression against political opponents, purged Jews from state institutions, and held elections and referenda under conditions of mass intimidation to cement Nazi rule. By contrast, America saw three years of generally unhindered political opposition, media criticism, and free (if flawed) elections in which an opposition party made serious gains. 

    Yet events keep giving resonance to the warnings about Donald Trump’s rise to power. In response to national protests and unrest over brutal police violence against African Americans, Trump had peaceful demonstrators in front of the White House attacked and ordered the military to “expand the battlespace” to U.S. soil. What is happening here?

  • Can American Democracy Survive?

    Our guest author today is Eric Chenoweth, director of the Institute for Democracy in Eastern Europe and principal author of the Albert Shanker Institute’s Democracy Web, an extra-curricular resource for teachers. He also edited the journal Uncaptive Minds from 1988 to 1998.

    “Which world is ‘natural’? That which existed before or the world of war? 
    Both are natural if both are within the realm of one’s experience.”
    - Czesław Miłosz​ The Captive Mind, 1953

    It was a political eternity ago.

    In 2016, several political commentators (myself included) warned about the potential consequences of electing a presidential candidate who relied on authoritarian tactics and appeals — mass rallies of adoring crowds, nationalist slogans, race-based electoral strategies, and promises of strong leadership and repressive policies to solve the country’s problems. As the popularity of that candidate, Donald Trump, rose, there was serious alarm that America’s citizenry might choose an outcome damaging to American democracy and world security.*

    Trump’s victory, determined by a close and unpopular outcome, was greeted with both shock and acceptance. According to tradition, it was the only possible reaction. The serving president from the opposition party welcomed Trump to the Oval Office, signaling a peaceful transition to power. The editorial boards of America’s newspapers, nearly all of which had advocated Trump’s defeat, now appealed to readers to accept the electorate's decision. That the “will of the people” in a presidential election was so distorted by its antique Electoral College system — with the “winner” losing by nearly 3 million votes in the national tally — had no bearing on the matter. Nor the fact that the republic’s Founders had established this unusual system to protect against the people selecting an inexperienced, unfit demagogue to national office. Trump was inaugurated on January 20, 2017.

  • Teaching – And Defending – American Democracy

    If recent history demonstrates anything, it is the old truth that American democracy is a work in progress, and that it can suffer reversals as well as advances. The teaching of civics in our schools should convey the complex and fluid character of American government, and the concurrent responsibility of citizens to be actively involved in politics in order to defend and expand the rights and freedoms of American democracy. At a moment of great risk for democracy, both in the United States and abroad, it is especially important for young people to understand that the moral arc of history does not bend on its own, but only by the active intervention of ordinary people. We may still have a republic, even in this moment of dangerous turmoil, but—as Benjamin Franklin famously opined—only if the citizenry can keep it.

    Seen in this light, the crash course on how to teach civics offered by the Fordham Institute’s Checker Finn is an exemplar of what NOT to do. In an age of the rise of authoritarian and racist populisms of the far right, including that found at the pinnacle of American government, Finn is exercised about the emergence of an embryonic democratic socialist current in American politics. Of particular concern is what he sees as an “appalling” New York Times op-ed by two young editors of the socialist journal Jacobin, which argued that “subversion of democracy was the explicit intent of the framers” of the Constitution, and advocated constitutional reform to make the American system more democratic. 

    The idea that the 1789 Constitution contained significant anti-democratic elements seems to be anathema to Finn. Armed with an exegesis of Federalist Paper 10 which misses the essence of James Madison’s argument, he asserts that the purpose of the Constitution was the promotion and defense of democracy, full stop, and that is how it must be taught in civics courses.

  • Democracy Under Siege

    Our guest author today, Mac Maharaj, is a former African National Congress (ANC) leader, friend and prison mate of Nelson Mandela’s, who smuggled the first draft of Mandela’s autobiography, Long Walk to Freedom, out of Robben Island. Over the past 50 years, he has been an anti-apartheid activist, political prisoner, exile, underground commander, negotiator, bank director, professor and a cabinet minister in South Africa's first democratic government. This post was adapted from his remarks to the ASI’s recent Crisis of Democracy conference.

    I come from the generation that negotiated South Africa’s transition from race rule to a constitutional democracy that has been acclaimed throughout the world. We put together a constitution founded on an entrenched Bill of Rights, with a separation of powers, bolstered by a set of independent institutions. Having entrenched freedoms, such as that of expression, the media and assembly, and having secured the protection of the individual from arbitrary arrest, we believed that we had established a system that would enable the mediation of conflicts of interest that are immanent in society—evading the civil strife that degenerates into violence and preventing any group from having to go to war.

    But our democracy is only a little over two decades old, and there are already growing concerns that our system has not delivered and is under threat.

  • Democracy's Champion

    The sixth author in our series of guest posts commemorating the 20th anniversary of Al Shanker's death is Eric Chenoweth, co-director of the Institute for Democracy in Eastern Europe and a consultant for the Albert Shanker Institute’s Democracy Web project. He is the author of Democracy’s Champion: Albert Shanker and the International Impact of the American Federation of Teachers, available from the Institute. Chenoweth also worked in the AFT's International Affairs department from 1987-1991. You can find the other posts in this series here.

    Albert Shanker knew from an early age the power of prejudice. The son of Russian Jewish immigrants, he grew up in a poor Queens neighborhood where anti-Semitism was rife. Among the few Jews at his school, he was subject to constant taunts and a near fatal attack by fellow students. The lessons of his childhood and upbringing gave him a profound sympathy for other marginalized groups in society and helped lead to his activism in the civil rights movement (he was an early member of the Congress on Racial Equality). His upbringing also taught him other powerful lessons. His mother’s membership in textile workers unions had helped his family out of poverty (“trade unions were second to God in our household”), while the public schools he attended (and other institutions such as public libraries) were essential to his gaining greater opportunities for higher education that ultimately led him into teaching. All of it was intertwined.

    Perhaps most profoundly, the rise of fascism, World War II, and the post-war challenges of Soviet communism informed his early world view. He became a committed believer in democracy and opponent of dictatorship.  His early leanings towards socialism were rooted in the study of anti-fascist and anti-communist intellectuals of his era, including John Dewey, Sidney Hook, George Orwell, Iganzio Silone, Arthur Koestler, and Victor Serge — Left intellectuals who opposed all forms of government that would oppress freedom.

  • Democracy’s Champion: Albert Shanker

    Our guest author today is Richard D. Kahlenberg, senior fellow at The Century Foundation, is author of Tough Liberal: Albert Shanker and the Battles Over Schools, Unions, Race, and Democracy (Columbia University Press, 20007). 

    Freedom House recently released the significant – and sobering -- results of its report, “Freedom in the World 2014."  The survey is the latest in an annual assessment of political and civil liberties around the globe.  For the eighth year in a row, the overall level of freedom declined, as 54 nations saw erosion of political and civil rights, including Egypt, Turkey and Russia.  (A smaller number, 40, saw gains.)  Despite the early hopes of the Arab Spring, democracy promotion has proven a long and difficult fight.

    None of this would surprise Albert Shanker, who devoted his life to championing democracy, yet always recognized the considerable difficulty of doing so.  Around 1989, when the world was celebrating the fall of the Berlin Wall, Shanker took the long view:  “What we’ve seen are the beginnings of democracy.  We haven’t really seen democracy yet.  We’ve seen the overthrow of dictatorship.  Democracy is going to take generations to build and we have to be a part of that building because they won’t be able to do it alone."