how to honor Constitution Day

Yesterday was Constitution Day. It’s so named because it marks the anniversary of the signing of the US Constitution in 1787. It’s certainly an auspicious date. Since 2005, every educational institution in America that receives federal funding–from a kindergarten to a graduate school–must observe Constitution Day by providing some kind of educational program about the Constitution. Apparently, the legislation that created this obligation (an amendment to the 2004 omnibus spending bill introduced by Senator Robert Byrd) is constitutional (pdf). That means that no court should strike it down. Nevertheless, I think students could profitably observe Constitution Day by asking:

  • How, under our Constitution, can legislation be passed on the sole prerogative of one US Senator?
  • How can Congress pass legislation without hearings or debate?
  • Is it a constructive and appropriate use of federal power to determine the content and timing of educational instruction?