Learning Democratic Theory Through Obtaining the Democratic Experience

Relevant Text: Justice David H. Souter, “Remarks on Civic Education,” spoken on August 1, 2009 at Opening Assembly of American Bar Association Annual Meeting. See http://www.abanow.org/2009/08/souter-tells-aba-annual-meeting-opening-assembly-that-civic-education-is-critical-to-preserving-an-independent-judiciary and http://www.abanet.org/publiced/JusticeSouterChallengesABA.pdf INTRODUCTION On August 1, 2009, Justice David H. Souter spoke briefly about the state of civics education in this country, pointing out that constitutional government itself is at risk when a substantial portion of our population does not have knowledge of the government structure under which we live. He pointed out that it is impossible for those who have very little knowledge about our government’s structure to appreciate the importance of judicial independence, and the value of the inherent conflict between the legislative and judicial branches. Thus, he advocated an intensification of the bar association’s efforts in educating the population at large about civics. I contend here that it is not merely education about democracy, but democratic experience, that inspires people to value our system of government and get involved directly in our democracy. THE SOURCE OF SOUTER’S CIVIC KNOWLEDGE: DEMOCRATIC EXPERIENCE The bulk of his talk, however, was a self-reflection on the sources of his knowledge of various principles behind our government’s structure. Most of that knowledge is sourced to his experiences going to annual town meetings in New Hampshire. Through describing his experiences at the town meetings, Justice Souter shows how he had the opportunity to observe first hand the execution of the concepts of divided power (separation of powers) -- between legislative and executive, federalism -- of a sort through divided power between State and town, due process of fundamental fairness --through the Thus, when taught these concepts formally in school, Justice Souter had actual experience with which to appreciate said concepts. THE UNSTATED IMPORTANCE OF REPLICATING THE DEMOCRATIC EXPERIENCE Justice Souter does not fully expound on why his experience attending annual town hall meetings is so worthy of reflection. In fact, in my first read of his talk, I was confused by the relationship between his personal experience and his effort to encourage his audience to personally get involved in advancing the cause of formal curricular school-based civic education. I wasn’t sure if we as readers were to learn from his experience, or only appreciate it. Upon further reflection, however, the relationship is very clear, and essential. A subject of study is real when it affects one’s experiences. Some examples not from the speech are illustrative. Many kids become enamored with football and basketball, and hence became very familiar with the math necessary to understand the game. On the darker side, many kids who become caught up in the drug trade also become quick mathematicians. One can also find that an Orthodox Jew Christian or Muslim may excel at literacy in order to read his or her holy books. Additional analogous examples are numerous. For Justice Souter, attendance at the annual town meeting made real a number of civic and legal principles. More importantly, as a result of real-life exposure to the application of democratic principles, references to them in civics class were not abstract theoretical principles for him, but were reflective of real experience, and thus fully comprehensible. I have not had the opportunity to review any studies of politicians, activists, or lawyers that presented any commonality in their exposure to the civics arts. However, I would venture a guess that most could identify experiences in their youth where the civic arts proved a real part of human life. Thus, the lesson of Retired Justice Souter’s experience is not merely the importance of increasing exposure of legal and civics principles to kids, the the exposure to the fact that legal and civics principles affect every day life. As it was with Justice Souter, this is more likely to be achieved through exposure to real life than by exposure to better written text books. Twice in Justice Souter’s conclusion he states that citizens must be instructed in the government in order to appreciate the importance of judicial independence, and thus to preserve the notion that it is a “safe place” within which to redress one’s grievances with one’s fellow. This is telling, as the word place indicates a locality, which is irrelevant absent an experience in such a locality or place. CONCLUSION The notion of exposing tweens, teens, and young adults to the democratic experience, just as Justice Souter was exposed, sounds to me like a highly practical approach to civics education. Internships, externships, fellowships, and observation days are also common ways of inexpensively exposing worlds to kids. However, there is nothing like going to a community meeting, forum, or hearing concerning subject matters and locations familiar to the student.