There is nothing, but nothing, that isn’t flagrantly unconstitutional about the proposal that American citizens should be required to pass a basic civics test of the sort required of aliens seeking citizenship in order to enjoy the rights of citizenship or hold public office. And yet, it’s still a pretty good idea, not to exclude citizens from participation, but to compensate for the ubiquitous ignorance of American civics.
For more than 100 years, the United States has used a civics test as a gentle screen for naturalizing new citizens. The idea behind the brief exam is straightforward: To participate fully in the life of the republic, newcomers must first evince some knowledge of the values and mechanics of that republic.
Why not deploy a civics test more widely — as a modest hurdle other Americans must surmount before enjoying some of the many privileges of U.S. citizenship?
It’s long been an irony that a naturalized citizen is required to know more about the United States, its history, government and founding principles, than is required of those of us born here. It’s not that we’re not taught history in school, or at least supposed to be taught, but the failure to learn the lesson either impairs one’s citizenship or affects one’s right to participate.
Ilya Somin made a compelling argument years ago about politically ignorant voters, those citizens who possess the right to vote but lack the knowledge necessary to vote thoughtfully. To anyone who spends any time on social media or watching cable news, it becomes painfully clear that far too many Americans either grasp little about their nation or how it functions.
It allows manipulators and demagogues to spin and twist them because they don’t have the foundational knowledge to call bullshit. They have the right to play their constitutionally protected role in society, but not the ability to do so in a way that contributes to the welfare of the union, however they see that welfare to be best achieved. We keep hearing that more people voting is better for democracy, but is it? If they are knowledgeable about civics and interested enough in governance, then it is. But what if they aren’t? What do the civically ignorant add to the body politic?
For example, every year, about 3.5 million Americans graduate from high school, crossing the threshold into adulthood. Why not require a civics test for graduation, as some states already do, to remind young people that their new status brings both opportunities and obligations? Goodman would go further and ask graduates to take the oath of citizenship as an additional rite of passage and a signal of their fresh civic responsibilities.
Or consider another domain, like naturalization, where the bureaucratic and the patriotic briefly twine. Today, a record 48 percent of Americans have a passport, according to the State Department. Why not offer a voluntary civics test as part of the application process — with the incentive that the applications of those who pass will be expedited? After all, when Americans travel abroad, we act as citizen ambassadors, representing Americanness overseas.
Of course, the Fourteenth Amendment establishes that anyone born on American soil is a citizen, and every citizen is entitled to the rights of citizenship no matter how smart or dumb. But they aren’t entitled to a high school diploma if they can’t pass a civics test. And a passport isn’t a constitutional right any more than the annual pilgrimage to Paris for dinner. Is it too much to ask of Americans to name the three branches of government?
Then what about those few who believe they are worthy of being elected to public office? Shouldn’t they, at the minimum, be capable of passing a civics test?
We could also install the test as a speed bump on the road to public office. We already require senators, House members, judges, military personnel and many others to repeat an oath of fealty to the U.S. Constitution. Why not ask people running for office, from county auditor to U.S. president, to sit for a test that verifies their understanding of that foundational document?
The Constitution already prescribes the qualifications for federal public office, and nowhere does it require officials to have read, or even have a passing familiarity, with the Constitution. Heck, it doesn’t even require that they be able to read. But how does a congressman write laws, or even vote for laws, when he doesn’t know what is or isn’t constitutional? Article II, Section 3, requires that the president “take care” to faithfully execute the laws. Is it too much to expect a president to be aware of this limitation on his authority to do whatever the hell he pleases?
Citizenship is a concept rich with meaning. It confers rights, imposes responsibilities, establishes identity and promotes belonging. But most Americans seldom stop and think about it. For us, citizenship is automated. A ritual like a civics test might animate it.
And if a lot more people experience this ritual, a few more might tackle topics that now are easier to sidestep.
It’s not that every American should know the law as well as a lawyer, itself a dubious proposition given how many bad legal takes come from lawyers, but would it be too much to expect that citizens have the most basic functional understanding of their government, their nation’s geography, their national history and the people who are seeking their vote before they executed the rights of citizenship? The answer, of course, is yes. Yes it would. To be knowledgeable and informed is unAmerican, and that’s a shame.
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Under the heading, QUALIFICATION OF VOTERS, Debates in Massachusetts Convention, Volume II (of three), 1843, p.274:
Mr. Hathaway, of Freetown, “move[s] to amend the second resolve by striking out the words ‘idiot or insane person’ and inserting, instead thereof, the words ‘pauper, or person under guardianship.’ My difficulty in reference to this resolve is, that the only criterion that I know of, or that any one, can know of, by which to settle this question of insanity or idiocy, is the judgment of a tribunal that is fit to pass upon that matter. I would not, by any means, be willing to leave it to the selectmen, when the day for voting comes, to pass upon the question whether I was idiotic or insane. I should think that was a miserable tribunal to judge of this question, as regards myself, to say anything about any other gentleman in reference to this matter ; and hence, I would adopt the other provision which is contained in the third article of the amendments to the Constitution, and then I hope that the resolve will be agreed to, retaining, to suit the views of the gentleman from Ipswich, the provision in reference to persons convicted of felony, and who had not been restored to the right of suffrage by virtue of pardon.”
(All in favor say EYE! ) That settles that.
Outside of Utopia, this would become (again) a factional and/or identitarian test.
Q. How are Supreme Court justices selected?
a. Freedom
b. Under God
c. White Rural Rage
d. BURN IT DOWN
“Heck, it doesn’t even require that they be able to read. ”
I can testify to this, but the rules have changed. My paternal grandfather could not read or write his name, in any language, but he was naturalized in 1918 when there was no literacy requirement. The Certificate has the X that he marked on the signature line.
My maternal grandmother, however, arrived in 1930, after the rules changed to require literacy. She was illiterate, and was not allowed to naturalize with her husband and their children. I still have her “Alien Registration Card”, from WWII.
And to top it off, the US is not alone in these sorts of things. I don’t speak Italian, but I am an Italian citizen, by blood, via the grandfather who could not read or write his name. I get ballots every year or so from Italy to vote for politicians in my “Home Commune”, which I try to understand. I always vote for someone, and send them in. I don’t know the people or the issues, but I vote.
If I have to pay income taxes and be drafted to die in ‘nam/Afghanistan/etc., then why the shouldn’t I have the vote?!
Seriously, these type of issues were discussed during
A civics test would work.
However, I think that paying income taxes would be a better test. If you had a job or a retirement check and paid federal income taxes of any amount that year, you and your immediate family could vote in federal elections.
Yeah, it’s A form of a poll tax. So what.
States could make their own rules for their elections.
Put some skin in the game.
I think I’ve heard similar arguments before…justifying the government in Starship Troopers.
And what’s wrong with that?
I have a good friend who is college educated and politically active. He told me that he always voted for any bond issue. When I told him that bonds have to be paid back with interest to the investors, he was shocked! “It’s not free money?”
What is unconstitutional about it? Other than forbidding suffrage qualifications based on race, color, previous condition of servitude, sex, or age, the constitution leaves the issue entirely up to the state. It is tradition, incentives related to the reduction of congressional representation under the 14th amendment, and recent Equal Protection Clause “disparate impact” theories that have led to (near) universal sufferage.
I always considered Mark Twain’s, The Curious Republic of Gondour, an interesting thought experiment.
While I *wish* there was a civics test requirement to vote, it is problematic. This harkens back to the days in the Jim Crow south where tests were used to exclude blacks from voting.
I have had the unfortunate belief for too long that way too many Americans are just too stupid to vote. Jay Leno used to do a bit, where he showed people pictures of politicians, leaders, etc. and the results were at times dismal. Way too many Americans can name four Instagram influencers than can name their own congressperson. Too many Americans can name all the songs on the last Taylor Swift album, but can’t tell you how many justices are on the Supreme Court, or even name one of them. It’s embarrassing.
I was in bar in Oss, Netherlands back during the Bush (the younger) administration. Some Dutch teenagers came in, celebrating their high school graduation and order Jack Daniels. Being the only American in the place, I insisted on buying their first round of Jack. Anyways, I ended up talking to the one girl in the group about world affairs at the time. She knew more about US politics and had a better understanding of the organization of the US government than most Americans.