Faculty Publications

An inspiring and revelatory look at the document that has made our country the longest surviving democracy in the history of civilization: The Constitution of the United States. The history of democracy is a history of failure. The United States holds the record at 230 years, yet the document at the nation's center is one that we take for granted. Due to a combination of heightened frustration, moves to skirt the constitutional process, and a widespread disconnect between the people and their constitutional "conscience," Lane and Oreskes warn us our system is at risk. The Genius of America looks at the Constitution's history relative to this current crisis. Starting with the eleven years between the Declaration of Independence and the Constitution's adoption, they show how our near failure to create a loosely knit nation led the framers to devise a system that takes human nature into account. Next they provide examples of how we have weathered crises in the past, from early attempts at political tyranny to the Civil War. Finally they turn to two periods, one of great consensus (from Roosevelt's New Deal through Johnson's Great Society) and another of division (from Reagan through George W. Bush), both of which demonstrate the Constitution's effectiveness. In the final assessment, Lane and Oreskes challenge us to let this great document work as it was designed--in times of change and stasis. They hold our leaders accountable, calling on them to stop fanning the flames of division. And while evenhanded in its presentation, The Genius of America reminds us the Constitution is our national glue.

In the years before and after the ratification of the United States Constitution, James Madison offered, unsuccessfully, the view that a formal bill of rights would not safeguard individual liberties in the face of excessive federal power or the failure of the system of checks and balances. An examination of New York City Police Department (“NYPD”) treatment of Muslim-Americans in the years following the September 11, 2001 (“9/11”) attacks reveals the wisdom of Madison’s prediction. Since 9/11, the NYPD has espoused the view that the only way to prevent future terrorist attacks is to closely monitor Muslim communities, in case an “unremarkable” Muslim descends into “jihadization.” Such surveillance has serious consequences for the identity and economic and psychological health of the Muslim-American population. However, the author predicts that neither elected officials nor the courts will take steps to curb the NYPD’s surveillance strategy. This article asserts that, as Madison warned, the Bill of Rights will not stop the security of the majority from reigning over the individual liberties of the few.

The findings of this report are based on a telephone survey conducted in the summer of 2010 of just over one thousand registered
New York voters, conducted by Princeton Survey Research Associates for the Brennan Center for Justice. We polled a diverse sample of New Yorkers on their attitudes toward civic literacy and its necessity, and we tested their familiarity with prominent elected officials, governmental and legislative processes, and the U.S. Constitution itself. Against the backdrop of previous studies, our evidence shows that New Yorkers, like most Americans, know very little about their Constitution and their government.

Without civic literacy we cannot maintain a vigorous democracy. And our civic illiteracy will only get worse if we limit our race to the top to only math and science.