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Take the constitutional pop quiz challenge.


Much of this issue is devoted to the premise that improved civic education is critical to the preservation of American democracy. Chief Justice Lewis and several contributors have masterfully recounted Florida's renewed efforts in the area of both civic education and participation. But I respectfully suggest that it smacks of elitism for our profession to bemoan the increased ignorance of the history and structure of American government without each of us taking our own refresher course. (1)

The proposition is rather simple. The independence of every lawyer in Florida derives entirely from, and is regulated by, an independent judiciary, which in turn owes its existence to Article V of the Florida Constitution. The origin of Article V is traceable to the comparable uniqueness of Article III of the U.S. Constitution. From these two documents, therefore, flows the independent attorney's duty to protect and champion the causes of our citizens. Now--we say--that duty also embraces educating our citizens.

To do that, every lawyer should be able to answer the following questions; without notes, without pausing, and with the same confidence as if sitting at the table in Philadelphia in 1787:

* After snipers John Muhammad and Lee Boyd Malvo murdered several people in Maryland and Northern Virginia, explain why each was entitled to counsel at government expense and to a fair trial. Then, when you have your students convinced of the magnificence of the Fourth, Fifth, Sixth, and Eighth amendments, explain why Mohammad Atta, had he survived piloting the jetliner into the World Trade Center on September 11, 2001, would have been entitled to those same rights.

* Explain Roe v. Wade to an audience that asks how the decision can apply to a state when the majority of its citizens vehemently oppose abortions.

* Explain how the nation's schools were integrated, and why the executive branch police powers were invoked to enforce court decisions with which the executive branch completely disagreed.

* Explain why a school district, made up overwhelmingly of Christians, cannot establish Christian prayer in its schools.

* Explain why our founding fathers determined that our federal judiciary should be appointed for life, and then list as examples some historic events that strengthened this nation because of those lifetime appointments.

* Explain why voting is secret.

* Finally, in this world of checks and balances, explain who it is who protects the minority from the majority and enforces each of our precious rights.

Knowledge is power. And the power to preserve this system of democracy is dependent upon knowing what it means to have it. The Soviet Constitution, enacted in 1918, embraced concepts of individual rights, free schools, freedom of the press, the right of assembly, and free speech. Joseph Stalin used that same constitution to his own horrific ends. The beauty of our Constitution and democracy is this nation's belief in it, and no greater obligation rests upon this profession than to continue the education of our citizens as to why that is.

(1) In July, I distributed to each Board of Governors member a copy of this country's naturalization examination, in order that the Bar's leadership be familiar with the same knowledge expected of our newest citizens. All lawyers should take it.

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Author:Coxe, Henry M., III
Publication:Florida Bar Journal
Article Type:President's page
Date:Nov 1, 2006
Words:530
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