BE A DOER
BE A DOER
ZACK PELHAM ABA State Delegate
I recently participated in this year ’ s North Dakota high school state finals competition for the We the People : The Citizen and The Constitution program . I was among 18 attorneys and educators who judged students on their knowledge of various aspects of the U . S . Constitution and Bill of Rights . The program starts in the classroom , with educators teaching from provided curriculum on history and principles of constitutional democracy , and ends with students “ testifying ” before a panel on set questions students have studied , researched , and written on . The State Bar Association of North Dakota and Humanities North Dakota sponsor the state competition , which is nationally administered by the Center for Civic Education . See www . civiced . org / wethe-people . The winning school advances to the national finals in Washington , D . C .
These North Dakota students are top-notch . Groups of three to five students compete against other schools and answer questions like : “ How did Brutus I and Federalist 10 assess the problem of factions , and what were their proposed remedies to address the presence of factions ?” and “ How does the reasonable suspicion doctrine , as established in New Jersey v . T . L . O ., both limit and protect students ’ Fourth Amendment rights in public schools ?” Boy , many lawyers would struggle to provide a coherent response ( myself included )!
Students are provided with two separate questions in advance of the competition ; they must research and craft a written statement for both questions . It is only at the competition when the three-judge panel reveals which question they must answer and read their four-minute written statement . And after that , they are “ grilled ” by the panel on a series of impromptu followup questions . In many ways , it is like an appellate argument . For those of us who have made such arguments , think back to your first time doing that and then you will have a bit of a feel for what it must be like for these students . A sigh of relief from students is usually expressed when the facilitator ’ s “ Time ” sign is raised after the six minutes allotted for follow-up questions expires . Judges then provide feedback to the students , who are in the presence of their teacher and classmates in the hearing room .
What I realized this year , after participating as a judge in the program since 2009 , is it is not just for academically and intellectually focused students . Indeed , it is more beneficial for the student who may not pursue any “ great ” academic degree or profession . These concepts , foundational for our system of government , must be studied by all citizens . The intense focus the We the People program has on specialized areas of American history and our Constitution allows all students to experience topics they may otherwise only receive general instruction on . I believe a program like this is most beneficial to those students who may not appreciate the nuances the intellectual elites have the luxury to debate , because these are the Americans who comprise the overwhelming majority of citizens . They are not lawyers . Many will choose vital and important vocations that will have nothing to do with history or the law . Such a program gives all who participate basic ideas of fairness , equality , justice , and freedom – ideals that are foundational for our society to proceed .
We lawyers must always remember we don ’ t know it all . The simple will always prevail over the complex . We owe it to ourselves , our clients , our colleagues , and our fellow citizens ( mostly non-lawyers ) to present clearly , simply , and efficiently in a manner that is respectful and fair . That is a primary reason our system of democracy has succeeded . And where we struggle , is when we turn the simple into the complex . The essence of the We the People program may seem complex , but it is simple at its core : teaching students the basics of our constitutional democracy .
So , to those who lament the malaise of our current generation ’ s supposed lack of knowledge of basic American history : look in the mirror first . Opportunities abound for involvement . Find an area you have a passion or interest in and choose to be a doer . There are plenty of people offering ideas to solve various problems . There are not enough people offering to reach out a hand to help . Words are great . But words lacking action are meaningless . We write on protecting rights – whether you are a litigator , non-litigator , practicing in the criminal or civil world – you are law trained and have specialized knowledge . Yes , the law is our livelihood . And we ’ re busy , stressed , frustrated , and living in a world that consistently quickens . But if we don ’ t take our specialized knowledge and help apply what it actually means to be a citizen , others are not the only source of our nation ’ s problems , we are .
For those “ doing ,” keep it up . Remember , you will always receive more by giving your time and knowledge . For those on the fence , being a doer offers the reward of knowing you have , in the very least , utilized the specialized skills you achieved with the help of the doers in your life . Be a doer .
22 THE GAVEL