DOCUMENT RESUME FL 015 108 ED 258 479 The English Language Amendment. Hearing before the TITLE Subcommittee on the Constitution of the Committee on the Judiciary. Senate, Ninety-Eighth Congress, Second Session on S.J. Res. 167, a Joint Resolution Proposing an Amendment to the Constitution of the United States with Respect to the English Language. Congress of the U.S., Washington, D.C. Senate INSTITUTION Committee on the Judiciary. J-98-126 REPORT NO 12 Jun 84 PUB DATE NOTE 291p. Legal/Legislative/Regulatory Materials (090) PUB TYPE MF01/PC12 Plus Postage. EDRS PRICE *Constitutional Law; *English; *Federal Legislation; DESCRIPTORS Hearings; Language Planning; ',Official Languages; Public Opinion; *Public Policy Congress 98th IDENTIFIERS ABSTRACT The transcripts of the hearings on Senate Joint Resolution 167, proposing an amendment to the United States Constitution with regard to establishment of English as the country's official language includes: the statements of three committee members (Senators Orrin G. Hatch, Jeremiah Denton, and Dennis DeConcini); the text of the proposed legislation; the testimony of the witnesses (Senators Walter D. Huddleston, Quentin N. Burdick, and Steven D. Symms; former Senator S. I. Hayakawa; Congressmen Norman D. Shumway, and Baltasar Corrada, Gerda Bikales of U.S. English, and Arnold° S. Torres of the League of United Latin American Citizens), presented chronologically; the witnesses' submitted materials, presented alphabetically; additional materials submitted for the record; and related correspondence. (MSE) *********************************************************************** Reproductions supplied by EDRS are the best that can be made * * * from the original document. *********************************************************************** BEST COPY AVAILABLE S. Hs*. 98-1284 THE ENGLISH LANGUAGE AMENDMENT as HEARING Lir1 BEFORE THE fri SUBCOMMITTEE ON THE CONSTITUTION LAJ OF THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE NINETY-EIGHTH CONGRESS SECOND SESSION ON S.J. Res. 167 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTI- TUTION OF THE UNITED STATES WITH RESPECT TO THE ENGLISH LANGUAGE JUNE 12, 1984 Serial No. J-98-126 Printed for the use of the Committee on the Judiciary U.S. DU ASISIMPIT CW IDUCAIXIN NATIONAL INSTITUTE OF EDUCATION EDUCATIONAL. RESOWtaiS INFORMATICIA CENTER (ERIC1 Ths efoannent hew been reproduced waved from the sO portico or otganktition orionsong n. f.) Monet tin hbro bow mods to improve repnaclocoon qty. Ports of 0 VOW Of OPOOlON Ole* OOCti mons do not womanly footmen! oficen NIE imition or polo". U.S. GOVERNMENT PRINTING OFFICE 40-407 0 WASHINGTON : 198b 2 1238 3.1118U1AVA 'OW COMMITTEE O THE JUDICIARY SISOM THURMOND, South Carolina, Chairman JOSEPH R. KEEN, Ja., Delaware CHARLES Mee. MATHIAS, JILI Maryland EDWARD M. KENNEDY, Maaaachuaetts PAUL LAXALT, Nevada ROBERT C. BYRD, Wad Virginia ORRIN G. HATCH, Utah HOWARD M. MEIMBAUM. Ohio ROBERT DOLE, Kansas DENNIS DtCONCINI, Arizona ALAN K. SIMPSON, Wyoming PATRICK J. LEAHY, Vermont JOHN P. EAST, North Carolina MAX BAUCLIS, Montana CHARLES E. GRASSLE?. Iowa HOWELL HEFLrN, Alabama JEREMIAH DENTON. Alabama ARLEN SPECTER, Pennsylvania Vtarroar Dz Vaivz Um, Chief Coiaisel and Staff Director DESORAll K. °wax, General Counsel BEgratram, Chief Clerk Am H. Grruserzna, Minority Chief Counsel SuacomsarrEE ON nu: CossTrrtrrioil ORRIN G. HATCH, Utah, Chairman DENNIS DzCONCINI, Arizona AOM THURMOND, South Carolina PATRICK J LEAHY, Vermont CHARLES E. GRA&ILEY. Iowa SersPHAN MAILMAN, Chief Counsel and Staff Dilutor RANDALS. Raorz, General Counsel fluor Mciaixxx, Staff Assistant Rosin FLIDLU, Minority Counsel .4* a CONTENTS STATEMENTS OF COMMITTEE MEMBERS Par, Hatch, Finn. Orrin G., a U.S. Senator from the State of Utah 1, 4 Denton, Hon. Jeremiah, a U.S. Senator from the State of Alabama 8 DeConcini, Hon. Dennis, a U.S. Senator from the State of Arizona.... 37, 40 PROPOSED LEGISLATION S.J. Rea. 167, a joint resolution proposing an amendment to the Constitution of the United States with respect to the Erglish language 13 CHRONOLOGICAL LIST OF WITNESSES Huddleston, Hon. Walter D., a U.S. Senator from the State of Kentucky 15 Burdick. Hon. Quentin N., a U.S. Senator from the State of North Dakota 41 Symms, Hon. Steven D., a U.S. Senator from the State of Idaho 43 Fkyallawa, Hon. SI., a former U.S. Senator from the State of California. 51 Shumway, Hon. Norman D., a U.S. Representative from the State of Califor- nia, and Hon. Baits:sir Corrada, a U.S. Representative from Puerto Rico 69 aikales, Gerda, Executive Director, U.S. English. Washington, DC, and Ar- naldo S. Torres, National Executive Director, the League of United Latin American Citizens, Washington, DC 103 ALPHABETICAL LIST AND MATERIAL SUBMITTED Cerda: Bikales, Testimony 103 Prepared statement 106 Letters from: Surendra K. Saxeria,firesident, the Association of Indians in Amer- ica, Inc., to Joseph E Fallon, October 25, 1983 113 Marie J. Iribarren, secretary, Kern County League Basque Club, January 10, 198 114 Steve Workings, Government Relations Associate, U.S. English, to Senator Orrin G. Hatch, chairman, Sulkommittee on the Constitu- tion, October 15, 1984 115 "Peace, Friendship, Limits, and Settlement" (Treaty of. Guadalupe Hidal- go), reprinted by U.S. English 116 Testimony on fiscal year 1984 appropriations for bilingual education 128 Presentation to 1984 Republican Platform Committee by U.S. English, April 17, 1984 128 Fact sheets: English language amendment to the Constitution 130 fliirngual voting ballots 132 Bilingual Education Act revisions 133 "In Defense of Our Common Language " 134 Excerpts from Up-Date, a periodic publication of U.S. English, volume II, No. 3, June-July 1984: Up-Date. 141 Testimony presented at hearings on the English amendment, June 12, 1984 143 "Ideas" by Richard Kahlenberg from Harvard Political Review, spring 1984 147 I V I Page Bil ale* Genie Continued " 'Temporary' Bilingual Education Lives On,' " from the Washington 149 Times, August 18, 1983 "The Swiss, the U.S, and Language Unity," from the Christian Science 150 Monitor, September 12, 1984 41 Burdick, Senator Quentin: Testimony Corrada, 13altasar: 79 Testimony 83 Prepared statement Hatch, Senator Orrin G.: U.S. "Legal Analysis of H.J. Res. 169 proposing an amendment to the Constitution to make English the official language of the United States," by Charles Dale, legislative attorney, American Law Division, Congressional Research Service. the Library of Congress, June 2? 1983. 89 "What a School-Was." by Abraham H. Lass from the New York Times, 96 April 16, 1983 "ELA: Making English the Official Language," by Nadine Cohodas, from 97 the Congressiona l Quarterly, October 242, 1983 "English Spoken Here Please,' by Jonathan Alter, from Newsweek, Jan- 98 uary 9, 1 "Voting in English," by William Raspberry, from the Washington Post, 99 March 15, 1984 100 "Aqui se 1-labia Ingles." from the Washington Times, April 4, 1984 "You'll Be a Nobody if They Didn't Make You Learn English," by Gerda Bikales, from the Christian Science Monitor, April 20, 1 q 101 "The Mother Tongue Has a Movement," by Francis X. Clines, from the 102 New York Times, June 3, 1984 Hayakawa, Si.: 51 Testimony 57 Prepared statement Letters to: 63 Dear Friend, from S.I. Hayakawa Marion Faldet, the Spencer Foundation, September 27, 1984 66 Commentaries by Guy Wright: "U.S. English," from the San Francisco Examiner and Chronicle, 64 March 20, 1983 "Speaking English," from the San Francisco Examiner, March 28, 65 983 Huddleston, Walter D.: 15 Testimony Memo from Angela Evans. June 6, 1984 18 'Constitutional Amendment to Article from the Congressional Record, September Make English the Official Language of the United States," 25 21, 1983 Letters: Council, Helen Wong Jean, executive secretary for Chinese Civic 30 April 23, 1984 31 S.I. Hayakawa, August 27, 1984 Charles V. Dale, Legislative Attorney, American Law Division, legal analysis of Senate Joint Resolution 167 proposing an amendment official language of to the U.S. Constitution to make English the of the United States, Congressional Research Service, the Libraiy 32 Congress Shumway, Norman D.: 69 Testimony . 73 Prep 'red statement Record, "Prapcsed Constitutional Amendment," from the Congressional 77 March 2, 1983 Inc , Letter from Michael Blichasz, president, Polish American Congress, 78 Eastern Pennsylvania District, February 6, 1984 Symms, Steven D.: 43 Testimony 47 Prepared statement Torres, Arnaldo S.: 152 Testimony , 159 Prepared statement V APPF-NDLX ADOMONAL FOR THE RECORD MATERIAL Page "State Statutory. Recognition of English as the Official Language of the United States,' by Mark E. Gurevitz, Legislative Research Assistant, Amer- ican Law Division, Congressional Research Service, the Library of Congress, 169 March 1, 1984 . Letter from Senator Orrin G. Hatch to Paul L. Douglas, attorney general for the State of Nebraska, October 11, 1984 181 Letter from Paul L. Douglas, attorney general for the State of Nebraska. to Senator Orrin G. Hatch, December 3, 1984 182 Enclosures: Nebraska Department of Education from Joe E. Lutjeharms, comniis- sinner of education, November 15, 1984 183 Dear concerned citizen from S.I. Hayakawa, December 1982 184 Department of State of Nebraska, Allen J. Beermana, secretary of state, October 27, 1984 185 State of Nebraska, Mexican American Commission, Rudy Peralez, executive director, October 30, 1984 186 Enclosures: Washington briefs, NALEO National Report 3 187 "Canada Provides Example of How Bilingualism Hurts," Omaha World-Herald, June 18, 1984 188 Letter from Department of State, Allen J. Beermann, secretary of state of Nebraska to Orrin G. Hatch, October 29, 1984 189 Enclosures: Constitution of Nebraska 190 Letter from Department of State, Allen J. Beermann, secretary of state of Nebraska to Orrin G. Hatch, October 29, 1984Continued EnclosuresContinued Letter to Orrin G Hatch, from David R. er. senior staff attorney, Illinois, Legislative Council, November , 1984 193 Enclosure: Laws of the State of Illinois, enacted by the Fifty -third General Assembly, June 30, 1923 196 Letters to Orrin G. Hatch from: Lin ley E. Pearson, attorney general of Indiana, October 22, 1984 198 Edwin J. Simms, secretary of state for Indiana, October 29, 1984 204 Laurie Nai anith, secretary of the Commonwealth of Virginia, a-tober 26, 205 1984 Gerald Ba hies, attorney general for the Commonwealth of Virginia. Octo- ber 29, 1984 206 - Enclosure: Section 22.1-212.1 of the Code of Virginia 207 Gerald Henry, assistant attorney general for the Commonwealth of Ken- tacky, November 9, 1984 208 California ballot pamphlet, from March Fong Eu, secretary of state, Sacra- mento. CA 209 Letter from George Deukmejian, Governor of California to members If Con- gress, November 20, 1984 214 "Bilingual Education in the Private Sector," by Denis P. Doyle, director, education policy studies, American Enterprise Institute, Washington, DC. November 19K1 215 Statement of Joseph E. Miller, assistant director, National Legislative Com- mission, the Americas Legion, to the Subcommittee on the Constitution, Senate Committee on the Judiciary, June 12, 1984 247 "'Speaking in Tongues' Why America Needs an English Language Amend- ment," from Young Americans for Freedom, Washington, DC 254 "Multilingualisma Cure for Arrogance." by Myron B. Kuropas, Chicago Sun-Times, October 7, 1982 259 "The Role of Native Language Instruction in Bilingual Education," by Jose A Cardenas, IDRA Newsletter, January 1984 260 "English Language Threatened in Vie United States," from Washington Alert, volume 2, No. 9, March 1984 266 "Bilingual Group Told of Need," from the San AntoniO Light, April 7, 1984 268 "Gift of Tongues Divides the U.S.." by Harold Jackson, Manchester Guardian Weekly, June 24, 1984 269 VI Page Minorities," by This Effort Will Ostracise Hispanics and Other Language July Arnaldo Sanchez Torres from the Fort Lauderdale Neivs/Sun-Sent. 270 29, 1984 presi- "English-Only Amendments: Are They Necessary?" by Raul Yzaguirre, 271 1984 dent, National Council of La Raze, Noticiero News Release, June 12, from "Bilingualism Policies Nettle Asian-Pacifics Here," by Micheel F. Eng, 274 the Los Angeles Times, August 14, 1984 Carlin, Jr , "Charm and the English Language Amendment," by David R. 275 from the Christian Century, September 12-19, 1984 CORUSPONDENCE law, June 13, Letter to Senator Orrin G. Hatch from Henry Kane, attorney at 277 1984 Henry Kane articles: 278 Forum Editor, the Oregonian, December 5, 1983 "Hispanics Here Should Learn English Language" from Hillsboro (OR) 279 Argus, December 13, 1983 the "Hispanics Said Eagi. to Learn English," by Jose E. Solano, from 280 Hillsboro (OR) Argus. December 4 1983 "County's Hispanic Woes Laid to Numbers Here," by Edith Norinsky, 282 from Hillsboro (OR) Argus, December 22, 1983 283 Letter from Henry Kane to John Tyner, Esq., December 29, 1983 7 THE ENGLISH LANGUAGE AMENDMENT TUESDAY, JUNE 12, 1984 U.S. SENATE, SuscommiTrgs ON THE CONSTITUTION, COMMITITE flN THE JUDICIARY, Washington, DC. The subcommittee met, pursuant to notice, at 9:31 a.m., in room SD-226, Dirksen Senate Office Building, Hon. Orrin G. Hatch (chairman of the subcommittee) presiding. Present: Senator DeConcini. Staff presimt: Stephen J. Markman, chief counsel and staff direc- tor, Randal: R. Rader, general counsel; Carol Epps, chief clerk; and Deborah Pahl, clerk, Subcommittee on the Constitution; and Mike Wootten, counsel, Judiciary Committee. OPENING STATEMENT OF HON. ORRIN G. HATCH, A U.S. SENATOR FROM THE STATE OF UTAH, CHAIRMAN, SUBCOMMITTEE ON THE CONSTITUTION Senator HATcx. We are happy to call this subcommittee to order. The framers of the Constitution in the 1787 Convention and the authors of the Bill of Rights in the First Congress did not include within our Nation's founciing document any declarations with re- spect to an official language. In the absence of a specific delegation of Federal authority, the power to dictate policies regarding lan- guage was reserved to the States, or to the people under the 10th amendment. Leaving the question of official language policies to the States was most likely not an oversight by the framers of the Constitu- tion. Colonial America was a land characterized by diverse immi- grant populations. Its people were well-acquainted with the poten- tial hardships of a community with different For instance, Benjamin Franklin, in a llfguliptrlication, was bothered by the influx of German-speaking immigrants into his be- loved Pennsylvania. The framers were well acouainted with the difficulty of assimi- lating non-English-speaking peoples into the American melting pot.. After these immigrant Americans had sacrificed together to win in- dependence, however, the framers had a hardy respect for diversi- ty. Indeed, Franklin, deleted his anti-German sentiments from later publications of his observations. Franklin and the other framers commended many public policy questions, including matters relat- ing to languages, fo resolution by State and local authorities. (1) 2 lan- The States have exercised their authority with respect to designated English as the official guage. Five States have expressly recently as 1981, the tongue for all State government business. As lan- Governor of Virginia signed a law making English the "official boards guage" of the Commonwealth and specifying that "school language have no obligation to teach the standard curriculum in a other than English." foreign lan- Eleven States require all public education, except lace in English. Ten States, on the guage instruction, to take public education in areas where sub - other hand, require bill other than stantial numbers of students have a mother tongue States have English. In conformity with the vision of the framers, their own par- adapted their policies with respect to language to ticular needs. law enun- The year 1968 marked the passage of the first Federal Education ciating a policy for language instruction. The Bilingual the "special Act offered financial assistance for programs meeting 1968, the educational needs" of non-English-spea fang students. In needs" meant helping act did not declare whether meeting 'special teach- students make a quick transition to English proficiency, or 1974, howev- ing students entirely in their own mother tongue. In strengthen the latter bicultural tenden- er, the act was amended to cy of the program. education a civil In 1974, the Supreme Court made bilingual ruled that fail- rights issue. In the c,..se of Lau v. Nichols, the Court for Chinese students in their native ure to provide education Civil Rights Act prohibi- tongue constituted a violation or the 1964 origin. Thus, any tion against discrimination based on national "take affirma- school district receiving Federal aid was obliged to its in- tive steps to rectify the language deficiency in order to open structional program to these students." whether Although the Supreme Court did not take a position on proficien- bilingual education was to be a means to achieve English Department of Health, Education and cy or an end in itself, the broader in- Welfare at that time instituted regulations favoring the than learn English, terpretation of bilingual education. Rather students continued their education in many non-English-speaking of Education their native tongues. In August 1980, the Department de- proposed to replace these earlier Lou remedies with even more students in 2 con- tailed and stringent rules. Wherever 25 or more these regulations secutive grades had Ernited English proficiency, be offered would have required all substantive academic courses to in the students native languages. The nationwide cost of compliance with these procedures was es- Incoming Educa- timated to be as high as $3 billion over 5 years. rules as "harsh, tion Secretary T.H. Bell withdrew these proposed costly." inflexible, burdensome, unworkable, and incredibly policymaking In 1975, Congress ventured again into language bilingual ballots when it amended the Voting Rights Act to require who do not speak where there is a considerable number of citizens least 30 States. English. These ballots are currently required in at history of our This brings us to today's hearing, the first in the language by con- Republic on the subject of designating an official hearing, I would like stitutional amendment. At the outset of this 3 to make an observation about the gravity of 'considering amend- ments to the Constitution. The Constitution provides a framework within which each ,sitcceeding generation may resolve the social controversies unique to that era. It is not the vehicle to make the adjustments in legal policy necessitated by changing circumstances. Attempting to inculcate the mores and perspectives of any particu- lar time and place in the Constitution will inhibit the document's usefulness for resolving problems to arise in times and places we cannot now foresee. Regardless of the merit of current bilingualism policy, a constitu- tional response to these problems of recent origin may overlook the fluidamental character of our Constitution and create more prob- lems than it would resolve. For instance, the amendir4mt before the subcommittee today raises the following immediate questions in my mind: Would this language reverse the Meyer case? In the absence of any State action language, could this amend- ment empower Congress to outlaw private utilization of any par- ticular language? Would this amendment allow exceptions where public health or ksafety might be endangered by limiting public declarations to a single language? Would this ;amendment allow public school teachers to use differ- ent languages for the purpose of teaching English to non-English- speaking students? If so, what legal tests would differentiate this form of bilingual education from bilingual education designed to preserve the native tongue? What effect would this amendment have on the admission of ad- ditional States to the Union, particularly if those new States are not predominantly English speaking? Other questions will undoubtedly arise as we examine this amendment. It is nonetheless important that we give adequate con- sideration to these issues. This subcommittee is dedicated to the ex- amination of the full implications of this and other constitutional amendment proposals, and I welcome the opportunity to explore this amendment with today's witnesses. At this point, I will place my prepared statement along with a statement cf Senator Denton in the record. Also, the text of S.J. Res. 167. [Material submitted for the record follows:] lo