Plainly, critical thinking, is not limited
to reading between the lines, nor never believing everything you read..
Moral conviction is regarded as having the disposition to set aside any
biased (preferential) or partisan (loyalty) thinking based wholly or in
part on superstitions, nonscientific or mystic explanations in favor of
intellectual objectivity, open-mindedness, and universal convictions. Decisions
drawn from faith, subjective viewpoint, or intuition are irrational and
do not contribute to good thinking. Critical thinking skills are the modernists'
moral attitudes. Dewey is at the heart of the book's thinking which
continues to be supported by the NEA, now reflected in Idaho's standards.
Critical thinking attitudes are the 'salt' of economic and history studies
today.
"Samples of Applications" within the standards
shed even more light on where this type of thinking will lead our children.
Choosing a sample topic, let's discover the 'Supremacy Clause', keeping
in mind our critical attitudes. You are now a student, having no previous
sequential instruction of the Constitution, and you are too inexperience
to know that your teacher should be well grounded in the complexities of
constitutional law and balance of legitimate powers.
The Assignment
Let's apply some of Idaho's proposed critical
thinking, analytical and evolution of democracy skills to examining the
Supremacy Clause.
1. Describe the various interpretations of
the Supremacy Clause, using primary sources.
2. Identify the tensions that might occur between
local governments and "The Supreme Law of the Land".
3. Compare a 'states rights' dispute, past or
present, in which the Supreme Court ruled based on the Supremacy Clause.
4. Evaluate which interpretation would favor
the common good in an American democracy.
The Supremacy Clause states:
"This Constitution, and the Laws of
the United States which shall be made in Pursuance thereof; and all Treaties
made, or which shall be made, under the Authority of the United States,
shall be the supreme Law of the Land; and the Judges in every states shal
be bound thereby, any Thing in the Constitution or Laws of any State to
the contrary notwithstanding." U.S. Const. art. VI. Paragraph 2.
Now, possibly the teacher would have you answer
the above questions, assign a research paper or have you do an oral presentation
using the clause to judge the constitutionality of a particular treaty.
Resources given to you may include Congressional
laws, court cases (i.e Edgar v. Mite Corp., Stone v. City and County of
San Francisco, Hendricks v. Maryland), Federalist Papers, or various treaties.
Or.. more likely, refer you to recommended web sites that provide civics
instruction. Can you see the complexity of your assignment on this topic?
Can you foresee similar performance items in the assessments based on these
standards? Do you have the required critical attitudes to act upon any
given assignment?
A pre-requisite understanding of "balance of powers",
sections of the Constitution pertaining to this clause, the meaning of
"pursuant to", and the 10th Amendment, to mention a few, may not be covered
in a real exercise, especially in a standards design that eliminates a
scope and sequence framework for studying the Constitution. Nowhere in
the standards is a provision for studying the Constitution as a whole.
The standard state:
"Compare and contrast" (find the
similarities and differences) the essential ideals and objectives of the
original organizing documents of the U.S. including the Declaration of
Independence, the Articles of Confederation and the United States Constitution."
Are some ideals more essential than
others? Are the objectives derived from original intent or are they dependent
on interpretation?
Given enough time and depth of study some
students may perform correctly. They must "critically analyze", "compare
and contrast", "distinguish between primary and secondary resources" and
"recognize tensions". Whether they pass the test or not, they will garnish
'change' in interpretations through the decades and see the continuing
tug of war between federal and states' rights, but will they leave the
course with convictions based on a study of the whole Constitution,
let alone original intent? As the standards stand now, the answer
is clearly NO. Critical thinking has no room for subjective observations
or partisanship.
Staunch adherents to critical attitudes
are foreign to "taking it on faith", ruling out human intuitiveness or
direct factual instruction. They regard knowledge in a constant state
of flux and maintain the the whole is greater than the sum of its parts.
This 'utilitarian' thought, erodes individual merit and competitiveness
and stipulates that children are only healthy when they are free
from biased authority. Who is more biased than parents? They love their
children and many in America wish to pass on the convictions of their American
Republic heritage.
One rarely discussed principle in a democracy
is the principle of reversibility (which) shall be obtained. You will not
find it in the Constitution, state or federal. Our forefather's did
not set up a democracy. The legitimacy in a democracy lies in having citizens
practiced in critical thinking attitudes. I challenge our state representatives
and school administrators to be the first to take the examination based
on the exiting standards AND research the "principle of reversibilty" which
is to maintain democratic thought throughout the world.
P.S.
Ironically, the paragraph following the Supremacy Clause states, "The
Senators and Representatives before mentioned, and the Members of the several
State Legislatures, and all executive and judicial Officers, both of the
United States and of the several States, shall be bound by Oath or Affirmation
to support this Constitution; but no religious Test shall ever be required
as a qualification to any Office or public Trust under the United States."
This is the dilemma. It is an oxymoron to have a
faith AND critical thinking skills..