A legislative spending bill that was passed in 2004 will forever make Constitution Day a hallmark of all college campuses across the nation. Why…you ask? In that bill a provision was authored by the late Sen. Robert Byrd that required all colleges and universities to incorporate Constitution Day into their curriculum or campus activities on September 17th if they want to remain eligible to receive Title IV monies (financial aid) from the federal government.

Here is the excerpt from the legislative bill referencing Constitution Day:

This notice informs educational institutions receiving Federal funds from the U.S. Department of Education (Department) of a new statutory requirement for implementation of an educational program pertaining to the United States Constitution, on a date designated by statute as Constitution Day and Citizenship Day (“Constitution Day”). This Congressional initiative is authorized by Section 111 of Division J of Pub. L. 108-447, the “Consolidated Appropriations Act, 2005,” Dec. 8, 2004; 118 Stat. 2809, 3344-45 (Section 111). The Assistant Deputy Secretary for Innovation and Improvement (Assistant Deputy Secretary) takes this action in order to implement this provision as it applies to educational institutions receiving Federal funding from the Department. Section 111(b) states “[e]ach educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution.” For purposes of the Department’s implementation of this requirement, “educational institutions” includes but is not limited to “local educational agencies” and “institutions of higher education” receiving Federal funding from the Department. Section 111 applies to all educational institutions receiving Federal funding, not only those receiving Federal funding from the Department. However, the Department’s authority only extends to those educational institutions receiving funding from the Department, and consequently the Department can only regulate with regard to those institutions. Section 111 requires that Constitution Day be held on September 17 of each year, commemorating the September 17, 1787 signing of the Constitution. However, when September 17 falls on a Saturday, Sunday, or holiday, Constitution Day shall be held during the preceding or following week. Section 111 does not authorize funds to carry out this requirement, and Section 111(d) indicates that this section shall apply “without fiscal year limitation.” Accordingly, the Assistant Deputy Secretary intends that this notice pertain to this fiscal year and all subsequent years.

While some schools believe the provision to be unconstitutional (how ironic?), you will probably see a lot of your campuses doing a number of things to help get the word out about the Constitution. And yes, a mass email to the student body from the Dean’s Office, as boring of an approach as it may be, probably qualifies under the provision above. 😉

If you would like to see the actual Constitution in real electronically scanned life, you can click on this link to visit the National Archives.