1. Language Legislation in the U.S.A. The “English as Official Language” Debate

2. English Only legislation first appeared in 1981 as a Constitutional English Language Amendment. This proposal, if approved by a two-thirds vote of the House and Senate and ratified by three-quarters of state legislatures, would have banned virtually all uses of languages other than English by federal, state, and local governments. But the measure has never come to a Congressional vote, even in committee.

3. Since 1981, 24 states have adopted various forms of Official English legislation, in addition to four that had already done so. Subtracting Hawaii (which is officially bilingual) and Alaska (whose English-only initiative has been declared unconstitutional) leaves a total of 26 states with active Official English laws. Official English legislation is being considered in additional states. These measures are unrelated, however, to the process of amending the U.S. Constitution.

4. A decade ago, English Only advocates changed their strategy. Recognizing the long odds against ratifying a constitutional amendment, they began to promote a statutory form of Official English. Such a bill would apply to the federal government alone and would require only a simple majority vote in Congress (as well as the President's signature) to become law. Several versions of so-called "Language of Government" legislation have appeared since that time. One of these bills, H.R. 123, passed the House of Representatives – but not the Senate – in 1996. So the measure failed to become law.

5. Similar legislation is pending in Congress. If enacted, it would amend the U.S. Code in the following ways: English would be designated the official language of the U.S. government – indeed, the only language that federal employees and officials, including members of Congress, would be permitted to use for most government business. The English Only mandate would extend to federal "actions, documents, policies... publications, income tax forms, informational materials," records, proceedings, letters to citizens – indeed, to any form of written communication on behalf of the U.S. government.

6. Exceptions to the ban on federal use of other languages would be permitted for purposes that include national security, international trade and diplomacy, public health and safety, criminal proceedings, language teaching, certain handicapped programs, and the preservation of Native American languages. An "entitlement" would be created, ensuring the "right" of every person to communicate with the federal government in English – in effect, a guarantee of language rights, but for English speakers only.

7. Civil lawsuits to enforce the law would be permitted by persons claiming to have been "injured by a violation" of it – a "right of action" that could give virtually any taxpayer the standing to sue in federal court. Naturalization ceremonies would be specifically restricted to English only. Bilingual provisions of the Voting Rights Act, which guarantee minority-language voting materials in certain jurisdictions, would be repealed.

8. Much uncertainty remains about the practical impact of Official English bills on a spectrum of language services, from bilingual education to Social Security pamphlets to sign-language interpreting. If passed, the courts would almost certainly determine its interpretation. The 1996 House floor debate on the bill offers various views on its pros, cons, and potential effects. The Clinton Administration strongly opposed this legislation. The Bush administration had yet to take a formal position prior to the November elections, although as governor of Texas, George W. Bush spoke out against Official English and anti-bilingual-education proposals.

9. The Obama Administration The new administration has yet to act on this legislation with so many more pressing issues facing this country and world. Yet, the bill remains active.

10. : This presentation was created following the Fair Use Guidelines for Educational Multimedia. Certain materials are included under the Fair Use exemption of the U.S. Copyright Law. Further use of these materials and this presentation is restricted. Created by V. Clock for Mona Shores High School Junior English