The Problem With Question 36
Why are so many of the answers on the U.S. citizenship test wrong?
Last month, I became an American citizen, a tremendous honor and no easy accomplishment, even for a Canadian. After living here for 12 years, I thought I knew everything. Then I learned how we mint Americans.
After years of steep filing fees and paperwork (including one letter from Homeland Security claiming that my fingerprints had "expired"), it all came down to a test. I passed, and, my fellow Americans, you could, too—if you don't mind providing answers that you know are wrong.
Friends told me I didn't need to study, the questions weren't that hard. But I wanted to and so for months I lugged around a set of government-issued flashcards, hoping to master the test. I pestered my family and friends to quiz me. Sometimes I quizzed my sources. I learned things (there are 27 amendments to the Constitution) and they learned things (there are 27 amendments to the Constitution). But then we began noticing errors in a number of the questions and answers.
Take Question 36. It asks applicants to name two members of the president's Cabinet. Among the correct answers is "Vice President." The vice president is a cabinet-level officer but he's not a Cabinet member. Cabinet members are unelected heads of executive departments, such as the Defense Department, or the State Department.
The official naturalization test booklet even hints as much: "The president may appoint other government officials to the cabinet but no elected official may serve on the cabinet while in office." Note to Homeland Security: The vice president is elected.
Still, a wonderful press officer in the New York immigration office noted that the White House's own Web site lists the vice president as a member of the Cabinet. It's still wrong, I explained. I told her that my partner wrote an entire book about the vice president and won a Pulitzer Prize for the stories. I was pretty sure about this one. A parade of constitutional scholars backed me up.
In fact, the Constitution aligns the vice president more closely with the legislative branch as president of the Senate. Not until well into the 20th century did the vice president even attend Cabinet meetings.
Then there is Question 12: What is the "rule of law"?
I showed it to lawyers and law professors. They were stumped.
There are four acceptable answers: "Everyone must follow the law"; "Leaders must obey the law"; "Government must obey the law"; "No one is above the law."
Judge Richard Posner, the constitutional scholar who serves on the U.S. Court of Appeals in Chicago, was unhappy. "These are all incorrect," he wrote me. "The rule of law means that judges decide cases 'without respect of persons,' that is, without considering the social status, attractiveness, etc. of the parties or their lawyers."
So, where do these questions come from?
U.S. Citizenship and Immigration Services, a department within Homeland Security, spent six years consulting scholars, educators, and historians before the current test was introduced in 2008. The result: 100 questions and answers designed to provide an in-depth treatment of U.S. history and government.
"The goal of the naturalization test is to ensure America's newest citizens have mastered a basic knowledge of U.S. history and have a solid foundation to continue to expand their understanding as they embark on life as U.S. citizens," said Christopher Bentley, a spokesman for USCIS.
During the citizenship interview, applicants are asked a randomly selected 10 questions from the test and must answer six correctly. In addition to the questions, there is a reading and writing test for English proficiency.
My immigration lawyer accompanied me to my interview. In the security line, I told her I was bothered by Question 16: Who makes the federal laws?
Each of the three possible answers, it seemed, was incomplete. The official answers were: "Congress"; "Senate and House (of representatives)"; "(U.S. or national) legislature." I'm not a lawyer but even Canadians watched Schoolhouse Rock. Where, I wondered, was the president, whose signature is what makes a bill into a law?
My lawyer sighed, she agreed. But: "If you get asked that question, just give the official answer," she said. I didn't get that question.
I also wasn't asked Question 1: What is the supreme law of the land?
The official answer: "the Constitution." A friend and legal scholar was aghast. That answer, he said, is "no more than one-third correct." He's right.
Article VI, clause 2 in the Constitution, known as the Supremacy Clause, explicitly says that three things—the Constitution, federal laws, and treaties—together "shall be the supreme law of the land."
Question 96 asks: Why does the flag have 13 stripes? The official answer: "because there were 13 original colonies." In fact, the flag has 13 stripes for the 13 original states.
Many of the test questions, organized under topics such as "system of government," "geography," and "American history" are correct and informative. Since I'm a reporter, one tugged at my heart.
Question 55 asks: What are two ways that Americans can participate in their democracy? Among the correct answers: "write to a newspaper."
At my interview, I was asked questions on presidential succession, the Cabinet, Senate terms, and the Supreme Court. I was asked to name a branch of government. (I went with the executive.)