Order Code RL33356
English as the Official Language of the UnitedStates: Legal Background and Analysis ofLegislation in the 110
th
Congress
Updated January 25, 2007
Jody FederLegislative AttorneyAmerican Law Division
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English as the Official Language of the United States:Legal Background and Analysis of Legislation in the110
th
Congress
Summary
Congressional proposals to install English as the official language of the UnitedStates reflect yet another aspect of the complicated ongoing national debate overimmigration policy. The modern “Official English” movement may be traced to themid-1980s, when various proposals to achieve linguistic uniformity by constitutionalamendment were considered. While these earlier federal efforts failed, somelegislation promoting official English laws at the state level was more successful. Atleast 28 states have laws declaring English to be the official state language. Thesestate laws have usually been enacted by direct popular votes on referenda bysubstantial margins.In response, renewed congressional efforts to codify English as the “official” or“national” language by statute largely replaced the constitutional amendmentapproach of earlier years. This trend culminated in 1996 when the House passed H.R.123, to declare English the official language of the United States government andrestricting other linguistic usage in the conduct of “official” governmental business.The measure died in the Senate. Contemporary versions of the earlier measure,however, have appeared in subsequent legislative sessions, and similar legislation hasbeen introduced in the 110
th
Congress. Both H.J.Res. 17 and H.J.Res. 19 wouldamend the Constitution to establish English as the official language of the UnitedStates, while H.Con.Res. 11 would resolve that the federal government should pursuepolicies that not only encourage all residents to become fully proficient in English butalso encourage all residents to learn or maintain skills in languages other thanEnglish.
Contents
Introduction......................................................1Federal Legislation to Make English the Official Language of Government....2Federal Policy on Foreign Language Assistance .....................7Constitutional Law Implications of Official English.......................8Miscellaneous Federal Policies Providing for Non-English Translationand Services................................................12State Laws......................................................13
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English as the Official Language of the United States: Legal Background and Analysis of Legislation in the 110th Congress
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