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Tuesday, January 11, 2011

English as the Official Language of the United States: Legal Background


Jody Feder
Legislative Attorney

Congressional proposals to install English as the official language of the United States reflect yet another aspect of the complicated ongoing national debate over immigration policy. The modern “Official English” movement may be traced to the mid-1980s, when various proposals to achieve linguistic uniformity by constitutional amendment were considered. While these earlier federal efforts failed, some legislation promoting official English laws at the state level was more successful. At least 30 states have laws declaring English to be the official state language.

In response, renewed congressional efforts to codify English as the “official” or “national” language by statute largely replaced the constitutional amendment approach of earlier years. For over a decade, legislation that would either declare English the official language of the United States government or that would oppose such declarations has been introduced in Congress. This report discusses the legal effect of some of these congressional proposals, as well as current federal policy on foreign language assistance, the constitutional law implications of official English proposals, and legal issues regarding state laws on official English
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Date of Report: December 23, 2010
Number of Pages: 13
Order Number: RL33356
Price: $29.95

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