E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
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Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
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Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
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Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Across the country yesterday, unauthorized immigrants and their allies held a boycott. Early estimates suggest that nearly one million people stayed home from work and school. The soundtrack for the event included Nuestro Himno, a Spanish-language version of the Star Spangled Banner accented by Latin American rhythms and instrumentation. This adaptation of a cherished symbol of American identity, intended by its producers at the New York-based Urban Box Office as an expression of patriotism, did not impress all observers. Yesterday, Lamar Alexander introduced a resolution in the Senate insisting that the anthem be sung in English. . When asked about the translated anthem during last Friday's Rose Garden press conference, President Bush declared: "I think people who want to be a citizen of this country ought to learn English and they ought to learn to sing the national anthem in English."
President Bush has one thing right about what has been happening. Events like the boycott and the rallies held in April underscore immigrants' desire to be considered Americans. These events highlight the considerable roles immigrants (in particular unauthorized immigrants) play in the life of the nation-the fact that immigrants already belong to our communities. The demonstrations also constitute a loud call to Congress not to criminalize unauthorized status and to provide unauthorized immigrants with a path to American citizenship-a path to permanent belonging. The Spanish-language anthem, which will appear on an album exploring the immigrant experience called "Somos Americanos," symbolically expresses this desire to belong.
But the President was off-base in suggesting that singing the national anthem in Spanish diminishes its value, or undermines the anthem's celebration of American identity and unity. Behind the President's statement and the other condemnations of the Spanish-language translation lurks a fear of disloyalty, or the suspicion that translating the symbols of American citizenship implies their rejection. But in the debate over immigration reform, it is crucial to keep one very simple premise in mind. Acts like the translation of the national anthem into Spanish are not rejections of the English language or of American culture. Immigrants, probably without exception, hope to learn and expect their children to learn English. An either/or mentality with respect to language usage has a vise-like grip on American thinking, but learning and using English need not be synonymous with forgetting Spanish, or reserving its use only for private occasions.
In fact, the controversy over the anthem highlights how Spanish-language usage can help inculcate the values of citizenship. The idea of translating the anthem arose when organizers of a rally in the Washington area began distributing the English-language lyrics with phonetic pronunciation guides for demonstrators who did not speak English. For many marchers, then, the translated version transformed a meaningless repetition into an actual engagement with the content of the anthem. More broadly, the Spanish-language media and the use of culturally familiar modes of discourse have helped make the organizational feats of the last month possible, simply by spreading the word. The demonstrations have raised political consciousness, fostered community solidarity, given individuals agency, and inspired peaceful petitioning of government-all important values of citizenship. Ultimately, the demonstrators' chants of "sÃ, se puede" and the translation of the anthem give immigrants and their allies a personal and meaningful way of expressing their belonging in public life. Far from being a rejection of assimilation, these uses of the Spanish language convey the desire to be seen as full members of American society.
The fact that expressions of belonging sometimes take shape through the Spanish language-in some cases out of necessity, in other cases as the result of preference-underscores another simple point about the process of assimilation. It is a two-way phenomenon. It requires not only the adjustment of the immigrant population to the customs and traditions of the dominant society, but also the adjustment of the dominant society to the realities of the immigrant population. This dimension of assimilation is part of what makes immigration seem culturally destabilizing to some, but without openness to change and willingness to adapt to new circumstances, no society can remain economically and culturally vital.
mp: "Does anybody know if the Spanish language version was faithful to the original?"
If you ask whether the Spanish-language lyrics say actually the same as the English-language ones, the answer is that they don't. However, it can be considered "faithful" in the sense that both versions defend the idea of fight for freedom, and pay tribute to the U.S. flag (although the Spanish version refers to it as "sacred flag", which I found to be an inappropriate religious claim).
Well, duh, MP: And if a bank robber is "authorized" to make the withdrawl, he's not a bank robber. Many things that are crimes would be legal if you actually secured permission before you did them, but that doesn't make the people who do them without that permission "unauthorized".
It makes them criminals.
I will say this, though: At least "unauthorized" sort of acknowleges that there's a problem. "Undocumented" makes it sound like they got their wallets lifted. And the unadorned "immigrant" represents an effort to make opponents of illegal immigration look like they're opposed to ALL immigration.
So, yes, there are graduations between the various weasel-words. But the correct terminology, until the law is changed, is "illegal".