Constitutional Law

LEGISLATIVE BRANCH: LAWS & AMENDMENTS
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Law as it currently appears in Nexis Uni

§ 106. Constitution Day and Citizenship Day, 36 USCS § 106 (Current through Public Law 117-39, approved August 31, 2021.) (Nexis Uni, use Netpass)

(a) Designation. September 17 is designated as Constitution Day and Citizenship Day. 

(b) Purpose. Constitution Day and Citizenship Day commemorate the formation and signing on September 17, 1787, of the Constitution and recognize all who, by coming of age or by naturalization, have become citizens. 

(c) Proclamation. The President may issue each year a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings on Constitution Day and Citizenship Day and inviting the people of the United States to observe Constitution Day and Citizenship Day, in schools and churches, or other suitable places, with appropriate ceremonies. 

(d) State and local observances. The civil and educational authorities of States, counties, cities, and towns are urged to make plans for the proper observance of Constitution Day and Citizenship Day and for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the State and locality in which they reside. 

History: Act Aug. 12, 1998, P. L. 105-225, § 1, 112 Stat. 1255; Dec. 8, 2004, P. L. 108-447, Div J, Title I, § 111(c)(1), 118 Stat. 3344. 
 
Excerpt from the 1998 Amendment Public Law No: 105-225 (08/12/1998) : To revise, codify, and enact without substantive change certain general  and permanent laws, related to patriotic and national observances, ceremonies, and organizations, as title 36, United States Code, ``Patriotic and National Observances, Ceremonies, and Organizations' <<NOTE: Aug. 12, 1998 - [H.R. 1085]>> 

Sec. 106. Citizenship Day (a) Designation.--September 17 is Citizenship Day. (b) Purpose.--Citizenship Day commemorates the formation and signing on September 17, 1787, of the Constitution and recognizes all who, by coming of age or by naturalization, have become citizens. (c) Proclamation.--The President may issue each year a proclamation calling on United States Government officials to display the flag of the United States on all Government buildings on Citizenship Day and inviting the people of the United States to observe Citizenship Day, in schools and churches, or other suitable places, with appropriate ceremonies. 

Excerpt from the 2004 amendment: Educational and training materials concerning U.S. Constitution. Act Dec. 8, 2004, P. L. 108-447, Div J, Title I, § 111, 118 Stat. 3344, provides: 

“(a) The head of each Federal agency or department shall— 

“(1) provide each new employee of the agency or department with educational and training materials concerning the United States Constitution as part of the orientation materials provided to the new employee; and 

“(2) provide educational and training materials concerning the United States Constitution to each employee of the agency or department on September 17 of each year. 

“(b) Each educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution. 

“(c) [Omitted—This subsection amended 36 USCS § 106.] 

“(d) This section shall be without fiscal year limitation.”. 

Congress.gov P.L. 198-447, see p. 536 

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EXECUTIVE BRANCH:  PRESIDENTIAL PROCLAMATIONS
Search GovInfo for "Constitution Day" for current documents;  search it for "Constitution Week" and limit to 1956 for documents around the time the resolution was introduced. 

GovInfo:  Compilations of Presidential Documents   Search this source for "Constitution Day" 

Title 3 of the Code of Federal Regulations include Presidential documents.   They first appear in the Federal Register: National Archives and Records Administration Office of the Federal Register, Federal Register Vol. 21, No.171, September 1, 1956 (Office of the Federal Register, National Archives and Records Administration) (1956),  See p. 6593, 6595

President Biden: A Proclamation on Constitution Day and Citizenship Day, and Constitution Week, 2021

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Additional Background

• Citizenship Day Used to Be Called “I Am an American Day.” Here’s How It Came to Be—and Why It Changed Time, (last visited Sep 29, 2021)
• What Should We Celebrate on Constitution Day?, 41 Ga. L. Rev. 453, (Netpass required)
• Constitution Day National Constitution Center – constitutioncenter.org
• Constitution Day and Citizenship Day United States Courts
• Constitution Week Daughters of the American Revolution
• History of Constitution Day ConstitutionFacts.com 
• U.S. Senate: Constitution Day 

Compiled by using the following resources on the federal level:  GovInfo, Congress.gov, Nexis Uni   Excerpts of key documents; this is not comprehensive – it doesn’t include all documents found in searching. 

Pre-1940 S. Con. Res. 23 shows appreciation to David L. Pierson, Esq., past secretary of the New Jersey Society of the Sons of the American Revolution, “for his noble and patriotic wok as the originator of the observance of the 17th day of September of each year as Constitution Day”   

83 Cong. Rec. (Bound) - February 8, 1938 govinfo.gov

1940 I am an American Day 

Federal Register Vol. 5, No.89, May 7, 1940 govinfo.gov, 

Proclamation from President Franklin D Roosevelt, May 19, 1940. Excerpt: 

“That the third Sunday in May each year be, and hereby is, set aside as Citizenship Day and that the President of the United States is hereby authorized and requested to issue annually a proclamation setting aside that day as a public occasion for the recognition of all who, by coming of age or naturalization, have attained the status of citizenship, and the day shall be designated as ‘I Am An American Day’.  That the civil and educational authorities of States, counties, cities, and towns be, and they are hereby urged to make plans for the proper observance of this day and for the full instruction of future citizens in their responsibilities and opportunities as citizens of the United States and of the States and localities in which they reside” 

1952 Citizenship Day 

H.J.Res.314 - 82nd Congress (1951-1952): Joint resolution designating September 17 of each year as “‘Citizenship Day,’”   
Statutes at Large 66 Stat. 9 -- (I was able to access this from the Nexis Uni Legislative History) 
Became Public Law No. 82-261 
 
Federal Register Vol. 17, No.148, July 30, 1952 govinfo.gov

Proclamation 2984:  Citizenship Day, 1952 by President Harry S. Truman on July 25, 1952 

“Whereas by a joint resolution approved February 29, 1952 (Public Law 261, 82nd Congress), the  Congress of the United States has designated the 17th Day of September of each year as  Citizenship Day in commemoration of the formation and signing on September 17, 1787, of the  Constitution of the United States and in recognition of all who, by coming of age or by  naturalization, have attained the full status of citizenship....” 

1956 Constitution Week becomes law.  P.L. 84-915 (47 U.S.C. 221, 48 Stat. 1080).
Joint resolution authorizing the President of the United States to designate the period beginning September 17 and ending September 23 of each year as Constitution Week (1956),  Approved August 2, 1956.  Click on the TEXT tab to view the resolution. 
Congress, 102 Cong. Rec. (Bound) - Senate: April 19, 1956 (U.S. Government Publishing Office) (1956), See page 2.  Includes a letter of support for the resolution (SJR 105) from the Sons of the American Revolution to Senator Knowland and President Eisenhower.
Became: Public Law No. 84-915,  70 Stat. 954 

“Resolved by the Senate and House of Representatives of the United States of America in  Congress assembled, That the President of the United States is authorized and requested to  designate the period beginning September 17 and ending September 23 of each year as  Constitution Week, and to issue annually a proclamation inviting the people of the United States  to observe such week in schools, churches, and other suitable places with appropriate  ceremonies and activities.”  Approved August 2, 1956 

1998  Enacts title 36 of the United States Code into positive law to be entitled "Patriotic and National Observances, Ceremonies, and Organizations." Makes technical, conforming, and consolidating changes to existing law. 

Henry J. Hyde, H.R.1085 - 105th Congress (1997-1998): To revise, codify, and enact without substantive change certain general and permanent laws, related to patriotic and national observances, ceremonies, and organizations, as title 36, United States Code, “Patriotic and National Observances, Ceremonies, and Organizations”. (1998) 
 
This consolidated patriotic observances in Title 36 of the United States Code. We see Citizenship Day in section 106 and Constitution Week in section108. 

2004 The Consolidated Appropriations Act, December 8, 2004 added Constitution Day to Citizenship Day. 

Jim Kolbe, H.R.4818 - 108th Congress (2003-2004): Consolidated Appropriations Act, 2005 (2004),