Constitutional drama, under our noses, off the radar

May 2, 2010

What about that impeachment trial, eh?  Planning to watch it?

Your best bet might be C-SPAN, but I wouldn’t wager the mortgage were I you.

Impeachment trial of President Andrew Johnson in the U.S. Senate, 1868; from Harper's Weekly, April 11, 1868 - public domain

Impeachment trial of President Andrew Johnson in the U.S. Senate, 1868; from Harper's Weekly, April 11, 1868 - public domain

Federal Judge Thomas Porteous of New Orleans got four articles of impeachment approved against him by the U.S. House of Representatives on March 10.  The first article got a nearly unanimous vote — who says the House is divided? — 412 to 0.  Three other articles got similar margins, 410-0, 416-0, and 423-0.

Unless you live in New Orleans or have a strange fascination for that great newspaper, The New Orleans Times-Picayune, you probably heard nothing about this great Constitutional drama. If you get the Times-Picayune, you’ve had good coverage of the issue so far.

Under its own special rules of impeachment, the Senate appointed a committee led by Sen. Claire McCaskill, D-Missouri, which will hold the actual trial and report results to the full Senate for action.  Sen. McCaskill said she expects the trial to begin in early August, and that the report to the full Senate could come as soon as September.

While news media and bloggers chase ghosts and hoaxes, real work continues in Washington, D.C.  You just don’t hear much about it.

You likely have not heard of Judge Proteous’s troubles, though they are long-standing, because the issue was a local, Louisiana and New Orleans affair.  Heaven knows New Orleans has had its share of other stories to knock off the front pages the ethical lapses of a sitting federal judge who was once a promising attorney.

Should you have heard?  How can we judge?  Should we not be concerned when a relatively important story is not only bumped to the back pages of newspapers, but bumped completely out of them, and off the radar of people who need to be informed about how well our government works?

My alert to this story came through a back-door route.  On the list-serv for AP Government, someone asked who presides at the impeachment trial of the Chief Justice — remember, the Constitution spells out that the Chief Justice is the presiding officer in the impeachment of the President or Vice President.  My memory is that the Senate rules on impeachments, and there is a committee that effectively presides, and that the impeachment of a Vice President or President merits special attention because the Vice President is the official, Constitutionally-mentioned presiding officer.  We can’t have the vice president presiding at the trial of himself or herself, nor of the president.  Looking up impeachment procedures, I stumbled across the pending impeachment of Judge Porteous.  I don’t think it has appeared in our local newspaper, The Dallas Morning News.

Other judges have been impeached.  Here in Texas, within the past three years, we had a federal judge impeached, Samuel Kent.  You’d think Texas media would be sensitive to such stories. (Kent resigned before the trial could begin.)

I perceive that media are ignoring several important areas of federal governing, not necessarily intentionally, but instead by being distracted by nonentity stories or stories that just don’t deserve the inflated coverage they get.  Among undercovered areas are the environment, energy research, higher education, foreign aid, management of public lands and justice, including indictments, trials and convictions.  A vast gray hole where should be the news of Judge Porteous’s pending impeachment is just one symptom.

Several news outlets carried stories:

More:


Ravitch calls the issue: Will public education survive?

May 1, 2010

Diane Ravitch in Dallas, April 28, 2010 - IMGP3872  Copyright 2010 Ed Darrell

Diane Ravitch in Dallas, April 28, 2010 – Copyright 2010 Ed Darrell (you may use freely, with attribution)

Bill McKenzie, editorial board member and writer for the Dallas Morning News, wrote briefly about the rekindled controversy over standards a year ago — but did he listen to Diane Ravitch on Wednesday night?

He should have.

I first met Ravitch a couple of decades ago when I worked for Checker Finn at the Office of Educational Research and Improvement.   Ted Bell’s idea of a commission to look at education quality, and it’s 1983 report, saved the Reagan administration and assured Reagan’s reelection in 1984.  She was one of the most prodigious and serious thinkers behind education reform efforts, then a close friend of Finn (who was Assistant Secretary of  Education for Research) — a position that Ravitch herself held in the administration of George H. W. Bush.

Ravitch now criticizes the end result of all that turmoil and hard work, the No Child Left Behind Act, and the way it has distorted education to keep us in the crisis we were warned of in 1983.  Then, the “rising tide of mediocrity” came in part because we didn’t have a good way to compare student achievement, state to state.  Today, the mediocrity is driven by the tests that resulted from legislative efforts to solve the problem.

Conditions in education in America have changed.  We still have a crisis after 27 years of education reform (how long do we have a crisis before it becomes the norm), but for the first time, Ravitch said, “There is a real question about whether public education will survive.”  The past consensus on the value of public education and need for public schools, as I would put it, now is challenged by people who want to kill it.

“The new issue today:  Will we have a public education system bound by law to accept all children.”

Ironic, no?  The No Child Left Behind Act has instead created a system where many children could be forced to the rear.

I took an evening in the middle of a week of TAKS testing — the Texas Assessment of Knowledge and Skills.  With ninth through twelfth grades, we had four days of testing which essentially requires the shutdown of the education for the week (we had Monday to review for the test).  It was a week to reflect on just how far we have strayed from the good intentions of public education advocates who pushed the Excellence in Education Commission’s report in 1983.

Ravitch spoke for over an hour.  I’ll have more to report as I get caught up, after a month of meetings, test prep, testing, and little sleep.

Background, more: