Constitution survives Chuck Norris roundhouse kick

November 20, 2007

Chuck Norris’s brain waves could be picked up on a transistor radio — nobody knows because he doesn’t think.This must be a television advertising spot, but I hope it’s not rated as a public service spot, since it encourages stupidity and illegal school board actions.

(Is it my imagination, or is Norris using the same bottle of orange hair dye that Sen. Strom Thurmond, R-Mars, used in the last 65 years of his life?)

Norris is promoting the suspect curriculum of the National Council on Bible Curriculum in Public Schools (NCBCPS), a group of fundamentalist right-wingers who originally promoted “Thou Shalt Not Steal” with plagiarized material. Do not trust that curriculum.

Analysis of this curriculum for the Texas Freedom Network by a distinguished Bible scholar from Southern Methodist University, Dr. Mark Chancey, showed that the curriculum as revised still presents enormous legal problems — it promotes fundamentalist Christian theology — as well as being academically flaccid. Despite an update in late 2005/early 2006 designed to alleviate some of the more egregious errors of fact, Bible fact, and plagiarism, NCBCPS refuses to release their curriculum for analysis; copies obtained from schools in Texas show many of the old problems remain (see page 61 of this document).

Errors in Norris’s claims:

  1. The U.S. was not “founded on Biblical principles.” For Texas, teaching this would lead students astray of the state’s Texas Essential Knowledge and Skills (TEKS).
  2. The Supreme Court has never ruled that it’s legal to teach with the Bible as a textbook. In obiter dicta in religion in the schools cases, the Court has noted that a non-sectarian, fair teaching of the Bible as literature, or as it relates to history, should be part of a full and complete education. Specifically, the Court has never ruled that a course such as the one Norris proposes would be legal; instead, the Court has held consistently that course content that appears to be religious indoctrination as this course, is illegal, a violation of students’ religious rights and and over-reach by government. School boards may not endorse one faith over another.
  3. The count of schools using the NCBCPS curriculum is inflated. The group refuses to identify any school using their materials, but their claims in Texas were found to be inflated when compared with the materials school districts actually used.

Religion has played a big role in U.S. history. No student needs to be converted to Christianity in order to study that role. Nor does the role of Christianity need to be exaggerated.

Good Bible curricula exist, open to inspection, passed by religious scholars, approved by First Amendment and education lawyers. See the materials from the Bible Literacy Project, for a good example. NCBCPS’s curriculum, the one Norris promotes, is not that approved, educationally valuable curriculum.

Tip of the old scrub brush to “Why, That’s Delightful,” in the post “Chuck Norris Fact #277,090 : He’s an idiot”

Below the fold: Texas Faith Network’s guidelines for using the Bible in public schools

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Essay contest: Being an American

October 31, 2007

I get e-mail, some of it interesting, some of it useful in the classroom.

The Bill of Rights Institute’s essay contest has a deadline just over a month away. Are your students entering?

Here’s the e-mail I got:

___________________________________

It is not too late for you and your students to win over $63,000 in awards by entering the Being an American essay contest.

Assign the essay question to your students today!
They will explore civic values, describe American ideals, and connect with the Constitution. The top winners will attend an awards ceremony in Washington, D.C. on April 4-5, 2008!

Contest ends December 3, 2007!
Visit the contest website for more information
.


Intelligent design: Pigs still don’t fly

October 1, 2007

Encore Post

On the road for a day and a half. Here is an encore post from last October, an issue that remains salient, sadly, as creationists have stepped up their presence in Texas before the next round of biology textbook approvals before the Texas State Board of Education. I discuss why intelligent design should not be in science books.

Image: Flying Pig Brewing Co., Everett, Washington 
Flying pig image from Flying Pig Brewery, Seattle, Washington.

Flying pig image from Flying Pig Brewery, Everett, Washington. (Late brewery? Has it closed?)

[From October 2006]: We’re talking past each other now over at Right Reason, on a thread that started out lamenting Baylor’s initial decision to deny Dr. Francis Beckwith tenure last year, but quickly changed once news got out that Beckwith’s appeal of the decision was successful.

I noted that Beckwith’s getting tenure denies ID advocates of an argument that Beckwith is being persecuted for his ID views (wholly apart from the fact that there is zero indication his views on this issue had anything to do with his tenure discussions). Of course, I was wrong there — ID advocates have since continued to claim persecution where none exists. Never let the facts get in the way of a creationism rant, is the first rule of creationism.

Discussion has since turned to the legality of teaching intelligent design in a public school science class. This is well settled law — it’s not legal, not so long as there remains no undisproven science to back ID or any other form of creationism.

Background: The Supreme Court affirmed the law in a 1987 case from Louisiana, Edwards v. Aguillard (482 U.S. 578), affirming a district court’s grant of summary judgment against a state law requiring schools to teach creationism whenever evolution was covered in the curriculum. Summary judgment was issued by the district court because the issues were not materially different from those in an earlier case in Arkansas, McLean vs. Arkansas (529 F. Supp. 1255, 1266 (ED Ark. 1982)). There the court held, after trial, that there is no science in creationism that would allow it to be discussed as science in a classroom, and further that creationism is based in scripture and the advocates of creationism have religious reasons only to make such laws. (During depositions, each creationism advocate was asked, under oath, whether they knew of research that supports creationism; each answered “no.” Then they were asked where creationism comes from, and each answered that it comes from scripture. It is often noted how the testimony changes from creationists, when under oath.)

Especially after the Arkansas trial, it was clear that in order to get creationism into the textbooks, creationists would have to hit the laboratories and the field to do some science to back their claims. Oddly, they have staunchly avoided doing any such work, instead claiming victimhood, usually on religious grounds. To the extent ID differs from all other forms of creationism, the applicability of the law to ID was affirmed late last year in the Pennsylvania case, Kitzmiller v. Dover.

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Trial by Jury (grades 5-8)

September 30, 2007

Trial simulations put students into the middle of tough topics in government, economics and history — or can do, depending on how well the simulations work. In the middle of the fight is a great place to learn.

Scholastic.com features a series of lesson plans suitable for government and civics. Looking for Constitution Day lesson plans I stumbled into a trial-by-jury simulation, with the mock trial script all prepared for you, for grades 5 through 8.

It looks to me to be a good way to study the jury system (see Amendments 6 and 7 of the Constitution).  The lesson plans and materials were designed, and their dissemination supported by the American Board of Trial Advocates.  Yes, that’s a group with a view; no, the bias doesn’t show up in the classroom materials, really.

Here’s a graphic on amending the Constitution, from the same site. This could be reproduced for student journals, printed for small posters, or, check with your high school drafting classes to see whether they won’t print this out for you in a poster size, in color. Scholastic.com features nine graphic pages like that one.

Trial by jury provides the foundation for some of our greatest drama: On television with Perry Mason, Matlock, Law & Order, Boston Legal, or L.A. Law; on the stage with Inherit the Wind and Ayn Rand’s The Night of January 16th; in opera with Gilbert and Sullivan’s Trial by Jury (okay, in operetta). This is the sort of thing students enjoy, and probably will remember.

How and why to show up for jury duty is one of the most important understandings our students can take away.

Justice by the People logo, from Scholastic.com


More students with good ideas about improving schools

September 29, 2007

Not on the same academic plane as Andrea Drusch, but important. See the details at Pharyngula, “Growing bolder in Boulder.”


What makes America worth defending

September 28, 2007

Anyone who wonders why the United States is worth defending should read the judge’s decision in the case of Brandon Mayfield.

Mayfield is the Oregon lawyer who was accused of being a participant in the al Quaeda-connected bombings of commuter trains in Madrid, Spain. The accusation appears to have been based mostly on Mr. Mayfield’s religious affiliation, and not on any evidence. Mayfield was arrested, charged and held in jail, until the charges were dismissed.

Mayfield’s suit points out that the government acted illegally against him, in violation of the Fourth Amendment of the Constitution, which bans searches without a valid warrant. It appears that Mr. Mayfield’s religion was the chief basis for the search warrants obtained.

In what other nation, in a time considered to be a time of war, could such a suit protecting a citizen against his own government be entertained? In what other nation could one judge declare such a major action of its government to be illegal, with any expectation that the government would obey such a ruling?

The case will probably be appealed.

Ed Brayton at Dispatches from the Culture Wars covers the issue well enough to make a lesson plan out of it for government or civics classes.

Also:


Former Arkansas teacher remembers, long before 1957

September 27, 2007

Poignant story from the Associated Press, via Teacher magazine, about the Emancipation Proclamation, picking cotton, Brown v. Board of Education, and education.


50 years after Little Rock: Lesson plans

September 27, 2007

Tolerance.org features a solid lesson plan on what the nation should have learned from the events in Little Rock, Arkansas, in 1957 — when nine African American students challenged segregation and sought to enroll at Little Rock’s Central High School. It’s timely — the actual anniversary is this month. This is a key point for Texas’s U.S. history standards:

September 2007 – This month, our nation marks the 50th anniversary of the Little Rock Nine’s attempt to integrate schools. Have we really learned how to break down barriers?

This lesson plan is excerpted from the 2007-2008 Mix It Up Planner. Learn more about national Mix It Up at Lunch Day, to be held on Nov. 13, 2007!

Objectives:

  • Students will draw conclusions about boundary crossing from history and literature.
  • Students will identify boundaries in their classroom or school, cross those boundaries, report back and reflect on what they learned.

Tolerance.org carries several lesson plans teachers will find useful.


UC Irvine works to rehire Chemerinsky; OC Republicans make trouble

September 15, 2007

If you can figure some way to interpret this story in the LA Times as other than the Orange County Republicans don’t want a good, powerful dean of the UC-Irvine law school, let me know in comments. (This is a follow-up of my earlier post.)

This is one more case of Republicans working hard to keep education from being first rate, out of misplaced fear of what well-educated people can do. Uneducated peasants don’t contradict the priests, Jefferson and Madison observed. The OC Republicans know that.

Constitutional law is a good thing, they seem to be saying, so long as it never works to protect the poor, people accused or convicted of criminals, or citizens injured by corporations.

It’s an interesting barrel Chemerinsky has them over; much of the commentary, even among conservatives opposed to Chemerinsky’s views, has it that UC-Irvine will be unable to attract a first-rate dean, and a first-rate faculty, now that this ugly politics cat is out of the bag. If they cannot strike a deal with Chemerinsky to be rehired, they are in real trouble.

Let me say that I don’t put a lot of credence in the claims that pressure from outsiders is a strong motivating force in this crash.  Having worked for both Democrats and Republicans, I’ve seen this too often, and it has all the symptoms of big donor demands to take back a perfectly rational decision for unholy political purposes.  My experience, mostly from the Republican side, is that this is almost exclusively a Republican phenomenon, that big donors expect public institutions to which they donate to dance to their fiddlers.  (There are exceptions, of course.  But let me say:  Ray Donovan.)

Maybe he can negotiate to require the Republican politicians who oppose his hiring to attend a 1st year Constitutional law class that Chemerinsky would teach, and they would have to do it for a grade that will be published. That would be a huge win all the way around, I think:  Chemerinsky gets the job, UC-Irvine gets a the fast-track to high quality legal education, Republicans get a chance to know and understand Chemerinsky in the classroom, and some much needed education about the Constitution sinks into the Republicans.

Dream big, I always say.

Other sources:


Constitution Day, September 17

September 9, 2007

Get ready.

Constitution Day is September 17, 2007. It’s the anniversary of the day in 1787 when 39 men signed their names to the proposed Constitution of the United States of America, to send it off to the Continental Congress, who was asked to send it to specially convened meetings of citizens of the 13 states for ratification. When and if nine of the former colonies ratified it, it would become the document that created a federal government for those nine and any of the other four who joined.

Banner from Constitution Day website

For Texas, the requirement to commemorate the Constitution was changed to “Celebrate Freedom Week” effective 2003. This week is expected to coincide with the week that includes national Veterans Day, November 11. School trustees may change to a different week. (See § 74.33 of the Texas Education Code) Texas does require students to recite a section from the Declaration of Indpendence. (Recitation is highlighted below the fold.)

Knowledge of the Constitution is abysmal, according to most surveys. Students are eager to learn the material, I find, especially when it comes presented in interesting ways, in context of cases that interest the students. The trick is to find those things that make the Constitution interesting, and develop the lesson plans. Some classes will be entertained by Schoolhouse Rock segments; some classes will dive into Supreme Court cases or other serious issues, say the legality of torture of “enemy combatants” or warrantless domestic surveillance. Some classes will like both approaches, on the same day.

Texas teachers have two months to get ready for Celebrate Freedom Week. Constitution Day is just a week away for anyone who wants to do something on September 17.

Sources you should check out:

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Little Rock, 50 years later

September 4, 2007

Elizabeth Eckford leaves Little Rock's Central High after being denied enrollment

50 years ago today.

Elizabeth Eckford, one of the Little Rock Nine, leaves Little Rock’s Central High School after having been denied the chance to enroll. Arkansas Gov. Orval Faubus called the Arkansas National Guard to duty to prevent nine African American students from enrolling.  (Photo by Will Counts – see his series here.)

Elizabeth Eckford graduated*, went on to a career with the Army as a journalist, and is the only one of the nine students (all of whom graduated and did well) to live in Little Rock today. Central High school is a National Historical Monument — and still a high school.

What I want to know is this: The woman in back of Ms. Eckford, face thoroughly engaged in delivering a piece of her mind, I suppose: Who is she, and where is she, today? Does anyone know?


Oliver W. Hill, history maker, 100

August 6, 2007

Oliver W. Hill in 1999, when he was 92; lawyer in Brown v. Board case

Literally while writing the previous post about the importance of recording history before the witnesses leave us, I heard on KERA-FM, NPR reporter Juan Williams’ intimate, detailed and stirring story about Oliver W. Hill, one of the lawyers who brought one of the five cases that resulted in the historic 1954 reversal of U.S. law, in Brown v. Topeka Board of Education (347 U.S. 483).

Oliver W. Hill died Sunday, in Richmond, Virginia. He was 100.

In 1940, Mr. Hill won his first civil rights case in Virginia, one that required equal pay for black and white teachers. Eight years later, he was the first black elected to the Richmond City Council since Reconstruction.

A lawsuit argued by Mr. Hill in 1951 on behalf of students protesting deplorable conditions at their high school for blacks in Farmville became one of five cases decided under Brown.

That case from Farmville offers students a more personal view of their own power in life. The case resulted from a student-led demonstration at Moton High School in Farmville. Moton was an all-black school, with facilities amazingly inferior to the new white high school in Farmville — no indoor plumbing, for example. While the Virginia NAACP failed at several similar cases earlier, and while the organization had a policy of taking no more school desegregation cases, the students’ earnestness and sincerity swayed Oliver Hill to try one more time:

On May 23, 1951, a NAACP lawyer filed suit in the federal district court in Richmond, VA, on behalf of 117 Moton High School, Prince Edward County, VA, students and their parents. The first plaintiff listed was Dorothy Davis, a 14-year old ninth grader; the case was titled Dorothy E. Davis, et al. v. County School Board of Prince Edward County, Virginia, et. al. It asked that the state law requiring segregated schools in Virginia be struck down.

Davis was consolidated with four other cases, from the District of Columbia, Delaware, South Carolina, and Brown from Kansas; it was argued in 1953, but the Court deadlocked on a decision. When Chief Justice Arthur Vinson died and was replaced by the (hoped-to-be) conservative Chief Justice Earl Warren, Warren got the Court to re-hear the case. Because he thought it was such an important case in education, Warren worked to get a solid majority. The Court which was deadlocked late in 1953, in May 1954 issued the Brown decision unanimously, overturning the separate-but-equal rule from Plessy v. Ferguson (1896) (167 U.S. 537).

Brown was the big boulder whose rolling off the hill of segregation gave power to the civil rights movement of the 1950s and 1960s. That decision and the horrible murder of Emmett Till in Mississippi in the summer of 1955 inspired civil rights worker Rosa Parks to take a stand, and take a seat for human rights on a Montgomery, Alabama city bus in December of 1955, which led to the 1956 Montgomery Bus Boycott, led by the new preacher in town, a young man named Martin Luther King, Jr. When the Supreme Court again chose civil rights over segregation in the bus case, the wake of the great ship of history clearly showed a change in course.

Oliver Hill was there, one of the navigators of that ship of history.


NC flag desecration case moving

August 1, 2007

The Asheville Citizen-Times reported that the lawyer for the couple arrested in North Carolina for flying their U.S. flag upside-down will plead them not guilty, and then move to dismiss the case.

Hot issue?  The article has more than 400 comments from readers.  

Previous coverage:


Immigrants win Pennsylvania case: Hazleton’s anti-immigrant law struck down

July 26, 2007

News from the Pennsylvania ACLU (watch the right wing blogs explode, especially in Texas when they figure out the Farmers Branch ordinance is based on Hazleton’s ordinance, and that the judge in Pennsylvania used language similar to the TRO language used by the judge in Texas looking at the Farmers Branch ordinance) (text of press release and background from Pennsylvania ACLU):

Judge’s Decision Upholds Fair Treatment for All

“The genius of our Constitution is that it provides rights even to those who evoke the least sympathy from the general public. In that way, all in this nation can be confident of equal justice under its laws.” – Judge Munley’s Lozano v. Hazleton decision, pp. 188-189

In the first trial decision of its kind, a federal court has declared unconstitutional a local ordinance that sought to punish landlords and employers for doing business with undocumented immigrants. The landmark decision in the closely-watched challenge to Hazleton’s anti-immigrant ordinance held that the ordinance cannot be enforced.

ACLU Hazleton logo

“We are grateful the court recognized that municipal laws like those in Hazleton are unconstitutional. The trial record showed that these ordinances are based on propaganda and deception,” said Vic Walczak, Legal Director of the ACLU of Pennsylvania and a lead attorney in the case. “Hazleton-type laws are designed to make life miserable for millions of immigrants. They promote distrust of all foreigners, including those here legally, and fuel xenophobia and discrimination, especially against Latinos.”

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Even more on Odessa Bible class case

July 20, 2007

Oh, and, there’s more.

Also see Ed Brayton’s posts here:

Here’s the press release from the Liberty Legal Institute:

The ACLU put their initial complaint on-line, and may follow with more documents as the case progresses:

The Texas Freedom Network has sponsored high-level criticism of Bible study class curricula; their critiques forced changes in the curriculum used in Odessa, but the modified curriculum does not pass Constitutional, academic or Bible study muster, according to a careful report from Southern Methodist University (in Dallas) Bible study professor Mark Chancey. TFN has several reports and press releases on the general issue:

And from the local newspaper, the daily Odessa American: