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That having been said, it wasn't until 1961 that these sorts of restrictions, often found in state constitutions (which is where N.C.'s was/is), were actually struck down. But when they were written, they were generally part of a tolerant policy, not an intolerant one, by allowing members of just about any religion to hold office, and excluding only atheists.That's not right. New Hampshire, Vermont, Maine, and Georgia also had state churches past the time the BoR was ratified. In N.E. it was the Congregationalist church that was established; in the South it was the Anglican church.
But you're giving way too much deference to originalism here (and ignoring the 14th amendment). I know you're trying to be open minded about the position of the evil idiots, but emphasizing just the facts that support one political view in a textbook, to the exclusion of other relevant facts, is lying. Some people believe originalism is the only way to interpret the constitution. Others don't. If you put a note in a textbook that about the founders view on an issue without placing it in context, you're creating a strong inference that the originalist view is the correct view, especially if you fail to note that there are a whole bunch of other extremely important events (like the Civil War) that changed the way the issue came to be regarded. And not just how the issue was regarded by liberals - how the issue was regarded by the Supreme Court over the course of 100 years.
Well, the wording of the law is: “The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God.” That bars a hell of a lot more people than just atheists. Also, there is a pretty strong possibility that the intent of the law was indeed to restrict public offices to christians. Just because the language used in our modern extremely diverse culture can be interpreted as ambiguous and encompassing, does not mean that it was seen so at the time.
It seems to me that the intent was to prevent discrimination against any particular christian church. If you want to trumpet that as a shining beacon of tolerance, be my guest...
If the 16th was repealed, Libertarians would shout 'Hallelujah' and be raptured immediately into the heavens. You're a hoot, Dave.
The 14th Amendment's fhe relevant one here, that 'no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States'. Of course Jefferson and the rest didn't envision specific outcomes, but they saw separation as a good itself for both the state and religion. And as LASB points out, evolution and practice following these first principals arent some crazy leftist scheme, but the most basic reality of US civic life.
That's why calling these folks 'creationists gone wild' so accurately nails them - they cant get away with denying natural reality, so they'll do whaf they can to erase social, historical reality which is a little more malleable. What's more than ironic is that they are the crazy political radicals looking to overthrow the American way of life.
That's a tough question, because there really isn't anything called "law" in the real world; instead there are specialties -- criminal law, securities law, employment law, etc. Greenhouse's beat is the Supreme Court, primarily (but not always) constitutional law and she's quite good at it. Many lawyers took con law in law school, enjoyed it, and were pretty good at it, but don't specialize in it as practitioners/academics. Put me in that category. I don't know if Nieporent or Ray took con law in law school (I'd guess they did), but it doesn't appear that either practice it, other than in the rare occasions that a client has an issue that randomly touches on the constitution.
So, Greenhouse knows more current con/Supreme Court law than I. If you asked if she's inherently more talented or has more aptitude for the subject, I'd say -- perhaps to immodestly, but with some degree of objective backing -- no, she doesn't.
Does she know more than I know about my subject area, or more than Nieporent about employment law? Not a chance.
And even the Journal publishes Tom Frank's column -- a guy who all-but-equated capitalism and criminality in What's the Matter with Kansas?
Can we still point out that Alabama is backwards because they repealed their law against interracial marriage in 2000 and 40.5% voted to keep it?
http://www.uselectionatlas.org/RESULTS/state.php?fips=1&year=2000&f=0&off=51&elect=0
And even the Journal publishes Tom Frank's column -- a guy who all-but-equated capitalism and criminality in What's the Matter with Kansas?
Well, the WSJ publishes far more Bartley clones** on its op-ed pages than it publishes writers like Thomas Frank. The Post's op-ed is now topheavy with conservatives***, and the Times's op-ed is weighted with liberals. But so what? As long as those three papers keep up their first rate reporting, I'm not going to worry about being brainwashed by some op-ed piece.
**yes, I know he's dead, but his spirit lives on
***anyone who denies this hasn't been reading the Post for the past few years
Contrary to what any rational person reading the amendment would expect, the due process clause of the 14th amendment is the relevant clause.
The Slaughterhouse Cases, which completely botched the interpretation of the new constitutional provision, sent constitutional law careening in the wrong direction.
The odds that this statement is ever true approaches zero.
Uh-huh. Call me when you mount that world-bending successful SCOTUS case where you prove Medicare is unconstitutional.
Oh. That's right. You're full of ####.
i understand that you gots, uh, deep philosophical differences with DMN and any one else who disagres with you about pretty much anything
which is fine
but i would greatly appreciate it if you could try to use good manners at all times in your, uh, counterarguments (ahem) because i and a few others are getting tired of thread closings
thank you
and by the way,
i am not a lawyer and i didn't even stay at a holiday inn last night, but even i understand there is OBVIOUS legal difference between taxing a person and spending that tax money on something (say medicare, war, creation science research, trying to reach out and touch alien life forms) and forcing someone to BUY something
Lisa. Really? Have you met me?
grinning
no darling boy, but come heck or high water, you still a southern boy and i'm sure your mama taught you (TRIED) to teach you to be sweet. even if she DID finally realize ain't no sense a tall floggin a dead horse...
still bet i could pick u out of a crowd though.
grinning
cuz u ain't NEVAH met an argyment yew dint like. it must be one, uh, INteresting time when you and dial get together...
I'm not the one giving deference to originalism, and nor are the Texas conservatives. It's Knight who wants to put a (false) note in the textbook about the founders' views on separation of church and state - and hence imply that view is correct. So why don't you say one word about her? Why does the NYT show obvious bias? Because the NYT agrees with her ideological program, so doesn't mind, but it doesn't like the conservatives' program.
This is not supposed to be a politics class, it's a history class. Both sides should respect that, and not try to indoctrinate. Long ago when I studied history in high school, we had politically neutral textbooks, and we were encouraged to read other books on the subject matter too. I know this was a time when dinosaurs walked the earth and blah blah blah, but is that really too much to ask?
That's a piece of cake. Here's Sam with his two granddaughters.
INteresting time when you and dial get together...
Just give me the neck insurance concession.
I haven't been much involved in this thread, but I have to call BS on this. "Brilliant" kids don't drop out of school b/c they don't like the tone of their textbooks. "Brilliant" kids know education is their way up in the world, and aren't going to piss it away in a fit of pique.
I doubt a "couple hundred" "brilliant" black kids drop-out in Houston every year for any reason. Unless your definition of "brilliant" is absurdly low.
You might want to work less on snark and more on reading comprehension. Using simple, direct explanations: I made it clear that I was aware that the dispute was not about creationism, and I linked to a site in 328 that showed, clearly, that these same people did, at another time, have a dispute about it. Basically, I was tweaking a smug Republitarian. I'm human, too.
As to the other issue, I think you are a Libertarian with strong GOP sympathies. Politics are about more than just policy, they ire also about sensibilities. Your spirited defenses of Sarah Palin demonstrate the point well.
Yeah, she's the ####### problem for giving deference to the originalism of Jefferson and Madison.
Let's fiddle around and pretend the bias of an obsolescent giant and a minority on the school board is the real problem while Fox blares pure propaganda and the creationists carve out huge enclaves of ignorance across the country.
Then you haven't worked much with dropouts or potential dropouts.
As someone who has worked with potential dropouts to get to the point that they receive positive national recognition, I have some experience in this area. But hey, if you "call BS" since you are so brilliant, I guess I better just take your word for it.
Oh wait, didn't I post something on this before?
Good example of why you are in over your head on education dicsussions. You have no functional knowledge base, so you use education to press your ideology and mock liberals. Like Tripon said, what the teacher does will play a much larger role than what it says in the textbook. If, for example, these schools are SMART-podium equipped and have decent labs, the students can find enough stuff on Latino role models and on Phyllis Schlafly to last them a whole semester. And, of course, parents are free to talk to teachers, and to use any number of digital and other resources to track down alternative views and expose their kids to them. Like you say, knowledge and intelligence are not the same thing.
As to the structural issue--the "top-down" line, the "principle", this goes back to what Hutcheson said a couple of weeks ago. There seems to be an inherent assumption in your philosophy that the world consists of:
government power
and
liberty
It doesn't work with that way. If all the schools went to local control and/or privatization models, you would still have power structures, based on who controlled the local levers of power and where the money came from, and you would still have decision-making bodies that decided what the kids learned, that would be controlled by certain cabals of local people. Now, you might argue that would be better in "principle" since it didn't involve the Feds, but in practice, as you would know if you actually knew anything about the specifics of the issue, it is not that important. There are good reasons that knowledge is the lowest rung on Bloom's Taxonomy and evaluation is the highest.
Also, of course, one reason the schools are set up as they are is because of how higher edcuation is set up. There is an expectation that when you get to college, you will know a certain amount of math, will have cerain SAT and ACT scores, etc. This is true, of course at corrupt public schools like UCLA as well as at shining beacons of independent private thought like Princeton. So, there is a power structure in place already that guides this process, that in many ways pre-dates the expansion of government.
All that said, I have worked in both private and public edcuation settings, and there are demonstrable plusses and minuses to each, structurally. But in both, what actually happens to the kids is, in some ways, separate from the macro-stracuture and based on individual, socioeconomic, and human factors.
As someone who has worked with potential dropouts to get to the point that they receive positive national recognition, I have some experience in this area. But hey, if you "call BS" since you are so brilliant, I guess I better just take your word for it.
What's your definition of brilliant? I have no doubt some really smart kids drop out in every school, but I'm guessing it's b/c of personal/family reasons. And, I have no doubt you can get some of them to stay.
But, I doubt a really good HS with 1,000 students has more than 5 I'd call brilliant. And, I seriously doubt even the average students who are dropping out are doing so b/c of the textbooks.
"SMART-podiums" and "digital resources", c'mon. This is just more of the BS that has caused inflation-adjusted education spending to double over the last 20 years with no improvement in results.
In a rich school district we had none of this 25 years ago, and it didn't hurt education one iota. Anyone who argues schools need more than books, blackboards, pen and paper to educate is just out of their mind.
Your average school in 1960, with 40 students in a class, and no technology beyond paper outperformed our modern elite suburban schools that spend $25,000 per student and have technology coming out of their asses.
Then we have different definitions of "brilliant" and that's fine, but you don't need to "call BS" on my definition.
I'm sorry if I was too snippy back at you, but you have to understand how attacking my kids intelligence is not something I respond well to. (Especially since I have attended/taught/tutored at several of the top schools in the country, as well as some of the most challenging ones, so I have a point of comparison)
The point is that there are hundreds of kids on the verge of dropping out due to the family/SES reasons you correctly refer to.
For many, what makes the decision for them is whether they really believe what you describe--that education really is the path out for them.
We can give little lectures about that, but really demonstrating it is the only thing that reaches most adolescents. Giving them a textbook which marginalizes their experience before we even have a chance to teach them to read critically is a step in the wrong direction that when you start with a pool of 400,000 kids (it's a different number in Houston), it's going to affect a lot of kids' lives.
In a rich school district we had none of this 25 years ago, and it didn't hurt education one iota. Anyone who argues schools need more than books, blackboards, pen and paper to educate is just out of their mind.
Your average school in 1960, with 40 students in a class, and no technology beyond paper outperformed our modern elite suburban schools that spend $25,000 per student and have technology coming out of their asses.
Kids were different in some ways in 1960, and education needs to change with the times. A lot of research has been done that shows how new technology is affecting the ways people's brains work and how they get and process information. In addition, pretty much ALL research shows and has always shown that simultaneously engaging multiple learning modalities produces better learning--that is why kids like video games. There are, of course, ways to do this without technology, but technology, used wisely, helps. I am fortunate enough to operate in SMART classrooms, and I also started using an interactive texting site that the kids can access from their phones if they have them (they can do it on paper if they don't) and it helps a lot, in the hands of a good teacher. I used it just last week to review for a vocab test and my guys got a huge bang out of it--and most of them aced the test. I also use clickers.
Of course, technology is just a tool, and a tool is only as good as who is using it. Also, you were so busy being pissed off, you failed to see that my point was limited to one element of this dispute. If the concern is that the textbooks are only showing one side of the story, one way to attack that is to have access to digital technology in the classroom. If the textbook somehow overlooks Phyllis Schlafly, use youtube and google to, uhh, check her out. If ALL you have is a crappy old textbook, that makes the job harder. And it is hard enough even if you have the support you need.
I cheerfully admit to having zero experience in this area, so perhaps you could inform me. My perhaps naive view is that in David's world where schools would all be free to order their own textbooks/set their own curricula/etc this would lead to a measure of diversity, and that as parents could choose which school to send their children to, all parents would be free to choose which crazy ideology to ram down their children's throats.
On a personal level, I went to an independent school in England, which set its own curriculum. It was generally along the lines of the government's national curriculum (i.e. the one all state schools were obliged to follow) but differed sharply in places. The school's curriculum was aimed, essentially, to make us as attractive as possible to good univiersities. Part of that was passing the (government-devised) national exams, so realistically the freedom was not absolute. However, since I left, the school along with most other independent schools is now considering simply going to the International Baccalaureate, which would make the government's national curriculum completely irrelevant.For a history class, ok. But for chemistry, or computer science, or even shop class...
Yes, that's what I meant. History, math, english, languages, even non-lab science, there's no need for fancy supplies.
Give the kids laptops, they'll just surf the web or play games like the college kids do now.
You more or less answered your own question in the last two sentences I quoted and the next two, like I explained in 432. And in my view, parents are free to choose which crazy ideology to ram down their kids' throats now. And, I appreciate the civility.
Nieporent is a very smart guy--smarter than I am. But "David's world" from what I have seen, is one of principles. He doesn't deal much with practice.
Yes, and these people who went to "your average school in 1960" have been running the country for the past fifteen-twenty years. And how's that working out for everyone?
DB
You also need a trained and engaged teacher who is not restrained by a curriculum that pretends John Calvin is more influential in American history than Thomas Jefferson.
I'd like to think it's pretense, but I'm not so sure. Fox News and neck-stabbings, to take two random examples, seem more Calvinist than Jeffersonian.
"Ace this test or get stabbed in the neck."
I'm not sure that's actually true (not the teacher part, you obviously need a decent teacher). The Calvinist underpinnings of American national ideology are pretty damn strong. And, I say that as a Papist who absolutely despises Calvin. They may be right for the wrong reason.
Jefferson is highly over-rated due to his authorship of the Declaration of Independence. Sure his prose is eloquent, but he mostly stole the ideas. After that, he was largely ineffectual as Governor of Virginia, Ambassador and President. At best, he was only one of a half-dozen principal leaders of the Revolution, and I'd argue less important in shaping the early US than Washington, Adams, Hamilton, and Madison, at a minimum, and maybe others. He was also a huge hypocrite, never freeing his slaves, as Washington did.
The whole "Puritan" ideology that animated New England thought, derives from Calvin. The Great Awakening, Abolitonism, the Temperance movement, the BS about the "Protestant work ethic" all stem from a Calvinist worldview. The whole concept that material success shows "election", and you should surpress joy and frivolity, and engage is crusades to impose your moral beliefs on others is all Calvinist.
2) I can't imagine the level of confusion required to write the phrase "the Judeo-Christian God -- the Trinity."
3) Since even that link that you provide, and actually quote, says, "other than Judaism and Christianity," how exactly do you justify in your very next sentence saying "against any particular christian church"?
4) Yes, I do want to trumpet that as a shining beacon of tolerance, for its time. Rather than limiting officeholding to the established church (Anglican), any Christian, Jew, or even Muslim could hold office. (There weren't exactly lots of Muslims in North Carolina in the 19th century, nor were there oodles of Buddhists; in short, it basically said anyone except an atheist could hold office.)
Which would be a relevant point to trumpet, were it in fact still the 19th century.
I know. I spent 20 mins searching for any references to the original intent, that's the best I could come up with, and I don't think it's worth much more of my time. I certainly didn't find any claims that this was supposed to encompass Islam or other mono-theistic religions. If you want to provide any citations for your interpretation, I will happily revise my oppinion. Until then, I'm going to defer to with the website that painstakingly collected all examples of religious discrimination within American legislation, over the great and wise DMN.
Since even that link that you provide, and actually quote, says, "other than Judaism and Christianity," how exactly do you justify in your very next sentence saying "against any particular christian church"?
It can include Judaism, and the main focus can still be to preserve order between the various christian factions. This is not mutually exclusive.
Yes, I do want to trumpet that as a shining beacon of tolerance
That's your perogative.
The 14th amendment is the vehicle through which the Bill of Rights applies to the states. Their is no valid method of constitutional interpretation which favors the view of the framers of the Bill of Rights over the views of the framers of the 14th amendment. Any textbook which implies otherwise is misleading, at best.
This is obviously true, but it must be studiously avoided by our resident <strike>Biblical literalists</strike> Originalists.
Well, it's only been about 100 years, and better late than never.
I wouldn't exactly call correcting the lies liberals were spewing about Palin a "spirited defense" of her, but YMMV.
Supertankers take a while to change course.
I cant take liberal-bashers seriously. Shoulda laid off listening to Limbaugh past the thousandth hour, Ray.
There still isn't enough in there to prevent the insurance companies from abusing the mandate and gouging people, but now that the structure and principles are in place, that will change as time moves along.
The issues involved in health care are too profound to be left to the marketplace and the price signals and incentive structure are such that there's no way the marketplace can function effectively anyway. A guy in the throes of cardiac arrest doesn't have the time to waste shopping around and negotiating fees.
Great day for justice, fairness, and the country.
ADD: And the Yankees won't be able to poach Joe Mauer. An even better day.
Time to pray for Jesus for them :P
Put me in the group of center-lefters who aren't happy with the bill, but think it's better than nothing. It's not a great step forward, but it is a step forward. At this point, I'll settle for that.
You guys seem to want to argue against claims that are simply not being made. There is a word for that.
I was wondering myself. Which liberals and which lies?
Unfortunately the economic underpinnings of this health care "reform" looks like the thing was skippered by Capt. Joseph Hazelwood IMO.
My point was very simple: people want their schools to teach certain things. They think that what they want taught is correct, and what other people want taught is political, and they want politics out of the process. But as long as you have government running quasi-monopoly school systems, you're going to have these sorts of fights. The fact that students can learn things outside of their textbooks (these debates are actually over the curriculum, not textbooks per se, although the media often conflate the two) has no bearing on that point -- in part because a big part of the debate is over what people want schools not to teach, but in part because "they can learn it outside of class" is not satisfying to the advocates on each side.
On the other hand, if education is not done through monopoly public schools, then these concerns don't have the same force. People who want social studies to be a branch of identity politics don't have to fight with those who want a religious emphasis in a zero-sum contest.
Won't schools then just turn into enclaves like talk radio and internet sites, where everyone just flocks to their comfortable prejudices (or worse, forces their children to) and never confronts anything challenging?
It's hard to see a lot to be gained from hundreds upon hundreds of schools teaching young minds "creation science," and similar claptrap, whether the schools are "private" or "public." I don't see any purpose in eliminating the public commitment to teach and learn in the spirit of science and reason and Enlightenment which, notwithstanding the imperfections of our schools, continues to persist as the nation's dominant educational philosophy.
You don't remember? That she claims to have discovered Love Canal, written 'Love Story', invented the internet, ridden the mighty moon worm, etc.
There is the aforementioned recommendations to weaken the curriculum surrounding evolution: In other words, creationism and intelligent design. The Discovery Institute is pretty pumped about the recommendation.
Also, for fun, there's this:
So their idea of effective leadership is someone who was killed by his own men. This somehow doesn't surprise me.
That's not an altogether unfair dig, but it brings many millions of people into the ranks of the insured, and whatever its many flaws, it'll beat what we have now by a zillion to one. Jonathan Cohn put it very well:
This view once had something to commend it, but lost all credibility after the trillion-plus-dollar government bailouts of 2008-09. Tens of thousands of people were rescued from the consequences of fending for themselves poorly by picking such places to work.
What if they're unlucky enough to not have $695? (Not to mention that paying $695 for nothing isn't going to help even those who do have it. What's the lowest price you could get insurance for? Over $1,000 a year, I'm sure, and it would be pretty worthless insurance.)
Subsidies are provided for people who can't afford it. And what if you don't have insurance and can't afford $6950 or $69,500 for medical bills? Those emergency room visits are only going to take you so far. Every other country in the developed world recognizes this basic principle, and it's about time that we did.
The House has just finished voting on the Senate bill that was passed in December, and the 216th "yea" vote was just recorded. One down, two to go.
EDIT: Yeah, Boehner's rant was pretty epic. Almost Nieporent-worthy.
As your favorite president might have replied: Those tears---those CROCODILE tears!
There's no need in the sense that you can get by without it, but why should we set our sights on getting by? In the right hands, internet access and display capabilities have incredible utility as teaching tools. Instead of just mentioning a piece of art or music, you can call it up and display it to the class.
It is a world of difference to hear a madrigal, rather than simply to be told what a madrigal is.
Glad you are finally coming around [ducks]
Yes, I see now that Obama isn't a socialist.
And here's a few choice premature burials from the recent past:
FOX News
CNN
REASON magazine
John Boehner
The Daily Telegraph (UK)
Seems like they'd fit in quite well with the left wing cheering section here.
Seems like they'd fit in quite well with the left wing cheering section here.
Today health care, tomorrow dental chips in every tea bag!
Tomorrow Obama moves on from health care and continues by enacting other aspects of American socialism. Yay!
The funny thing is that the best way to provide quality health care for people is to have a booming economy so that people have jobs and can afford health insurance. But Obama showed and shows no interest in the economy, or really any understanding of the subject at all.
This is a Republic, not a Democracy! Let's keep it that way! Surely you're not advocating governance by the public opinion poll of the moment?
There are now a bit over seven months for the Republicans to make their case. The only poll that counts will be taken on November 2nd.
I take it that along with patent law and Ichiro, the economy is another one of those subjects that you're an expert on. (smile)
Sure. Because lord knows, fluctuations in daily tracking polls that sample a few hundred Americans at a time are a more accurate reflection of what the majority of the country believes, than the 53-percent of the electorate who actually cast a ballot for candidate Obama, who actively campaigned on many of the elements contained in this bill. Not to mention, the strong majority of voters who, only 17 months ago, elected Democrats to congress in 253 or 435 seats- a party which has long promoted universal healthcare as a fundamental platform.
Those voters must have all been confused libertarians at heart.
Not really. Even if the Democrats take on losses in November as big as reasonably possible, the damage has already been done.
This puts us down the path to single payer.
Government takeover of health care! Government takeover of all student loans! Amnesty and thereby health care for all!
The notion that Emmanuel is left wing is hilarious. Also, if there is a left wing cheering section, then there is also a sizeable right wing one here as well, as all political debate on this site shows. The posts after the passing of "Obamacare" demonstrate this fact.
You got that right, my man. After listening to all that horseshit that the wingnuts have been putting out there for the past year, this isn't a bad moment.
There are now a bit over seven months for the Republicans to make their case. The only poll that counts will be taken on November 2nd.
Not really. Even if the Democrats take on losses in November as big as reasonably possible, the damage has already been done.
This puts us down the path to single payer.
One can only hope. But half a loaf is better than none, and the smarter Republicans aren't deluding themselves with the idea that this bill will prove to be unpopular, even if they're afraid to say so out loud.
Government takeover of health care! Government takeover of student loans! Amnesty for all!
Sorry, no amnesty for Wall Street criminals. But when you're evicted from your cold water flat after being forced to buy health insurance, we'll give you an apple cart so you can get back on your feet. David can grind the organ to attract attention.
It's sure a curious argument coming from David, who's lectured us about 10,000 times on the stupidity of the public.
Huh? Are you claiming that this bill is popular?
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