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xcurmudgeon

Constitution

If we are going to have national standards in education

by: teacherken

Wed Feb 24, 2010 at 06:11:42 AM EST

then something that should be included, for teachers and administrators, as well as students, are these words:

If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us.

We think the action of the local authorities in compelling the flag salute and pledge transcends constitutional limitations on their power and invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all official control.

They were written by Robert Jackson, as part of the opinion of the Court, in the 1943 (note the date) case of WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE ET AL., 319 U.S. 624.   And recent events in a school in the DC suburb makes it clear why everyone should know about this case.

There's More... :: (3 Comments, 1941 words in story)

"One Person, One Vote" -RIP

by: KathyinBlacksburg

Fri Jan 22, 2010 at 06:47:13 AM EST


In this video, Keith Olbermann gives one of his Special Comments on the end of democracy.  One person, one vote died yesterday.  And there is no refuge when SCOTUS runs amok. The majority on the US Supreme Court not only wrote law yesterday, but also it upended the Constitution itself.  Olbermann details the consequences of this political and Unconstitutional action by the Court.
Discuss :: (6 Comments)

Kicking It Up a Notch: Prop 8--Up and Onward with Bipartisan Legal Team Challenge to Prop 8

by: KathyinBlacksburg

Wed May 27, 2009 at 12:42:25 PM EDT

Update: Live streaming video is no longer active.  Here's the video.

"What is the role of the judiciary if it is not to protect the minority from the whims of the majority?"  asks Attorney Anthony Romero here

Indeed.  And so today, the attorneys arguing Bush v. Gore on opposite sides join to strike down California's Prop 8.  At a press conference at the Biltmore Hotel in downtown Los Angeles, Ted Olson & David Boies announced their federal court challenge.

"This unequal treatment of gays and lesbians denies the basic liberties and equal protection under the law that are guaranteed by the Fourteenth Amendment of the United States Constitution," the suit states. The filing also calls for" injunction against same-sex marriage ban until case is resolved, which would immediately reinstate the right for all Californians to marry."

Olson, a former U.S. Solicitor General, represented George W. Bush in 2000's Bush v. Gore, which decided the presidential election. Boies represented Al Gore in that case. This is the first time they have served alongside each other as co-counsel. The case is a project of the American Foundation for Equal Rights.

The suit was filed by two same-sex couples who wish to be married but have been denied marriage licenses because of Proposition 8. Olson, a former U.S. Solicitor General, represented George W. Bush in 2000's Bush v. Gore, which decided the presidential election. Boies represented Al Gore in that case. This is the first time they have served alongside each other as co-counsel. The case is a project of the American Foundation for Equal Rights.

Summarizing where we are as of today, the Equal Rights Foundation stated:

There's More... :: (2 Comments, 143 words in story)
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