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Parents and Taxpayers Confront Rogue Educrats

14 Thursday Oct 2021

Posted by pnoetx in Critical Race Theory, Education, Propaganda, Uncategorized

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Critical Race Theory, Department of Education, Diversity, Equity, Freedom of Speech, Home Schooling, Ibram X. Kendi, Inclusion, Indoctrination, Merrick Garland, National School Boards Association, Nicole Solas, Norman Rockwell, Panorama Education, Propaganda, Psrental Sovereignty, School Choice, School Taxes, School Vouchers, Selina Zito, Social Infrastructure, Social Justice, STOP CRT Amendment

This Norman Rockwell painting is called “Freedom of Speech”. It depicts a Vermont dairy farmer speaking his mind at a school board meeting, and no, he is not a “domestic terrorist”! (A recent piece by Selina Zito reminded me of this painting.) Today, parents of schoolchildren have a very special reason to be upset: the teaching of critical race theory (CRT) as part of the regular curriculum. A better name for this vapid “theory” might be “critical race theology”, because it is no “theory” at all: it is a set of “woke” accusations leveled against “out groups” designated by leftists: whites, straights, men, and sometimes groups like Jews and Asians. Many people of color are just as dismayed as those among CRT’s targets because its wrongheaded and corrosive nature is so plain. CRT is itself straightforwardly racist.

Taxpayers have a place in this debate as well, at both the K-12 and public university levels. However, their role in funding the indoctrination taking place in public schools has been neglected in the story of the revolt against CRT.

The Parent Trap

Many parents have taken strong action in response to the CRT onslaught. Some have quietly removed their children from public schools, while others have chosen to register their objections with school officials, often at school board meetings. Also, there has been some success at the ballot box by dissident school board candidates. This is grass roots participatory democracy in action, local and vocal. Certainly parents have a greater stake in their childrens’ education than anyone (except the kids themselves). They have a right to know what’s being taught and to provide critical feedback to schools.

School officials, teachers unions, and CRT teacher-enthusiasts are not likely to be straightforward about whether CRT is actually taught, however. This link might help you see through the gaslighting to which we’ve all been subjected. This article discusses various political avenues for fighting CRT in the schools. And here’s a “tool kit” that might be helpful.

Garland’s Effrontery

To top it all off, recently we’ve witnessed an act of fascist authoritarianism by the U.S. Attorney General that, by all appearances, involves a conspiracy between the Biden Administration, top officials at the Department of Justice, and the National School Boards Association (NSBA). AG Merrick Garland’s memorandum of October 4 announced a “partnership among federal, state, local, tribal, and territorial law enforcement to address threats against school administrators, board members, teachers, and staff.“ He did not provide actual evidence of threats against school boards or personnel, however. Yet Garland is willing to treat interested parents as if they are domestic terrorists! His memorandum is a thinly veiled warning to anyone having the temerity to confront school authorities on issues like CRT, as well as school mask mandates (which are ineffective, unnecessary, and detrimental to learning, socialization, and the psychological well being of children). Furthermore, we now know of an obvious conflict of interest: Garland’s daughter is married to the cofounder of Panorama Education, which sells training materials for teachers of CRT.

While Garland’s attempt to undercut free speech might chill the willingness of some parents to speak out against CRT in the schools, many refuse to back down. The following is an excerpt from a letter to the NSBA written on behalf of 427,000 parent-members of 21 organizations:

“Our organizations unequivocally oppose violence and find it deeply troubling that you imply otherwise about concerned citizens who care deeply about their community’s children – and who are concerned by the direction that America’s schools have taken.

  • Citizens are angry that school boards and school officials around the country are restricting access to public meetings, limiting public comment, and in some cases conducting business via text messages in violation of state open meetings laws.
  • They are angry that schools are charging them thousands of dollars in public records requests to view curriculum and training materials that impact their children and that should be open to the public by default.
  • They are angry that pandemic-related learning losses have compounded the already-low reading, writing, and math proficiency rates in America’s schools.
  • They are angry that rather than focusing on declining student achievement, large numbers of districts have chosen to fund, often with hundreds of thousands of dollars in taxpayer money, “social justice” and “diversity, equity, and inclusion” programs with finite resources.”

Insularity At the Board

I’ll be surprised if Garland’s memorandum doesn’t inspire many parents to push harder against CRT in their local schools. However, getting in front of school boards is not always easy, thanks to restricted access for public comment. Here’s an example of the draconian reaction by school authorities in their effort to silence parents, from Orange County, CA. In my own local school district in Missouri, making a short comment at a board meeting first requires submission of a request detailing the subject or question you wish to address to the board. Not only can they simply ignore your request, but it also gives them an opportunity to “circle the wagons” in advance, as it were, even calling upon various “friends of the board” to attend en masse.

The leftists who support CRT fight dirty, as this article notes:

“Nicole Solas, a mother who has complained about her school board, has been harassed and even sued by the authorities. Go ahead, ‘arrest me,’ she said on Twitter. ‘They wanted to publicly humiliate me,’ she said. ‘They paid a PR firm to call me a racist in the national media. So they really wanted to ostracize me from my community.’”

The anger of parents toward this bankrupt philosophy in our schools, and its belligerent proponents, is well justified. Parents obviously have the biggest stake in this controversy. My kids are grown, but I’m angry too, in part because the once-fine education offered by our school district has digressed to brutish proselytization about victimhood, its supposed perpetrators, and the emphasis on the Left’s version of “social justice”. I’m also angry as a taxpayer. While the student population might shrink as decent families abandon the brainwashing camps in favor of private schools or home schooling, does anyone expect the tax bill to decline commensurately? At all? School taxes should be a ripe area for activism, because lots of people don’t want to pay for this shit!

Our Taxes, Our Schools?

Opponents of CRT won a victory of sorts this summer when the U.S. Department of Education amended a proposal that would have prioritized CRT initiatives in awarding grant money.

“The Department of Education withdrew ‘the requirement that grantees incorporate curriculum and instruction based on or similar to the 1619 Project or the works of Ibram X. Kendi.’”

Hooray for that. And in August, the U.S. Senate passed a “STOP CRT” amendment to the otherwise misbegotten $3.5 trillion “social infrastructure” bill. The amendment would ban the use of federal funds for teaching CRT in schools. Of course, that the federal government has any role in funding local schools, and in shaping their curricula, is itself regrettable.

At the state level, many Republican office-holders seem unaware of the use of state resources for CRT in schools, as this piece about Indiana demonstrates. Perhaps they’ve been cowed, and are reluctant to comment for fear of being called racists by CRT proponents. Registering strong displeasure with state legislators regarding the onslaught of CRT is something all within our opposition should be doing.

Local taxes still account for most school funding. There’s obviously no way to get around school district bond servicing. Most ballot initiatives on school taxes appear at the behest of the school districts themselves, and generally those go in only one direction: up! General funding may be subject to reduction via ballot initiative, but petitions are usually necessary, and apparently those have been few and far between. A more promising avenue for wresting control over school funding are school voucher programs, whereby school funds (either state or local dollars) follow the student rather than remaining under the control of monopoly school districts. School choice is expanding across a number of states, having been given a boost by the pandemic. CRT might prove to be an additional impetus in some states. But parents should be careful: some private schools are just as brazen as public schools when it comes to peddling CRT. And there is the danger that vouchers, one day, will bring unwelcome government curriculum mandates.

Joining Arms

The widespread adoption of critical theology in public schools (and universities) is not only a corruption of education: it is institutional roguery and a misappropriation of taxpayer funds for political indoctrination. This is aggravated by the unresponsiveness of many school boards, administrators, and teachers. Parents have good cause to be infuriated, and so do taxpayers. They are natural allies in this struggle to win back our educational institutions.

Nominate and Confirm

23 Wednesday Sep 2020

Posted by pnoetx in Supreme Court

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Absentee Ballots, Amy Coney Barrett, Antonin Scalia, Barack Obama, Bush vs. Gore, Check Schumer, Contested Election, Court Packing, Donald Trump, Hillary Clinton, Joe Biden, Judicial Activism, Lindsey Graham, Living Constitution, Merrick Garland, Mitch McConnell, Originalism, Phil Murphy, Ruth Bader Ginsburg, Supreme Court, Ted Cruz, Tom Wolf, Voter Fraud

Many on the left practically cheered the passing of Antonin Scalia in 2016, a reaction I witnessed with disgust on my own social media feeds. Now, we should all mourn the death of Ruth Bader Ginsburg, but some of the same people seem almost comically furious with her for “choosing such a bad time to die”, just 46 days before the presidential election! Or, for refusing to step down during the Obama administration, when she could have been replaced with a much more youthful lefty jurist.

Of course, the Left is also furious that President Trump plans to nominate a candidate for Ginsburg’s vacancy on the Court, and that Republican leadership in the Senate plans to bring the nomination to a vote, perhaps before November 3rd.

Trump and the GOP majority are entitled to do that under the Constitution, and they should. Senator Ted Cruz explained the primary reason:

“Democrats and Joe Biden have made clear they intend to challenge this election. They intend to fight the legitimacy of the election. As you you know Hillary Clinton has told Joe Biden ‘under no circumstances should you concede, you should challenge this election.’ and we cannot have election day come and go with a 4-4 court. A 4-4 court that is equally divided cannot decide anything. And I think we risk a constitutional crisis if we do not have a nine-justice Supreme Court, particularly when there is such a risk of … a contested election.” 

This presidential election might be fraught with more procedural controversy than any before. The coronavirus, or its promoters in the media and the Democrat party, has spooked many voters into the belief that going to a polling place in-person on Election Day is too dangerous. This despite the fact that distancing and masks will be required, and the time it takes to complete a ballot does not require “prolonged exposure” to anyone. So now we face the prospect of mail-in balloting on an unprecedented scale, which is an invitation to manipulation and fraud. A couple of examples:

“… consider some of the suspect decisions already being made in various states that deliberately weaken ballot security. The Pennsylvania Supreme Court, for example, voted last week along party lines (the judges are elected) that county drop boxes, including unattended ones, could be used to collect votes. Gov. Tom Wolf, a Democrat, and his party supported the measure, which reached the court by lawsuits, thus avoiding GOP control of both legislative chambers. The decision obviously opens the door to potential fraud because ballots in unsecured drop boxes could be tampered with or stolen. 

New Jersey’s Democratic Gov. Phil Murphy also made some curious decisions. A Jersey friend sent me a mailer he received that was addressed only to ‘Residential Customer.’ Inside, a pamphlet from the county clerk in Bergen County said that a Murphy order ‘requires’ every county to mail a ballot to ‘every active registered voter.’ That raises the chances of thousands of unmarked ballots being stolen from the post office or front porches, practices not exactly unheard of in New Jersey.”

Already a number of lawsuits have been filed in various states over absentee ballots. There have been missed deadlines, disputes over whether certain candidates should appear on those ballots, invalidated pre-filled applications for ballots, and an incorrect mailer sent by the U.S. Postal Service to voters nationwide regarding absentee ballots. Let’s face it: for all the earlier denials by Democrats that the mail-in ballot process was not subject to gaming or fraud, neither side trusts the other. There will be many more disputes as ballots are counted before and after Election Day.

It’s reasonable to expect that a few cases might rise to the level of the U.S. Supreme Count before election tallies are final in some states, as in the Florida recount in the Bush vs. Gore election of 2000. A 4 – 4 tie on the Court would leave lower, state-court rulings in place that could decide the outcome of a federal election. That’s not how the process is intended to work. Needless to say, that’s another reason why Democrats oppose a Trump nominee prior to the election. There’s no doubt they’d push forward with their own nominee were the shoe on the other foot, however, just as Republicans opposed the confirmation of Merrick Garland in 2016.

So who’s a hypocrite? Republicans who said that they wouldn’t confirm or even conduct a confirmation process in an election year, as in 2016, certainly qualify (Lindsey Graham, among others). It must have seemed expedient to stay so at the time, but it was foolish. And Democrats who now protest after insisting in 2016 (and before) that a Supreme Court vacancy should be filled by the sitting president, even in an election year, also qualify (Chuck Schumer, Barack Obama, Hillary Clinton, and Joe Biden, among others). Here’s what some top progressive legal minds were saying in 2016: It’s a duty and obligation for the president to nominate and for the Senate to undertake a confirmation process!!

Here’s the key issue: The president has the authority to nominate Supreme Court justices any time during his term. If the Senate confirms, then a new justice is seated. If the Senate chooses not to confirm, the vacancy remains. That’s how it works. There have been 29 vacancies on the Court in election years, and in 22 of those cases the sitting president sent a nomination to the Senate. As Justice Ginsburg said in 2016:

“There’s nothing in the Constitution that says the president stops being the president in his last year.”

Her purported wish on her death bed, that her replacement would be chosen by a new president, was not hypocritical. It was a wish, not a legal opinion. It was just as “political” as the contradictory statements made by the politicians, however.

Ginsburg also said it’s the Senate’s job to take up a vote, which the Republicans refused to do in 2016. That was their prerogative, however, and the decision does not bind anyone in the current circumstance.

Mitch McConnell is right:

“In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year. By contrast, Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise. President Trump’s nominee will receive a vote on the floor of the United States Senate.”  

Democrats have promised to “pack the Court” by adding seats to the bench for new, ideologically-preferred justices if a Trump nominee is confirmed, among other threats. They should heed the caution of moderates who know how dangerous that may be. The mere threat gives Republicans reason to pack the Court themselves, when they can, which might be as soon as January. Moreover, nothing could do more to undermine confidence in the Court. RBG herself had the following to say about Court packing:

“Well, if anything, it would make the court appear partisan. It would be that one side saying, ‘when we’re in power, it was only to enlarge the number of judges so we will have more people who will vote the way we want them to…’ So I am not at all in favor of that solution to what I see as a temporary situation.”

Well, of course the Court is divided along certain ideological lines, and to some extent those differences break along dimensions of legal philosophy, such as originalism vs. a “living Constitution”, or judicial activism. That’s not to say that the Court is always partisan, however. The process of nominating and confirming justices should not be as partisan as it has become in the last 25 years (see the last link). Let’s not make it worse.

Trump will nominate an able jurist. Senators should meet and independently assess that individual’s legal qualifications and temperament. My expectation is they will vote to confirm, and I hope that vote takes place without rancor.

Note: Thanks to the Washington Free Beacon for the wonderful meme at the top of this post.

All The President’s Chutzpah

18 Friday Mar 2016

Posted by pnoetx in Judicial Branch, Separation of Powers

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Advise and Consent, Barack Obama, Constitutional Norms, David Berstein, Glenn Reynolds, Jonathan Adler, Judicial Appointments, Merrick Garland, Separation of Powers, The Volokh Conspiracy

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So, President Obama can repeatedly arrogate the authority to write and rewrite legislation, then insist that the legislature must convene hearings on his Supreme Court nominee in an election year. David Bernstein at The Volokh Conspiracy asserts that Obama is in no position to argue the virtue of Senate hearings on his nominee. That Obama condemns the Senate GOP leadership for refusing to act, which is consistent with the so-called “Biden rule“, after his own misadventures in executive ordering is particularly hypocritical. As Glenn Reynolds says in his link to the Bernstein piece:

“When they hold the whip hand, norms and traditions are stuffy and outdated. When they don’t, it’s all ‘have you no decency, sir?’“

Bernstein’s post has the lengthy but descriptive title “Re: Merrick Garland, it’s a bit late for the Obama administration and its supporters to appeal to constitutional norms requiring Senate consideration“. He first discusses an earlier post by Jonathan Adler noting that the text of the Constitution includes no requirement on the Senate to act on a judicial nominee with whom they disapprove. Instead, the customary hearings and votes on all nominees are a constitutional norm, a procedure that evolved over time in acting on the text of the Constitution:

“… as Adler has repeatedly documented, norms surrounding presidential appointments, especially judicial appointments, have increasingly been stressed and undermined in recent years by both parties. It’s not clear, if I were a Republican senator, why I’d use this particular opportunity to call for a cease-fire, especially one that the other side may not honor in the future.“

Obama’s disrespect for the constitution and constitutional norms is well known, if not always acknowledged. Bernstein cites a number of cases in which the President has acted without legislative authority (though Bernstein and I might approve of certain policy positions underlying those actions, not the actions themselves):

“More generally, President Obama has repeatedly promised to try to circumvent Congress using any arguably legal means available, on the rather extra-constitutional grounds, contrary to the norms attendant to the separation of powers, that ‘we can’t wait’ for Congress to pass legislation that the president favors.”

As I’ve long maintained, President Obama’s constitutional “scholarship” is dubious. In any case, he has no particular respect for the document. Perhaps I should not sell short his understanding of constitutional principles, since he knows all to well how to subvert them. But his real talents are political. It’s been suggested that Obama’s selection of a relatively “moderate” nominee is highly Machiavelian, intended to torture the GOP, as it were. Judge Garland might well be the best choice the GOP will have, depending on the outcome of the November elections. That might not be of much consolation. To quote Reynolds again:

“I think [Garland’s] a ‘moderate’ in the sense that he approves of government invasions that come from the left and the right.“

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