227 years ago today, in this room

September 17, 2014

Independence Hall, Philadelphia; room where the Constitution was created and signed; Dept of Interior photo

Caption from Department of Interior’s Tumblr site: 225 years ago today, the Constitution of the United States was signed in Independence Hall. Today, you can tour the Hall and see where the Declaration of Independence and Constitution were both signed, and you can also view the Liberty Bell [close by]. This is a site not to miss while visiting Philadelphia.
Photo: National Park Service

Does this room look a little familiar?  You’ve probably seen Howard Chandler Christy’s painting of the event we celebrate today.

Howard Chandler Christy’s “Signing of the Constitution,” 1940

Howard Chandler Christy’s “Signing of the Constitution,” 1940; Architect of the Capitol image. This massive, 20′ x 30′ painting hangs in the House Wing of the U.S. Capitol, in the east stairway — a location where, alas, most people cannot get to without a guide anymore.

Click to the Architect of the Capitol’s site for the story of the painting, intended by Congress to fill a gap in the story of America told by art in the Rotunda and throughout the halls of the building.

Dr. Gordon Lloyd, Pepperdine University, creator of the interactive

Dr. Gordon Lloyd, Pepperdine University’s School of Public Policy, and expert in the Constitution and its history.  I met Lloyd almost a decade ago, in programs for history teachers, sponsored by the Bill of Rights Institute, Liberty Fund, and National Endowment for the Humanities.

My old friend Dr. Gordon Lloyd of Pepperdine University, working with the Ashbrook Center for Public Affairs, created a study tool from the Christy painting which should be used a lot more in classrooms.  Click over to the Edsitement site, and see for yourself.

Every year there are a few more tools on the internet to study the Constitution with, for teachers to use in the classroom on Constitution Day and every day.  I wonder what will be the effects in another decade.

How important is it that students learn the Constitution, what it says, and how it affects our daily lives?  How important is it that students learn the history of the creation of the Constitution, and does that history reverberate for those students as they venture out into their roles as citizens in the republic created by the document?

More:

This is an encore post.

This is an edited encore post.


President Obama on Constitution Day 2014

September 17, 2014

President Barack Obama literally standing with the Constitution, at the National Archives. (source of photo?)

President Barack Obama literally standing with the Constitution, at the National Archives. (source of photo?)

Your flag is up. You’ve already read the Constitution and all 27 amendments.

Time to pass on greetings to others:  Happy Constitution Day!

From the President of the United States:

CONSTITUTION DAY AND CITIZENSHIP DAY, CONSTITUTION WEEK, 2014

- – – – – – -

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Eleven years after a small band of patriots declared the independence of our new Nation, our Framers set out to refine the promise of liberty and codify the principles of our Republic.  Though the topics were contentious and the debate fierce, the delegates’ shared ideals and commitment to a more perfect Union yielded compromise.  Signed on September 17, 1787, our Constitution enshrined — in parchment and in the heart of our young country — the foundation of justice, equality, dignity, and fairness, and became the cornerstone of the world’s oldest constitutional democracy.

For more than two centuries, our founding charter has guided our progress and defined us as a people.  It has endured as a society of farmers and merchants advanced to form the most dynamic economy on earth; as a small army of militias grew to the finest military the world has ever known; and as a Nation of 13 original States expanded to 50, from sea to shining sea.  Our Founders could not have foreseen the challenges our country has faced, but they crafted an extraordinary document.  It allowed for protest and new ideas that would broaden democracy’s reach.  And it stood the test of a civil war, after which it provided the framework to usher in a new birth of freedom through the 13th, 14th, and 15th Amendments.

America’s revolutionary experiment in democracy has, from its first moments, been a beacon of hope and opportunity for people around the world, inspiring some to call for freedom in their own land and others to seek the blessings of liberty in ours.  The United States has always been a nation of immigrants.  We are strengthened by our diversity and united by our fidelity to a set of tenets.  We know it is not only our bloodlines or an accident of birth that make us Americans.  It is our firm belief that out of many we are one; that we are united by our convictions and our unalienable rights.  Each year on Citizenship Day, we recognize our newest citizens whose journeys have been made possible by our founding documents and whose contributions have given meaning to our charter’s simple words.

Our Constitution reflects the values we cherish as a people and the ideals we strive for as a society.  It secures the privileges we enjoy as citizens, but also demands participation, responsibility, and service to our country and to one another.  As we celebrate our Nation’s strong and durable framework, we are reminded that our work is never truly done.  Let us renew our commitment to these sacred principles and resolve to advance their spirit in our time.

In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution of February 29, 1952 (36 U.S.C. 106), designated September 17 as “Constitution Day and Citizenship Day,” and by joint resolution of August 2, 1956 (36 U.S.C. 108), requested that the President proclaim the week beginning September 17 and ending September 23 of each year as “Constitution Week.”

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim September 17, 2014, as Constitution Day and Citizenship Day, and September 17 through September 23, 2014, as Constitution Week.  I encourage Federal, State, and local officials, as well as leaders of civic, social, and educational organizations, to conduct ceremonies and programs that bring together community members to reflect on the importance of active citizenship, recognize the enduring strength of our Constitution, and reaffirm our commitment to the rights and obligations of citizenship in this great Nation.

IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of September, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty-ninth.

BARACK OBAMA

In that case, Happy Constitution Week!

What should we do tomorrow?


Civil rights icon Ruby Bridges, 60 today

September 8, 2014

Happy birthday, Ruby Bridges!

You don’t recognize her there?

How about in Norman Rockwell’s illustration?

“The Problem We All Live With,” Norman Rockwell, 1964; oil on canvas, Norman Rockwell Museum, Stockbridge, Massachusetts

Ruby Bridges with President Barack Obama, in 2011:

President Obama and Ruby Bridges viewing Normal Rockwall's painting, "The Problem We All Live With," at the White House in 2011. Photo by Pete Souza, public domain.

President Obama and Ruby Bridges viewing Normal Rockwall’s painting, “The Problem We All Live With,” at the White House in 2011. Photo by Pete Souza, public domain.

Ms. Bridges tells some of her story:


Quote of the moment: Judge Richard Posner, on tradition and marriage

August 27, 2014

Judge Richard Posner, 7th Circuit, U.S. Court of Appeals

Judge Richard Posner, 7th Circuit, U.S. Court of Appeals

“It was tradition to not allow blacks and whites to marry — a tradition that got swept away.”

Federal appeals court Judge Richard Posner, balking when Wisconsin Assistant Attorney General Timothy Samuelson repeatedly pointed to “tradition” as the underlying justification for barring gay marriage.

Two states attorneys general argued before a panel of judges on the 7th U.S. Circuit Court of Appeals in Chicago yesterday that marriage between members of the same gender should be stopped because of tradition.  AP’s story explains what happened.

While judges often play devil’s advocate during oral arguments, the panel’s often-blistering questions for the defenders of the same-sex marriage bans could be a signal the laws may be in trouble — at least at this step in the legal process.

Richard Posner, who was appointed by President Ronald Reagan in 1981, hit the backers of the ban the hardest. He balked when Wisconsin Assistant Attorney General Timothy Samuelson repeatedly pointed to “tradition” as the underlying justification for barring gay marriage.

“It was tradition to not allow blacks and whites to marry — a tradition that got swept away,” the 75-year-old judge said. Prohibition of same-sex marriage, Posner said, derives from “a tradition of hate … and savage discrimination” of homosexuals.

Posner is one of those guys who gives us hope for the human race, and hope especially for that branch of the human race known as Homo americanus ssp. ordinarius.

Appointed to the bench by Ronald Reagan, Posner is widely recognized as one of the brightest and most engaging judges in the U.S. today.  That’s a sop to all the rest, to call him “one of ” the brightest — to avoid making everybody else give up hope.

But he’s outspoken enough that most legal scholars agree he’d never survive a hearing to take a place on the U.S. Supreme Court.  The late Sen. Roman Hruska’s revenge, that we can’t get the best and the brightest on our highest court.

Posner is not content to sit on the bench and make high pronouncements.  He pushes America, courts and lawyers, to be better.  He teaches at the University of Chicago Law School (in a position not unlike that the young Barack Obama had).  Posner’s high-flying comment-on-anything-important style got cut back in the past few months when his blogging partner died — Nobel-winning economist Gary S. Becker.

It must be agony to be a lawyer defending a pointless, silly and destructive law, to a panel that includes Richard Posner.

Arun With a View captured the reasons Posner strikes fear in conservatives, despite his being a Ronald Reagan conservative.

Sketch of Judge Richard Posner by the late David Levine

Sketch of Judge Richard Posner by the late David Levine

NPR has a delicious interview with Richard Posner. Money quote

“I’ve become less conservative since the Republican Party started becoming goofy,” [Posner] said.

And this

“Because if you put [yourself] in [John Roberts'] position … what’s he supposed to think? That he finds his allies to be a bunch of crackpots? Does that help the conservative movement? I mean, what would you do if you were Roberts? All the sudden you find out that the people you thought were your friends have turned against you, they despise you, they mistreat you, they leak to the press. What do you do? Do you become more conservative? Or do you say, ‘What am I doing with this crowd of lunatics?’ Right? Maybe you have to re-examine your position.”

Listen to it here and enjoy.

Tip of the old scrub brush to Texas Freedom Network’s emails — probably on the blog sometime soon.

Yes, I read Posner despite his errors, getting hoaxed by the DDT/Rachel Carson hoaxsters. That just indicates the danger of the hoax and the need to correct it and stamp it out.

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Quote of the moment: Frankfurter, on due process

July 9, 2014

Supreme Court Justice Felix Frankfurter, The Collection of the Supreme Court of the United States (Artist: Gardener Cox).  Born Vienna, Austria, 1894. Died 1965.

Supreme Court Justice Felix Frankfurter, The Collection of the Supreme Court of the United States (Artist: Gardener Cox). Born Vienna, Austria, 1894. Died 1965. Associate Justice, 1939-1962

It is now the settled doctrine of this Court that the Due Process Clause embodies a system of rights based on moral principles so deeply imbedded in the traditions and feelings of our people as to be deemed fundamental to a civilized society as conceived by our whole history. Due Process is that which comports with the deepest notions of what is fair and right and just.

♦  Justice Felix Franfurter, dissenting in
Solesbee v. Balkcom, 339 U.S. 9, 16 (1950)


“Some there are”: Antonin Scalia, rock music, and high school graduation in churches

June 17, 2014

Some there are—many, perhaps—who are offended by public displays of religion. Religion, they believe, is a personal matter; if it must be given external manifestation, that should not occur in public places where others may be offended. I can understand that attitude: It parallels my own toward the playing in public of rock music or Stravinsky. And I too am especially annoyed when the intrusion upon my inner peace occurs while I am part of a captive audience, as on a municipal bus or in the waiting room of a public agency.

Justice Antonin Scalia, dissenting to the Supreme Court’s denying to hear a case about high school graduations held in religious facilities, the denial of the writ of certiorari to Elmbrook vs. John Doe et al., 573 U.S. ______.

Justice Clarence Thomas joined Scalia in the dissent.

But, he argues, religion is protected by the First Amendment, our music choices are not.

Read the dissent (way down at the bottom).

Easter services at Elmbrook Church, in Brookfield, Wisconsin.

Easter services at Elmbrook Church, in Brookfield, Wisconsin.

I suppose to some, high school graduation ceremonies are a lot like being forced to listen to rap music at intersections.  To others, high school graduations may seem akin to religious experience.  Not sure either view means the ceremonies should be held in churches.

This case is 14 years in the justice system.

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May 6, 1882: Race and immigration policy collide

May 6, 2014

Today is the anniversary* of our nation’s first** law generally governing immigration.

It’s a history we should work to change, to put behind us, to move away from.

Congress passed the Chinese Exclusion Act, which barred Chinese immigrants from the United States for 10 years.

1882 Chinese Exclusion Act, page 1 - National Archives

1882 Chinese Exclusion Act, page 1 – National Archives

1882 Chinese Exclusion Act, page 2 - National Archives

1882 Chinese Exclusion Act, page 2 – National Archives

We cannot paint over this part of history.  The Chinese Exclusion Act was racist in intent, and racist in content.

What should we learn from it?  Among justifications for the law were claims that immigrants from China were taking jobs from citizens, especially in California.  Chinese workers imported to build the Transcontinental Railroads sought new employment once the routes were built.

Reality probably differed a lot.  Chinese entrepreneurs, with money they had earned working on the railroads, established news businesses.  Yes, a lot of Chinese were getting jobs.  They were mostly new jobs, in new businesses, boosting the economy and creating more jobs.  That came to an almost-screeching halt.

Did America learn?  This law was renewed, then made permanent — not really fixed until World War II, when China was an ally in the War in the Pacific, against Japan.  Even then, it wasn’t a good fix.

The law was repealed by the Magnuson Act in 1943 during World War II, when China was an ally in the war against imperial Japan. Nevertheless, the 1943 act still allowed only 105 Chinese immigrants per year, reflecting persisting prejudice against the Chinese in American immigration policy. It was not until the Immigration Act of 1965, which eliminated previous national-origins policy, that large-scale Chinese immigration to the United States was allowed to begin again after a hiatus of over 80 years.

Can we learn from this history, for immigration reform now? Santayana’s Ghost wonders.

How much is resistance to immigration reform based on racism, the sort of racism that kills the U.S. economy?

The Chinese Exclusion Act proved to be an embarrassment for Uncle Sam:  “A Skeleton in His Closet,” by L.M. Glackens, published in Puck magazine on Jan. 3, 1912. Uncle Sam holding paper “Protest against Russian exclusion of Jewish Americans” and looking in shock at Chinese skeleton labeled “American exclusion of Chinese” in closet. Image from NorthwestAsianWeekly.com

The Chinese Exclusion Act proved to be an embarrassment for Uncle Sam: “A Skeleton in His Closet,” by L.M. Glackens, published in Puck magazine on Jan. 3, 1912. Uncle Sam holding paper “Protest against Russian exclusion of Jewish Americans” and looking in shock at Chinese skeleton labeled “American exclusion of Chinese” in closet. Image from NorthwestAsianWeekly.com

____________

*    I note the image says it was approved by President Chester Alan Arthur (who had succeeded to office after President James Garfield was assassinated a year earlier).  The New York Times calls May 6 the anniversary of Congress’s passing the law; if Arthur signed in on May 6, it was probably passed a few days earlier.  May 6 would be the anniversary of its signing into law.

**  The Chinese Exclusion Act was preceded by the Page Act of 1875, which prohibited immigration of “undesirable” people.  Who was undesirable?  “The law classified as undesirable any individual from China who was coming to America to be a contract laborer, any Asian woman who would engage in prostitution, and all people considered to be convicts in their own country.”  It was not applicable to many immigrants.  The Page Act was named after its sponsor, Rep. Horace F. Page of California.

This is based on, and borrows from, an earlier post at MFB.

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