“A Shameful Waste Of Taxpayer Money”: North Carolina Lawmakers Introduce Law To Establish An Official State Religion
What is it about GOP state legislators that drives them to create laws that have no hope of surviving constitutional scrutiny yet always succeed in running up millions in legal fees to be paid by taxpayers on the way to failure?
And why is it that these same lawmakers are always among the ones crying foul when taxpayer money is spent on things such as healthcare for children or food stamps for the hungry but gladly blow big money on useless challenges to the United States Constitution?
Apparently, helping kids and seniors get needed healthcare is a shameful waste of taxpayer money while paying lawyers big money to pursue hopeless cases that only serve to further political careers is both noble and enlightening.
Over the past few years, red state after red state has taken to passing anti-abortion laws designed to subvert the Supreme Court’s judgment in Roe v. Wade—despite the reality that these state laws, on their face, clearly violate the law.
Recently, many have watched in amazement as Mississippi legislators filed a piece of legislation that would establish a state committee empowered to decide which federal laws the state will agree to follow and which ones they will chose to ignore. According to these Mississippi state lawmakers, they possess the power to ignore any federal law they wish as a result of their state sovereignty—despite a United States Constitution that clearly says otherwise.
But now, in what can only be seen as the coup de grâce in a Republican rebellion against the U.S. Constitution which is sweeping the nation, legislators in North Carolina are preparing to take on one of the most fundamental notions upon which our nation was founded—the freedom of religion and the importance of that pesky wall that separates church and state.
Meet North Carolina Representatives Carl Ford (R-China Grove) and Harry Warren (R-Salisbury), the primary sponsors of a bill introduced into the state’s General Assembly that would clear the way for the state to adopt an official, state religion.
The proposed law, introduced earlier this week, states that the Establishment Clause in the First Amendment—which prohibits Congress from passing laws respecting the establishment of religion or prohibiting the free exercise of religion in America—simply does not apply to the states. The bill goes on to proclaim the sovereignty of the states in this matter while proclaiming that each state is free to make its own laws respecting an establishment of an official religion and that such an establishment cannot be blocked by either Congress or the judiciary.
If you are of the mind that these North Carolina lawmakers have it right, allow me to introduce you to Lemon v. Kurtzman, 403 U.S. 602 (1971), the U.S. Supreme Court case that established the three-pronged test—called “The Lemon Test”— for determining when a state has run afoul of the First Amendment’s Establishment Clause:
- The law or state policy must have been adopted with a neutral or non-religious purpose.
- The principle or primary effect must be one that neither advances nor inhibits religion.
- The statute or policy must not result in an “excessive entanglement” of government with religion.
Clearly, there is no way that a state can create an ‘official’ religion without going very wrong when it comes to meeting The Lemon Test as established by the highest court in the land.
We should not be overly surprised that such an effort to ‘break’ the Constitution—not to mention the will of the Founders—should come from the state of North Carolina. This is the same state that continues to have a provision in its State Constitution requiring that nobody may run for a public office in the state unless that candidate affirmatively states his or her belief in God. Never mind that such a requirement is, again, in direct contradiction to the U. S. Constitution’s prohibition against religion as a prerequisite for serving in public office or the many writings of the Founders expressing their strong feelings against religion as a disqualifying factor for holding office.
And never mind that North Carolina has never removed this requirement from their Constitution despite the Supreme Court’s ruling in Torcaso v. Watkins, 367 U.S. 488 (1961) which held that such a law violate the First and Fourteenth Amendments to the United States Constitution. It was in the Torcaso case that the Court wrote—
“We repeat and again reaffirm that neither a State nor the Federal Government can constitutionally force a person “to profess a belief or disbelief in any religion.” Neither can constitutionally pass laws or impose requirements which aid all religions as against non-believers, and neither can aid those religions based on a belief in the existence of God as against those religions founded on different beliefs.”
So, is this latest effort to subvert a fundamental premise upon which this nation was founded simply the work of a few misguided public officials in North Carolina looking to score some points with the electorate?
Sadly, it is not.
Joining in the fun, as a co-sponsor of the bill allowing North Carolina to establish an official state religion, is one of the most powerful members of the North Carolina General Assembly, GOP Majority Leader Edgar Starnes. Apparently, expecting a leader in so important a role to show some fealty to the law and the legal underpinnings of the nation is asking a bit too much when compared to the opportunity provided that elected official to score a few political points.
I would call these ‘cheap’ political points but there is nothing cheap about the bills the state will rack up as they work to move their faulty legislation up to the United States Supreme Court in order to make their point.
For me, the overriding question presented by this latest effort to subvert the Constitution is just how long it will take for those who self-identify as strict constitutionalist—typically people who also identify as Republicans—to understand that their taxpayer dollars are being squandered by the millions by their elected officials.
When public servants have come to the point where they are desirous of turning their backs on citizens of their state whom may not subscribe to the same religious beliefs of those elected officials, we are on the road to an America that the Founders would neither recognize nor approve.
By: Rick Ungar, Op-Ed Contributor, Forbes, April 3, 2013
“Note To U. S. Senate”: Connecticut’s New Gun Laws Should Be A Wake-Up Call And A ‘Model For the Nation’
U.S. Sen. Richard Blumenthal (D-Conn.) hopes that Connecticut’s sweeping new gun-control proposals will be a “wake-up call” for the U.S. Senate, which is expected to consider new gun legislation when it returns next week.
“I think it should be a wake-up call, and it should serve as a model for the nation and as momentum for Congress,” Blumenthal said in an interview with Business Insider on Wednesday. “I’m proud and thankful that Connecticut is helping to lead the nation and leading by example.”
The Connecticut General Assembly on Wednesday is expected to pass the new set of restrictions put forward by a bipartisan legislative task force.
The new legislation, which comes a little more than three months after the elementary-school massacre in Newtown, Conn., includes some of the following measures:
- A ban on high-capacity magazines of more than 10 rounds;
- A ban on armor-piercing bullets;
- Requiring background checks for all weapon sales, including privately at gun shows;
- An expansion of mental health research in the state;
- An expansion of the state’s current assault weapons ban.
If, as expected, Gov. Dannel Malloy signs the bill into law, the new provisions will be enforced immediately.
But Blumenthal cautioned that the state’s new restrictions won’t mean much if measures aren’t taken on a national scale.
“I think it will heighten awareness, but it also should dramatize that no single state can do this alone. No single state can protect its citizens from illegal trafficking or straw purchases, because our state borders are porous,” Blumenthal said.
The U.S. Senate is expected to begin debate next week on a host of new gun control legislation, including universal background checks and a federal gun trafficking ban. Blumenthal also said he plans to introduce an amendment that would limit magazine capacity to no more than 10 rounds.
By: Brett LoGiurato, Business Insider, April 3, 2013
“All Risk And No Reward”: Exxon Oil Spill In Arkansas Raises Concerns About Keystone XL Pipeline
Environmentalists and Nebraska farmers are upping the pressure on President Obama to reject the controversial Keystone XL pipeline following an oil spill that took place over the weekend.
The rupture occurred in central Arkansas, about 20 miles north of Little Rock, as Exxon’s Pegasus pipeline spilled thousands of barrels of Canadian tar sands oil — the same Alberta crude the Keystone pipeline would carry. The Environmental Protection Agency (EPA) is calling it a “major spill” as officials from the EPA and Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) are currently conducting an onsite investigation while ExxonMobil continues its cleanup efforts.
The company said more than 12,000 barrels of oil and water, or 185,000 gallons, had been recovered by Sunday. Reports say the line gushed for 45 minutes before being stopped and 22 homes were evacuated.
The Arkansas accident was the second Canadian crude oil spill in less than a week, as last Wednesday a train derailed and leaked 30,000 gallons of crude in western Minnesota.
The 20-inch Pegasus pipeline runs from Illinois to Texas and carries 90,000 barrels of crude per day. TransCanada’s 36-inch Keystone XL Pipeline would stretch 1,179 miles from Alberta, Canada to Nebraska, where it would connect with the pipeline system that would carry the tar sands oil to refineries in Texas along the U.S. Gulf Coast.
A Media Matters report states that “Keystone is all risk and no reward for America. The fact that Canadians don’t want Keystone built across their own country tells us everything we need to know about the risks.” The report cautions about TransCanada’s poor safety record, citing 12 oil spills in the first year of operation of another section of the Keystone pipeline. However, TransCanada promises that new technology from its Calgary control room can better monitor pipeline pressure and shut off a leak within 15 minutes. But environmentalists say the tar sands pipeline is more vulnerable to leaks because “the diluted bitumen, or dilbit, from the oil sands can separate under pressure or high temperature and create explosive natural gas, heavy compounds, and corrosive acids.”
In an interview about the Arkansas spill, Keystone XL opponent and founder of climate action group 350.org, Bill McKibben, said “the power of the fossil fuel industry in Washington is enormous. They have all the money. The only thing we can stack up on the other side is the power of movements. We’ve been building them as fast as we can. We’ve had the largest civil disobedience action in 30 years about anything, about this pipeline. We had 40,000 people on the Mall last month in D.C. in the largest climate rally ever. I don’t know if it’s going to be enough, but we’re fighting it as hard as we can.”
The president is expected to make a decision on the Keystone XL pipeline by this summer.
By: Josh Marks, The National Memo, April 1, 2013
“The Racket With Standardized Test Scores”: Treating Test Scores The Way A Corporation Might Treat Sales Targets Is Wrong
It is time to acknowledge that the fashionable theory of school reform — requiring that pay and job security for teachers, principals and administrators depend on their students’ standardized test scores — is at best a well-intentioned mistake, and at worst nothing but a racket.
I mean that literally. Beverly Hall, the former superintendent of the Atlanta public schools, was indicted on racketeering charges Friday for an alleged cheating scheme that won her more than $500,000 in performance bonuses. Hall, who retired two years ago, is also accused of theft, conspiracy and making false statements. She has denied any wrongdoing.
Also facing criminal charges are 34 teachers and principals who allegedly participated in the cheating, which involved simply erasing students’ wrong answers on test papers and filling in the correct answers.
In 2009, the American Association of School Administrators named Hall “National Superintendent of the Year” for improvement in student achievement that seemed, in retrospect, much too good to be true. On Georgia’s standardized competency test, students in some of Atlanta’s troubled neighborhoods appeared to vault past their counterparts in the wealthy suburbs.
For educators who worked for Hall, bonuses and promotions were based on test scores. “Principals and teachers were frequently told by Beverly Hall and her subordinates that excuses for not meeting targets would not be tolerated,” according to the indictment.
But there was a sure-fire way to meet those targets: After a day of testing, teachers allegedly were told to gather the students’ test sheets and change the answers. Suddenly a failing school would become a model of education reform. The principal and teachers would get bonuses. Hall would get accolades, plus a much bigger bonus. And students — duped into thinking they had mastered material that they hadn’t even begun to grasp — would get the shaft.
State education officials became suspicious. The Atlanta Journal-Constitution wrote probing stories. There seemed to be no way to legitimately explain the dramatic improvement in test scores at some schools in such a short time, or the statistically improbable number of wrong-to-right erasures on answer sheets. But there was no proof.
Sonny Perdue was Georgia’s governor at the time, and in August 2010 he ordered a blue-ribbon investigation. Hall resigned shortly before the release of the investigators’ report, which alleged that 178 teachers and principals cheated over nearly a decade — and that Hall either knew or should have known. Those findings laid the foundation for Friday’s grand jury indictment.
My Post colleague Valerie Strauss, a veteran education reporter and columnist, wrote Friday that while there have been “dozens” of alleged cheating episodes around the country, only Atlanta’s has been aggressively and thoroughly investigated. “We don’t really know” how extensive the problem is, Strauss wrote, but “what we do know is that these cheating scandals have been a result of test-obsessed school reform.”
In the District of Columbia, for example, there are unanswered questions about an anomalous pattern of wrong-to-right erasures on answer sheets during the reign of famed schools reformer Michelle Rhee, who starred in the documentary “Waiting for ‘Superman’ ” and graced the cover of Time magazine.
Our schools desperately need to be fixed. But creating a situation in which teachers are more likely than students to cheat cannot be the right path.
Standardized achievement tests are a vital tool, but treating test scores the way a corporation might treat sales targets is wrong. Students are not widgets. I totally reject the idea that students from underprivileged neighborhoods cannot learn. Of course they can. But how does it help these students to have their performance on a one-size-fits-all standardized test determine their teachers’ compensation and job security? The clear incentive is for the teacher to focus on test scores rather than actual teaching.
Not every school system will become so mired in an alleged pattern of wrongdoing that officials can be charged under a racketeering statute of the kind usually used to prosecute mobsters. But even absent cheating, the blind obsession with test scores implies that teachers are interchangeable implements of information transfer, rather than caring professionals who know their students as individuals. It reduces students to the leavings of a No. 2 pencil.
School reform cannot be something that ostensibly smart, ostentatiously tough “superstar” superintendents do to a school system and the people who depend on it. Reform has to be something that is done with a community of teachers, students and parents — with honesty and, yes, a bit of old-fashioned humility.
By: Eugene Robinson, Opinion Writer, The Washington Post, April 1, 2013
“Don’t Let Senators Off The Hook”: There Is No Logical Way To Argue Expanding Background Checks Infringes On Constitutional Rights
Every Senator who is refusing to support expanded background checks — Republican or Democrat — needs to be asked a simple question: Do you support the current background system, or do you see it as an infringement on the rights of the law-abiding?
Every one of them will answer with a Yes, because they are taking refuge behind the idea that the current law needs to be strengthened in various ways but not expanded. Once they are on record confirming they don’t view the current system as a threat to Constitutional rights, the arguments against expanding it dissolve into incoherence.
The Senators who are threatening to filibuster Obama’s gun proposals (Rand Paul, Marco Rubio, Ted Cruz, and Mike Lee) have said that they will “oppose any legislation that infringes on the American people’s right to bear arms, or on their ability to exercise this right without being subjected to any additional government surveillance.”
But even libertarian Tea Party chieftain Rand Paul has allowed that current background checks “work.” And on the Sunday shows yesterday, other Republican Senators, such as Lindsey Graham and Jeff Flake, said they could support improving the current system through better data sharing by states on the mentally ill and other such moves, while opposing expanding checks to private sales. As Steve Benen notes, this means “leaving the massive gun show loophole in place.”
That’s true, and I’d add one other point: It means these Senators view the current background check law as constitutional. Which means there is no logical way to argue that expanding background checks is an infringement on Constitutional rights. Here’s why: The compromise background check expansion being negotiated would simply build on current law, which requires gun dealers (who would conduct the checks on private sales) to keep records on those sales; it explicitly forbids the creation of a national registry; and it requires the feds to destroy info collected on legit gun transfers within 24 hours. None of this — none of it — would change. If the current law is not an infringement on constitutional rights, then neither is an expanded one.
To be fair, in their Sunday appearances, Graham and Flake didn’t argue against the proposal on Constitutional grounds, as the four Tea Party Senators have. But they both dissembled about the plan, with Graham falsely suggesting a father-son gun transfer could be targeted (the compromise proposal under discussion exempts family members), and Flake lamenting new “paperwork requirements” (which would be identical to current ones).
All these Senators should be pressed on whether they support the law requiring private citizens who purchase guns from federally licensed dealers to undergo a check. When they confirm that they do, they need to be pressed on why applying that same system to private sales — in which private citizens who buy guns from another private citizen must undergo a check — is objectionable, particularly since for the buyers, nothing changes, and since these Senators themselves concede we need to do a better job preventing criminals and the mentally from buying guns.
Senators holding out against expanded checks need to be pushed hard on this stuff. This is an important proposal, with American lives potentially at stake.
By: Greg Sargent, The Washington Post, The Plum Line, April 1, 2013
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