For now, Cross to Remain on Public Land in S.D.

A large crucifix in the San Diego area, prominently displayed on public land, had been ordered taken down by a federal judge.

Yesterday Supreme Court Justice Anthony Kennedy stepped in and ordered an indefinate stay allowing the crucifix to remain while further legal arguments are made.

I've read in some commentaries lately that Kennedy has become some kind of flaming liberal. I don't always agree with his votes, but he seems to have a tremendous amount of integrity and views these types of church/state issues seriously and on a case by case basis.

Other than looking at the picture reading the report in the Seattle Times and the N.Y. Times, I don't know the details. If, as one side is claiming, this was erected to honor the war dead (and if that intention is still clear to visitors) I don't see it as a violation of the Establishment Clause. What do you think?

First Amendment Challenge by Neo-Nazis

First case involves a demonstration in Olympia. About 12 neo-Nazi were doing their thing - wearing brown shirts, boots, and spewing hate - and exercising their First Amendment rights to do so. There was a counter-demonstration that was much larger, the police were out in force, and no violence ensued.

My comment to Congress:
These obnoxious twits are much more offensive than flag burners, because they are using "pure speech" as opposed to "symbolic speech". Also, I might add, they are spewing the hate and ideas our veterans ofWWII were actually fighting against; these were the emotional and intellectual descendents of those that actually shot at, bombed, and torpedoed Americans and the rest of the free world during WWII.

Since the late 1960's (Brandenberg v. Ohio) the Supreme Court has allowed these types of groups to protest regardless of their obnoxious and hateful messages. No great harm has come of it. Dealing with unpopular or just plain stupid ideas is the price we pay for a vibrant, open national dialogue we can have under our Constitution.

Stop the damn political posturing over flag burning! It is insulting to this nation's history of freedom of expression and the ideals we have fought for in so many ways since the First Amendment was ratified.

Don't let a few flag-burners or misguided neo-Nazis shake your belief in freedom. Leave the First Amendment alone!

TR for President!!!

Have you seen the latest edition of Time Magazine?!? Teddy Roosevelt is on the cover!



Woot! (er, ah, I mean "Bully!") What a great Fourth of July present for the nation! A TR issue -I can't wait to read it....

Ave Maria Silenced at Edmonds Graduation

Does it violate the 1st Amendment's Establishment clause if a school's wind ensemble chooses to play "Ave Maria" at a graduation ceremony? Apparently the Superintendent of the Edmonds School District thought so, and now this girl...

is suing the District for violating the students' 1st Amendment rights of free expression.

All of this was in an article in the Seattle Times.

The fact that this musical selection did not include lyrics, was a choice of the students, was played at a graduation ceremony (as opposed to over the announcements) and many other factors complicate this case.

Where her rights violated? Does the school superintendent have a right to tell the Mill Creek Wind Ensemble what is and is not appropriate music for a graduation ceremony?

Sorry! I just realized this seems like an assignment for one or my classes. Old habits die hard I guess - just got kinda excited about this issue. It isn't required that you write about this in your journal or anything! :) I'm a bit "off-balanced" you know...

Supreme Court Blocks Military Tribunals at Guantanamo

In a strong rebuke to the Bush administrations, the Supreme Court ruled this morning that the Bush administration violated U.S. law as well as the Geneva Conventions in setting up military tribunals for the detainees at Guantanamo Bay.

The case is Hamdan v. Rumsfeld (not to be confused with Hamdi v. Rumsfeld decided in 2004).

I wish I had more time to write about this now, but I'm "hella" busy with course work to renew my teaching certificate. So far, it has made for a not-so-happy and carefree summer vacation. Anyway, I'll try to post more on all of the recent decisions. The Court adjourned this morning until the first Monday in October.

To start with, you can read the stories in the New York Times or the Seattle Times.

Flag Amendment Fails by One Vote

The Senate came one vote short of the necessary 2/3 to propose a Constitutional Amendment to allow Congress to pass a law banning the burning of the American Flag.

There were 66 votes in favor, one shy of the 67 needed out of the 100 in the Senate. The House had already passed the measure in 2005. (More here.)

I'm happy to see it fail, but unfortunately the close vote will probably mean that backers will bring it up again in the next Congress unless the Democrats do very well in the up-coming Congressional elections in November.

It is such a minor issue to make the subject of a Constitutional amendment.

Sen. Orrin Hatch (R) gave an unintentionally hilarious speech on the Senate floor during debate. He was very sanctimonious on the issue. I heard it on NPR, and Stephen Colbert ran a part of it on the Colbert Report. If I can find a link, I'll add it here.

Flag-Burning Amendment?

When was the last time you saw someone burn an American flag?

I have never witnessed it. Probably very few of you have ever seen it happen either. Yet, as if our nation is under attack from a wild horde of flag-burning arsonists, we now have the U.S. Senate set to debate the subject this week.

Why? Because in some states, political candidates think it will help win an election to be able to point out that "my opponent is for the burning of the American flag - just look at how he/she voted on the anti-flag burning amendment".

It is sad that candidates can still get away with such cynical politics in the year 2006. But no. Our Constitution, which has only been amended 17 times since 1791, isn't good enough for a bunch of conservative Republicans. They think that our sacred guiding document needs to get in the gutter with the most depraved politics of the day by attaching amendments to keep gays from marrying and flags from being burned.

The only way to stop this nonsense is by going to the polls and voting against candidates that have little but fear and manipulation to offer the average U.S. citizen.

School's Out for Summer!

Oh, a good feeling, but it always takes me a few days to actually feel like school is over and realize I don't have a stack of papers waiting to be graded, or a lesson plan needing to be thrown together. It will sink in soon though. So, no current events news today - my head isn't ready to write cogently (look it up!) about the world. The Senate had a ridiculous debate about setting a timetable for withdrawal from Iraq yesterday that was ridiculous since it was a non-binding resolution.

Congratulations to all of the seniors that graduated this week! I've talked with some of you and have heard a lot of mixed feelings about graduating. In someways, there is all this build up and then some inevitable let down once the ceremony and everything is all over - not unusual really. How are you seniors feeling about being high school graduates now?

Sports note: It is fun to be a Mariners fan these days. They lost last night, but hey, it is fun to have some thing to cheer about. I still haven't gotten into the whole World Cup thing, but was talking to some people at a graduation party last night and it occured to me that Italy is still in this thing. Should I be getting some ethnic pride and supporting them, or would it be a waste of my time - like expecting Italy's military to make a difference in either or the world wars.

Gamer note: I asked my family to delay any Father's Day gifts until after the end of the school year. So now, I've got it and already logged a few hours on Oblivion for Xbox 360. Fun game!

Afghan Leader Blasts War on Terror

Under the U.S. occupation of Afghanistan, our government supported the election of Hamid Karzai. Since his election he has been critical of the lack of funding his country has received to rebuild.

Today comes news that he has publicly said what a lot of us have been saying to the U.S. government's approach to fighting the war on terror - from MSNBC:

A clearly frustrated Karzai said the approach being taken by
coalition forces to hunt down militants does not focus on the roots of
terrorism itself.

A think this one sentence sums up generations of mistakes this nation has made (and that goes back well before the current Bush administration).

If I wasn't so busy grading...

...there are lots of interesting things I would read. Instead, I'm picking up a paragraph or two of here and there. For instance, the respected journal Foreign Policy has devoted an issue to sorting out how safe we have made ourselves from the threat of terrorism, and it makes you consider even more seriously the question:

Are we losing the war on terror? It looks to be a sobering collection of thoughts from professionals in the national security field:

Check it out here.

U.S. Soldiers Killed in Iraq - you can find this anywhere on a news site right now. The reports that they were tortured and killed in a "barbaric" way just sends chills up my spine. Who will stop this senseless cycle of violence and death? It reminds me of a quote by Dr. Martin Luther King, Jr. that I can't quote exactly, but it went something like - someone has got to have sense enough and religion enough to end the violence. Our world yearns for a voice like his now...

Global Warming in the news again - More evidence from the north and south poles of our climate warming. Check out the story on NPR.

The Mariners are on a roll! Enjoy it while it lasts! They may even hit the .500 mark soon if they keep this up!

Congratulations Graduates! I love you guys....

Oh well, back to the gradebook...

Alito Vote Loosens Limits on Evidence

Breaking News from the New York Times: Alito Vote Loosens Limits on Evidence

In a 5-4 decision in the case of Hudson v. Morgan, the Court refused to exclude evidence gathered by police that had a warrant, but failed to knock before entering a private home. There was a strong dissent written by Steven Breyer that countered the majority opinion by Antonin Scalia. New Justices Roberts and Alito voted with the 5-member majority.

This decision reverses long standing precedent of the "knock and announce" policy. This decision really shows the divisions in the new Roberts Court. What do you think?

The text of the decision can be found here.

Analysis from NPR.

Yes George, Guantanamo Prison Was Stupid Too

This week has seen three prisoners commit suicide at the U.S. run prison for "enemy combatants" in Guantanamo Bay, Cuba, and a ton of renewed criticism for the United States.

The prison that Amnesty International has called "a gulag of our times" has been a source of resentment around the world. Even our allies think the practices at the prison are outrageous and reluctantly, the Bush Administration is admitting that the prison is hurting us more than it is helping us.

Too bad it has taken them over three years to catch on to what the rest of the world had been saying all along.

Bush Visits Baghdad

It is very hard for my not to be cynical about the surprise visit of the President to Iraq. It has been quite a while since he was there, and it seems as though this administration was way too anxious to seize on the first bit of positive news out of Iraq and attach itself to it like a "Mission Accomplished" banner to to returning warship.

If you didn't read about the President's trip, you can click here: Bush Makes a Surprise Visit to Baghdad. Also, Congress is discussing Iraq and appropriating more money for the mission there which you can read about here: House to Re-Open Debate on Iraq War.

In the meanwhile, two of the more respected members of the U.S. Senate, Democrat Russ Feingold and Republican John McCain made their own, and in my opinion, more substantive visit to Iraq this week.

In the meanwhile, I sigh and wait for this long national mistake to come to a conclusion....and our men and women can come home.

Lots Goin' On, and I Can't Keep up!

I've been mired in grading and the mundane tasks of life the last couple of days, and haven't had the time to really soak up some of the important and interesting events going on out there the last couple of days. I've only had time for headlines and such. Maybe some of you can suggest some good articles or Op/Ed pieces you have seen out there. The headlines that have caught my eye include:

Al-Zarqawi killed in Iraq by U.S. airstrike - the supposed leader of al-Quaeda in Iraq. This brutal guy use to like to have videotapes of hostage beheadings broadcasted on the internet. How will this impact the future of the Iraqi people and the fledgling political process? My guess is that we won't see much of a difference in the general level of violence over there.

A military officer from our own state of Washington is refusing to deploy to Iraq, because he objects to the war. Is he a courageous patriot pointing out the folly of our nation's misguided foreign policy, or a traitor to our military/nation. I'm going with the former.

Gay Marriage won't go away, and this morning's Seattle Times ran a cover story wondering what our State Supreme Court is doing sitting on the gay marriage cases that were argued in this state 15 months ago. Are they trying to find the "right" time to drop a bombshell decision?

I dunno. I'm tired and groggy and need some sleep. Sorry there aren't any links included in this post. I didn't bring my "A" game today...

Tuesday's Topics

The Seattle Times has a very good explanation of the Seattle Schools case, as well as and accompanying article: Whatever the ruling, tie-breaker may be moot. As you may or may not know, in the Seattle School District, you request which high school(s) you prefer to attend, and the district makes a decision about who goes where. A major part of their consideration is achieving racial and ethnic balance in their schools. Does that policy violate the Constitution? Check out the articles and see what you think.

I am a firm believer that wealthy people should pay higher tax rates, and that the laws passed earlier this century establishing taxes on inheritances should remain on the books. Not everyone agrees with me, and Congress is considering repealing this part of the tax code. There are a number of names for these taxes, but you will here them called "estate taxes", "inheritance taxes" and even "death taxes". What do you think about them?
Here is a pro and con on the issue:
Reward for the Hereditary Elite
...Or Unfair Burden on Families?

Gay Rights: While George Bush and some members of Congress want to add an amendment to the Constitution to ban gay marriage (see post from a few days ago), our State can be proud of our progressive laws with respect to banning discrimination against gays and lesbians. The legislature added sexual orientation to our civil rights laws earlier this year, and although some in our state have been trying to repeal this law giving basic rights to gays and lesbians, today they failed. See the article in the Seattle Times.

Islamic Militants Claim Victory in Somalia. Somalia seems like a much neglected front in the war on terror. As we put so much effort and resources into fighting in Iraq, many terror groups have found more of a safe haven in Somalia. What will it mean if a new government favors the path of the Islamists?
Read more in the N.Y. Times.

And what is the deal with the racism in Europe at the World Cup? Maybe because I am not a soccer fan, I'm being caught by surprise by all this, but crowds in Europe have been taunting African players with monkey calls and throwing bananas at them!!!! What century are these racist fools living in? Here are a couple of links on this. Maybe one of you can explain this to me...
Surge in Racist Mood Raises Fears on Eve of World Cup
Efforts to Curb the Rowdy and Racist Behavior of Soccer Fans

Gotta go check out King Felix on the mound tonight for the M's!

Supreme Court to Hear Affirmative Action Cases

Just like my 2nd period class, the U.S. Supreme Court will be hearing new cases involving affirmative action and public schools. One case involves students picking high schools, the other desegregation.

I was pretty surprised to see this news today about an hour after we did our Supreme Court Simulation on the 2003 University of Michigan Cases to read the following news report:

Nearly three years after its landmark ruling upholding a race-based admissions plan at the University of Michigan Law School, the US Supreme Court has agreed to consider to what extent race may be used to balance white and nonwhite enrollment in public schools.

On Monday, the high court agreed to examine cases involving two school districts attempting to maintain racially integrated schools.

One involves a school board plan in Seattle that seeks to achieve a rough balance of 40 percent white and 60 percent nonwhite enrollment at each of the city's 10 public high schools.

The second is a school district in Louisville, Ky., that set broad guidelines that the black student population of any particular school should range between 15 percent and 50 percent.

Read more about this in the Christian Science Monitor, N.Y.Times or MSNBC.

Bush to Promote Gay Marriage Amendment

With all of the problems this nation faces, and his approval ratings at record low levels, it is nice to see that Bush still has time to appeal to the lowest common denominator: Prejudice and hatred of gays and lesbians. News today comes that on Monday, the President will promote a gay marriage amendment to the United States Constitution. (Read stories in the Christian Science Monitor, N.Y. Times, or CNN.)

In its current form, the amendment reads:

“Marriage in the United States shall consist only of the union of a man and
a woman. Neither this Constitution, nor the constitution of any State, shall be
construed to require that marriage or the legal incidents thereof be conferred
upon any union other than the union of a man and a woman."

Of course this is little more than a political stunt to try to curry favor with the Christian Conservative base (there is little chance it will get out of the Senate), but those of us who are enlightened still have a duty to speak out against intolerance in all of its forms. While I believe there is little chance of such an amendment passing in today's political atmosphere, I still strongly object to those who would attempt to write discrimination into our Constitution. The issue is a big one for some as the headlines scream things like Gay Marriage looms as "battle of our times".

The case does raise interesting questions of federalism though, and the full faith and credit clause of the Constitution. Also, while Bush is spending time on this, it is important to remember his role in such a debate is limited as pointed out by today's article in the C.S. Monitor. "On constitutional amendments, the president plays no formal role - his signature is not required - so any power he may wield would come through the bully pulpit."

So what do you think?

Haditha Killings Dominating the News

It seems that this story is really making a big impact in the mainstream press. It will be the cover story on Time Magazine this week.

Haditha Killings Update

This stuff is just chilling. Like many Americans, I understand they are under much stress and strain on a daily basis. I can't help but believe that most of the blame for what happened in Haditha belongs with the officers and politicians who put U.S. troops in a no-win situation, and then lie to cover up th mistakes.

Too much has been asked of too many of our troops. News reports of the conditions under which our troops are sent into dangerous situations have concerned me since the start of thes war. I can't imagine how many of them hold up as well as they do, and frankly, it should not surprise any thinking person that these types of tragedies will occur. Murder and massacres happen when people with shattered psyches and automatic weapons are put in the type of hell that is war-torn Iraq.

Yes, charges will be filed and soldiers who committed crimes will be punished; but how far up the chain of command? In the Abu Ghraib scandal, it didn't go beyond those in the prison. (Check out "Officers Untouched by Abu Ghraib Prosecutions".)

Those in the Pentagon and the White House that planned and schemed for ways to skirt laws and conventions on torture are still in their suits, ties and offices, removed from the hell that they helped create. (And yes, I'm especially aiming criticism at Alberto Gonzalez, Dick Cheney, and Donald Rumsfeld.)

Here is a recent NPR report on where we are at with the investigation into this mess. Listen up.

Also of interest, this CNN report discusses the training given to U.S. troops about "professional military values".

Haditha Killings

Some are saying this may be the My Lai of the Iraq War. The picture that is emerging is that U.S. Marines killed 24 civilians "in cold blood" last November, including unarmed men, women, and children. It is important to note that unlike deaths of civilians that are accidental in a time of war, the outright killing of civilians is a violation of the U.S. Uniform Military Code as well as international law.

In this case, what makes it worse is that apparently not only was this a case where a group of American soldiers freaked out and killed civilians, but military officers participated in an illegal cover-up of the killings. For many people who remember the mistakes of the U.S. involvement in Vietnam, this is frighteningly familiar.

The Seattle Times ran a story quoted Iraqi witnesses describing the Marines going house to house in a rage.

Here is more coverage from major news organizations:

Marines May Have Committed Murder in Iraq
Military Inquiry Said to Oppose Account of Raid
Haditha probe finds false reports
War atrocities: awareness grows, tolerance drops
Can the Military Effectively Investigate Itself?

Reportedly, Bush is none too pleased about these developments. He said at a press conference today that if crimes were committed, those responsible would be punished. I'm sure this kind of news out of Iraq makes life all that more miserable for Bush. I don't have sympathy though, as he was warned things could get ugly. Colin Powell reportedly told him told him before the invasion, "If you break it, you own it."

Some commentary from Mother Jones reminds us that in a long-term occupation, horrors like this occur. An elaboration on the "all war is a crime" theme.
Rampage at Haditha: Aberrant or Endemic?

Support Our Troops - Meaningfully

Paul Rieckhoff is a great American patriot. He understands that "supporting our troops" is important but also much more complex than displaying a yellow ribbon.

He served in combat in the Iraq war, and since he has been home, has been a tireless advocate for the veterans of the wars in Iraq and Afghanistan, and a meaningful political policy to support them. He leads a group formerly known as "Operation Truth" and now renamed Iraq and Afghanistan Veterans of America (IAVA). On this past Memorial Day, he wrote, "every American should find a way to become part of the conversation about how we've gotten to this point in Iraq, what must come next, and how best to care for this newest generation of veterans."

He has a new book out called Chasing Ghosts, and you may catch him on one of the news shows out there promoting it.

I wish everyone in this country could have read his message, posted recently, as a way to observe Memorial Day. Here is an excerpt:

As of this writing, 2,458 American men and women had died in Iraq, and 291 had died in Afghanistan. More than 18,000 have been wounded, and untold thousands suffer the psychological trauma that is one of war's most devastating consequences.

How close are you to these costs of war? Chances are, you're not close at all. Only one-third of one-percent of the American population has served in Iraq or Afghanistan. Compare that with previous wars. In Vietnam, more than four percent served. More than 16 million Americans served in World War II - 12 percent of the population. Today, with no draft and a professional military, the American public is dangerously disconnected from the extraordinary sacrifices made by this nation's military families. There are 130,000 Troops still stationed in Iraq and Afghanistan whose loved ones back home are consumed by the constant fear that a uniformed officer will come to the door, bearing the worst news. For nearly 3,000 families, that fear has already been realized.

But according to the headlines, the greatest fears facing non-military families are the drain at the gas pump or the dismissal of the latest American Idol contestant. When I got home after a year leading an infantry platoon in Baghdad, the number-one story in this country was Janet Jackson's wardrobe malfunction. This did not look like a country at war, and two years later, as American casualties in Iraq continue unabated, it still does not.

Read more of his May 30th post titled "Remembering the Costs of War" at his blog, "Chasing Ghosts", or at military.com.

Time to get this started again?

I think so! My hope to engage students, ex-students, and interested adults into a discussion of important issues facing our nation and world. For now, I haven't figured when to find time to transfer the info and links I've been keeping track of to this site.

If you'd like to see the news I consider important and relevant, see my bloglines site at http://www.bloglines.com/blog/mrc803

Soon, I hope to get this is up and running as a useful tool for learning, discussion, and creating a healthier democracy!