• 
• CLASS
• JOBS
• AUTO
• HOMES

TODAY is BILL OF RIGHTS DAY!

TODAY is BILL OF RIGHTS DAY!

VERY interesting to read your comments responding to my question, “Why is next Tuesday, the 15th of December a very, very significant date in our US history?” TUSEN TAKK! (Norwegian = 1,000 thanks!)

YOU have shared very telling comments in terms of the significance and/or meaning of “The Bill of Rights,” but not one single comment is CORRECT in terms of part 1 – “What document was passed/signed/ratified on December, the 15th – 218 years ago this year?” And then, none of the comments gets credit for part 2 – “WHY is this document very significant for every person in the USA, not only US citizens?” IF there are any BONUS CREDIT POINTS to be credited, they would come from part 3 – “How is this document related to the study of diversity in our American political culture or Global terrorism? Be specific.”

GOOD NEWS! My UW-Whitewater “Ethnic Politics” students were prepared for the BONUS CREDIT OPPORTUNITY which I had announced last week being part of the FINAL EXAM! They demonstrated that they did seriously research the BONUS CREDIT OPPORTUNITY and gained BONUS CREDIT POINTS on their FINAL EXAM. Was it only the motivation for BONUS CREDIT POINTS? Was it worthwhile to bring “Bill of Rights Day” to their attention in spite of the FACT that we all GOOGLE!

(Yes, "localboysince1968" - Dec 13, 2009 at 2:27 p.m. - "Mr. E., don't ask these tough questions. Haven't you heard of Google?," I use GOOGLE all the time! I am, however, firmly convinced that as an EDUCATOR have the responsibility of bringing certain information to the attention of my students and you all to ALERT you all! Now, go use GOOGLE to check my responses to the BONUS CREDIT OPPORTUNITY!)

What do YOU think?

NOW to dissect the BONUS CREDIT OPPORTUNITY to clarify requirements for points and then discuss your comments re. significance of the Bill of Rights. As we approach that discussion, let me ask you to consider, “WHAT IF THE FOUNDERS HAD NOT DEMANDED THAT A ‘BILL OF RIGHTS’ BE ADDED to the draft US Constitution of 1787 sent to the states for RATIFICATION?!

To my mind, KUDOS to the Anti-federalists! SPECIAL THANKS to “Brutus,” “Centinel,” “Federal Farmer” along with Patrick Henry, Samuel Adams, George Mason, Richard Henry Lee and Robert Yates! Thomas Jefferson was our Ambassador in France, so NOT directly involved in the ratification battles.

Badgerlvr commented on Dec 13, 2009 at 9:42 a.m. – “I believe you're speaking of the Bill of Rights passage. As much as I agree with your contentions, there have been so many violations of the document over the past few administrations, I feel the founding fathers are rolling over in their graves. It's still the best thing we have.” As you consider having the BILL OF RIGHTS as part of our US Constitution, isn’t Badgerlvr correct?! I agree with “Badgerlvr”!

First – – “What document was passed/signed/ratified on December, the 15th – 218 years ago this year?” The “Bill of Rights” – the first ten amendments to the US Constitution written in 1787 and ratified in 1789 were RATIFIED.

Let’s review the usual & customary process of AMENDING our US Constitution: Resolution passed by 2/3 majority of both House and Senate with submission to the states for ratification/approval. When 2/3 of the states have ratified by simple majority vote an Amendment, it becomes part of our US Constitution. NOTE: The President and Supreme Court have ABSOLUTELY NO DIRECT LEGAL ROLE in amending our US Constitution. For a summary, the Constitution spells out four paths for an amendment: 1. Proposal by convention of states, ratification by state conventions (never used – if one reflects on the convention to revise the Articles of Confederation which convened in 1787, one realizes that the federal government will never, ever let this path be used! What happened?) 2. Proposal by convention of states, ratification by state legislatures (never used – it is highly unlikely this could happen since the states are so diverse and UNable to garner a united stance) 3. Proposal by Congress, ratification by state conventions (used once – Amendment #21 – Repeal of #20 – Prohibition – Congress believed ratification would be faster through conventions of the states rather than state legislature. This is the one and only time this route of amending has been followed. Having been sent to the states for ratification on February 20, 1933, it was ratified on December 5, 1933. Yes, quick repeal!) 4. Proposal by Congress, ratification by state legislatures (used all other times)

Second - “WHY is this document very significant for every person in the USA, not only US citizens?” Re-read the TEXT of each of the BILL OF RIGHTS! Does it specify, “citizen”? What is THE word?!?! The US Supreme Court has ruled consistently that “PEOPLE” means ALL persons in the United States of America! Many Americans are outraged to learn that ALL PERSONS in the USA have the protections of our BILL OF RIGHTS! You ought to review Thomas Jefferson’s assertions in our Declaration of Independence if you want to object to this word and its interpretation. Consider,

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,…

Third – “How is this document related to the study of diversity in our American political culture or Global terrorism? Be specific.”

Let me share a couple quotes from “Ethnic Politics” students who took the FINAL EXAM yesterday (12/14) and responded for FULL bonus credit points to the BONUS CREDIT OPPORTUNITY:

“This document is relevant to Ethnic Politics because this document declares all persons as equals, regardless of race, but in reality, racism still occurs. Society doesn’t follow the Bill of Rights.”

“Because it stated that ALL people are equal, and as we can see, still 218 years later, this is not the case. We are all not treated equal. And, we study and interpret this through Ethnic Politics.”

The “Global Terrorism” exam at UW-Waukesha is not until tomorrow evening… I’ll follow-up later this week with a couple quotes with the perspectives of those students.

KEY POIGNANT POINTS! Note the awareness of the awareness that the Bill of Rights recognizes the RIGHTS of all PERSONS. Valuable that the student articulates the fact, “Society doesn’t follow the Bill of Rights.”

I reminded my students through the years in AP US Government & Politics at Parker HS, Janesville, that the BILL OF RIGHTS restrains the GOVERNMENT – first the FEDERAL government and then through the US Supreme Court using what is called "incorporation" – added some of the restraints (specific provisions of the Amendments) on the states gradually/one-by-one.

The BILL OF RIGHTS is NOT applicable in the PRIVATE sector! So, IF your employer tells you that he will fire you for using certain words, YOU cannot seek legal protection under the BILL OF RIGHTS!

What examples do YOU think of? Be specific. I do hope you will comment.

NOW, I have to express my concern over the HIGH LEVEL OF CYNICISM re. our BILL OF RIGHTS articulated by several commentators. “Sannio” commented yesterday (12/14) at 11:04 am – “The Bill of Rights was signed into law, but that means nothing now, so December 15th is just another day.”

"MEANS NOTHING NOW"?!?!?! That is an extremely cynical and EXAGGERATED comment as I see it. How do YOU see it?

IF I were to extend this posting for pages and pages, I could cite some of the US Supreme Court decisions of the last term of the court which clearly DEMONSTRATE the FACT that the BILL OF RIGHTS is vital to protect the RIGHTS of persons in the USA from the GOVERNMENT – federal and states!

One example is one of my favorites and VERY effective in teaching AP US Government & Politics: Tinker v. Des Moines (393 U.S. 503, 1969). This is the key STUDENT FREE SPEECH which developed during the Vietnam War. John (15) and Mary Beth Tinker (13) with their friend, Christopher Eckhardt (16) decided to wear black armbands showing peace symbols on them to their schools (high school for John and Christopher, junior high for Mary Beth in Des Moines, IA) in protest of the Vietnam War and supporting the Christmas Truce called for by Senator Robert F. Kennedy in December 1965. All three (3) were suspended from school until after January 1, 1966, when their protest had been scheduled to end. Iowa Civil Liberties Union recognized the significance of this situation and offered to take the case to court. The US District Court ruled in favor of the school board. The case was appealed which is a right, so the US Court of Appeals – 8th circuit – ruled – it tied leaving the US District Court’s ruling in place. Then ACLU appealed the case to the US Supreme Court using the writ of certiorari. These requests for the US Supreme Court to take a case are reviewed by the Justices' chambers (usually the clerks who advise the justices). In conference, IF four (4) of them vote to take the case, it is brought to the US Supreme Court. This is a very, very significant screening process. Of the writs filed during a term (2009 term: 8,241), the US Supreme Court takes 80 – 150 cases or about 1.1%! There is NO absolute right of appeal to the US Supreme Court! The court sifts & winnows the cases it takes!

The TINKER v DES MOINES case was argued before the US Supreme Court on November 12, 1968. The court's 7 to 2 decision handed down on February 24, 1969 held that the First Amendment applied to public schools, and that administrators would have to demonstrate constitutionally valid reasons for any specific regulation of speech in the classroom.

Justice Abe Fortas wrote the majority opinion, holding that the speech regulation at issue in Tinker was "based upon an urgent wish to avoid the controversy which might result from the expression, even by the silent symbol of armbands, of opposition to this Nation's part in the conflagration in Vietnam," and, finding that the actions of the Tinkers in wearing armbands did not cause disruption, held that their activity represented constitutionally protected symbolic speech.

This set the precedent which has been used in numerous subsequent US Supreme Court cases, e.g., Bethel School District v. Fraser (1986), Hazelwood v. Kuhlmeier (1988), Broussard v/ School Board of Norfolk (1992) _. Morse v. Frederick (2007).

I am a card-carrying member of the American Civil Liberties Union (ACLU) because I earnestly and sincerely believe that the ACLU is a major effective defender of the RIGHTS of “we the people” through the BILL OF RIGHTS. I do NOT always agree with the cases they choose, but I do KNOW that I agree with the PRINCIPLES for which the ACLU fights! You may want to learn more about the ACLU. Isn’t the theme poignant, “Because freedom can’t protect itself”?

As promised on Sunday, the 13th of December (5th week since my LUCKIEST FRIDAY the 13th!), I have NOW posted the clarification for my posting, “NEXT TUESDAY is very significant! WHY?”

Yes, the Lord has been willing! IF you want clarification of my use of this statement, see my blog posting, “THANKSGIVING DAY 2009”.

I will be reading your comments, the Lord willing.

FINALLY, I need to share the fact that today – the 15th of December has special meaning to me personally because it is my father’s birthday – Walter Christian Eyster was born on December 15, 1911 in Ohio. He died of a massive heart attack during the Service of Worship at Emerald Grove United Church of Christ on Sunday, August 18, 1991 while my family and I were visiting Marilyn’s family at home in OH. Dad had preached several times at Emerald Grove, so he was among people whom he knew and where mother had loving care from our church family. We celebrated Dad’s life on Sunday, September 8, 1991 at Emerald Grove Church. He was a United Methodist clergyperson (The Reverend Dr. Walter C. Eyster) throughout his life serving most of his career in OH, but with 4 years here in WI (1945-49) – that’s when I lived in Oshkosh and started Kindergarten at Merrill Elementary School. GOOD & BLESSED MEMORIES!

Here we go…

Mr. E.

John Eyster lives in the Edgerton area. He is an adjunct professor of political science at UW-Waukesha and an advocate for democracy/civics education in Wisconsin high schools. John is a community blogger and is not a part of Janesville Gazette staff. His opinion is not necessarily that of the Janesville Gazette staff or management.