A Stitch in Haste

This is wrong on so many levels:

The Education Department outlined Tuesday how it plans to enforce a little-known provision that Congress passed in 2004: Every school and college that receives federal money must teach about the Constitution on Sept. 17, the day the document was adopted in 1787.

Schools can determine what kind of educational program they want, but they must hold one every year on the now-named "Constitution Day and Citizenship Day." And if Sept. 17 falls on a weekend or holiday, schools must schedule a program immediately before or after that date.

Historically, the federal government has avoided dictating what or when anything must be taught because those powers rest with the states under the 10th Amendment. The Education Department's Web site even underlines that point, saying matters such as the development of curricula and the setting of course requirements fall outside federal authority.
...
The federal law championed by Byrd also affects all federal agencies. They will have to train new employees about the Constitution during orientation and train all employees about the document every Sept. 17. The Office of Personnel Management is expected to post guidelines in those areas soon.

Some hasty stitches:

--We are talking here about a intrusive federal law mandating that states introduce a specific curriculum extolling the virtues of Tenth Amendment federalism. Does no one see the irony in that?!?

--On the other hand, there's actually nothing in the Tenth Amendment or its jurisprudence declaring education as a "power reserved to the states." That's a convenient overlay that has been repeatedly paid lip service, but little else. No Child Left Behind was merely the last nail in the coffin burying the fiction of "leave the schools to the states."

--As for that "all federal agencies" provision, I'd be just as happy, if not more so, if federal employees actually did their jobs on September 17 rather than watched prepackaged videos about separation of powers or federalism. This is just another paid holiday for them.

--What if, as part of "Constitution Day," classrooms had debates about the Federal Marriage Amendment, or Roe v. Wade, or the constitutionality of capital punishment for crimes committed as minors, or of compulsory drug testing for high school students? I suspect a Bush Department of Education might have second thoughts about that kind of "Constitution Day."

--Two words: Activist Legislature. Okay, some more words: The Politics of the Warm Fuzzy Feeling.

--What's so important about when the Constitution was adopted? Isn't when it was ratified (March 4, 1789) far more symbolic?

Class dismissed.

Here's a great combination of "Style over substance," "Does size matter?" and the Politics of the Warm Fuzzy Feeling:

Florida's public schools have less than a month to comply with a state law requiring a certain size flag in all classrooms.

The Carey Baker Freedom Flag Act took effect last year and requires that all public schools, colleges and universities have a flag that measures at least 2 feet by 3 feet in each classroom. State lawmakers gave school leaders until Aug. 1 to purchase the regulation flags.
...
Schools without the required flags were given a year to find outside resources to pay for them.

I would have thought that our public schools have bigger problems than acquiring bigger flags.

But then again, I'm not a grandstanding local hack politician.

If any Florida schoolchildren, parents or teachers are reading this and need money for flags, let me know.

(Hat tip to Cafe Hayek.)

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Updating a related matter, the Washington Post has a front-page article on Senator Robert Byrd's asinine stunt requiring every school (not to mention federal government office) to disrupt their schedules to celebrate "Constitution Day" every September 17. See my previous post.

Perhaps Florida schoolchildren can use Constitution Day to hold bake sales to pay for their bigger flags.

In mockery celebration of Constitution Day, I am reposting this piece, originally published on May 24, 2005 (see also this post).

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This is wrong on so many levels:

The Education Department outlined Tuesday how it plans to enforce a little-known provision that Congress passed in 2004: Every school and college that receives federal money must teach about the Constitution on Sept. 17, the day the document was adopted in 1787.

Schools can determine what kind of educational program they want, but they must hold one every year on the now-named "Constitution Day and Citizenship Day." And if Sept. 17 falls on a weekend or holiday, schools must schedule a program immediately before or after that date.

Historically, the federal government has avoided dictating what or when anything must be taught because those powers rest with the states under the 10th Amendment. The Education Department's Web site even underlines that point, saying matters such as the development of curricula and the setting of course requirements fall outside federal authority.
...
The federal law championed by [Senator Robert] Byrd also affects all federal agencies. They will have to train new employees about the Constitution during orientation and train all employees about the document every Sept. 17. The Office of Personnel Management is expected to post guidelines in those areas soon.

Some hasty stitches:

--We are talking about an intrusive federal law mandating that states introduce a specific curriculum extolling the virtues of Tenth Amendment federalism. Does no one see the irony in that?

--On the other hand, there's actually nothing in the Tenth Amendment or its jurisprudence declaring education as a "power reserved to the states." That's a convenient overlay that has been repeatedly paid lip service, but little else. No Child Left Behind was merely the last nail in the coffin burying the fiction of "leave the schools to the states."

--As for that "all federal agencies" provision, I'd be just as happy, if not more so, if federal employees actually did their jobs on September 17 rather than watched prepackaged videos about separation of powers or federalism. This is just another paid holiday for them.

--What if, as part of "Constitution Day," classrooms had debates about the Federal Marriage Amendment, or Roe v. Wade, or the constitutionality of capital punishment for crimes committed as minors, or of compulsory drug testing for high school students? I suspect a Bush Department of Education might have second thoughts about that kind of "Constitution Day."

--Two words: activist legislature. Okay, some more words: The Politics of the Warm Fuzzy Feeling.

--What's so important about when the Constitution was adopted? Isn't when it was ratified (March 4, 1789) far more symbolic?

Class dismissed.

---

POST SCRIPT: Your homework is to read the Constitution in its entirety, including the Bill of Rights and later Amendments. Every American should read it end-to-end at least once in his lifetime.

More thoughts at Catallarchy, PoliBlog.

No, not that one -- this one:

Our Founding Fathers knew the importance of freedom of religion to a stable democracy, and our Constitution protects individuals' rights to worship as they choose. We reject religious discrimination in every form, and we continue our efforts to oppose prejudice and to counter any infringements on religious freedom.
...
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim January 16, 2006, as Religious Freedom Day.

I call on all Americans to reflect on the great blessing of religious liberty, endeavor to preserve this freedom for future generations, and commemorate this day with appropriate events and activities in their schools, places of worship, neighborhoods, and homes.

Some hasty stitches:

--How sad, and hypocritical, that such a statement could not be intellectually honest enough to mention, even in passing, the notion of freedom from religion, the right not to be proselytized at -- especially by government -- and the right not to have religious bigotry serve as the illegitimate basis for discrimination of the form that this day truly warns us against.

--How ironic that this President, who depends so heavily on some of the most intolerant, bigoted and downright fascist "Christian" factions in this country would be the one to invoke "individuals' rights to worship as they choose." Is there any worse form of hypocrisy than religious hypocrisy?

--On the other hand, this "holiday" is not an innovation of this Administration; it's an annual ritual that dates back to 1994 and the Pervert President. Which of course invites the question: why not just issue one "proclamation" and be done with it? The answer is, of course, rank political grandstanding. Does the President go through the motions of proclaiming each December 25 as Christmas Day?

--While we're on the subject, where exactly does Article II of the Constitution say anything about the authority to declare holidays? Oh, right, I forgot: Article II power is now deemed "plenary," at least by this Administration.

To hell with this worthless, grandstanding "proclamation."

Meanwhile, happy MLK Day, everyone.

"In 1787, the Framers of the Constitution met in Philadelphia and drafted a document that continues to be the foundation of our Nation's identity. The Constitution established the enduring governmental framework in which our free society has flourished for more than two centuries, and it is a testament to the wisdom and foresight of our Founders."
--President George W. Bush, Proclamation, 14 September 2006

In mockery celebration of Constitution Day, I am reposting this piece, originally published on May 24, 2005 (see also this post).

---

This is wrong on so many levels:

The Education Department outlined Tuesday how it plans to enforce a little-known provision that Congress passed in 2004: Every school and college that receives federal money must teach about the Constitution on Sept. 17, the day the document was adopted in 1787.

Schools can determine what kind of educational program they want, but they must hold one every year on the now-named "Constitution Day and Citizenship Day." And if Sept. 17 falls on a weekend or holiday, schools must schedule a program immediately before or after that date.

Historically, the federal government has avoided dictating what or when anything must be taught because those powers rest with the states under the 10th Amendment. The Education Department's Web site even underlines that point, saying matters such as the development of curricula and the setting of course requirements fall outside federal authority.
...
The federal law championed by [Senator Robert] Byrd also affects all federal agencies. They will have to train new employees about the Constitution during orientation and train all employees about the document every Sept. 17. The Office of Personnel Management is expected to post guidelines in those areas soon.

Some hasty stitches:

--We are talking about an intrusive federal law mandating that states introduce a specific curriculum extolling the virtues of Tenth Amendment federalism. Does no one see the irony in that?

--On the other hand, there's actually nothing in the Tenth Amendment or its jurisprudence declaring education as a "power reserved to the states." That's a convenient overlay that has been repeatedly paid lip service, but little else. No Child Left Behind was merely the last nail in the coffin burying the fiction of "leave the schools to the states."

--As for that "all federal agencies" provision, I'd be just as happy, if not more so, if federal employees actually did their jobs on September 17 rather than watched prepackaged videos about separation of powers or federalism. This is just another paid holiday for them.

--What if, as part of "Constitution Day," classrooms had debates about the Federal Marriage Amendment, or Roe v. Wade, or the constitutionality of capital punishment for crimes committed as minors, or of compulsory drug testing for high school students? I suspect a Bush Department of Education might have second thoughts about that kind of "Constitution Day."

--Two words: activist legislature. Okay, some more words: The Politics of the Warm Fuzzy Feeling.

--What's so important about when the Constitution was adopted? Isn't when it was ratified (March 4, 1789) far more symbolic?

Class dismissed.

---

POST SCRIPT: Your homework is to read the Constitution in its entirety, including the Bill of Rights and later Amendments. Every American should read it end-to-end at least once in his lifetime.

"Freedom is a gift from the Almighty, written in the heart and soul of every man, woman, and child, and we must continue to promote the importance of religious freedom at home and abroad."

--Ecclesiast-in-Chief George W. Bush, in proclaiming today "Religious Freedom Day."

Of course, the radical theocrat base that is so important to President Bush and the (now purged-of-libertarians) Republican Party agree wholeheartedly that it's all about freedom of religion and not freedom from religion, a concept conspicuously absent from the annual* presidential proclamation. Go figure (or go pray, as the case may be).

---

*Speaking of "annual":

I have hereunto set my hand this eleventh day of January, in the year of our Lord two thousand seven...

Have a nice Religious Freedom Day, all you Jews, Muslims, Buddhists and anyone else with a different year-counting chronology.

Which just happens to be today:

As we celebrate his birthday, we are proud that the Nation he helped establish remains free, independent, and true to the ideals of our founding. Today, the United States of America is the world's foremost champion of liberty, moving forward with confidence and strength, and an example to the world of what free people can achieve.

So declares President Bush, in yet another one of government's silly "This-and-That Day" or "Such-and-Such Week" or "National Gobbledygook Month."

Of course, what is completely absent from Bush's proclamation is any reference to Jefferson's authorship in Virginia, and defense in the young Republic, of the total, inviolate separation of church and state. Not one word.

Go figure.

Jefferson, meanwhile, had lots of words on the subject.

Just when you thought that May 1 couldn't get any worse (i.e., qua "May Day"), it gets worse:

Our Nation is built upon the rule of law and guided by our founding promise of freedom, equality, and justice for all. Law Day is an opportunity to celebrate the Constitution and the laws that protect our rights and liberties and to recognize our responsibility as citizens to uphold the values of a free and just society.
...
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, in accordance with Public Law 87-20, as amended, do hereby proclaim May 1, 2007,* as Law Day, U.S.A.

I call upon all the people of the United States to observe this day with appropriate ceremonies and activities. I also call upon Government officials to display the flag of the United States in support of this national observance.

So let's review this Administration's respect for "Law Day" --

--Politically motivated firings of apolitical United States Attorneys.

--Warrantless spying on American citizens on American soil.

--An unrelenting and unrepetant war against the separation of church and state.

--A ceaseless celebration of bigotry and continued calls for fundamentally unequal treatment under law of an insular minority of American citizens.

--Validating the contrived and unconscionable radical social conservative mania over the fiction of "activist judges."

--Eighty-two admittedly innocent detainees (refugees?) stuck at Guantanamo because no country will take them (or — get this — because the U.S. fears that they may be tortured in their home countries). Recall, for perspective, that a principal Warrior on Terror once insisted that everyone in Guantanamo is guilty — especially the ones who commit suicide (with more likely forthcoming).

And that's just the teaser trailer.

It almost makes May Day seem attractive.

More thoughts from Ruth Marcus.

For Discussion: How do you plan to observe Law Day?

*Interesting that the president omitted the usual "Year of Our Lord" nonsense that he usually appends to these gobbledygook proclamations. I guess he figures that his radical Evangelical theocrat friends won't be reading this one. And he's probably right.

Of course, to the Bush Administration and its radical Evangelical theocrat apologists, every day is "Atheists Don't Count Day," but today is the official version:

A prayerful spirit has always been an important part of our national character, and it is a force that has guided the American people, given us strength, and sustained us in moments of joy and in times of challenge.
...
Americans of many faiths and traditions share a common belief that God hears the prayers of His children and shows grace to those who seek Him.
...
The Congress, by Public Law 100-307, as amended, has called on our Nation to reaffirm the role of prayer in our society and to respect the freedom of religion[.]

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim May 3, 2007, as a National Day of Prayer. I ask the citizens of our Nation to give thanks, each according to his or her own faith, for the freedoms and blessings we have received and for God's continued guidance, comfort, and protection. I invite all Americans to join in observing this day with appropriate programs, ceremonies, and activities.

Except for the atheists, who should just stay home and shut up.

This Administration has been relentless in both its war against "freedom from religion" and its eagerness to create second-class citizens in America.

National Atheists Don't Count Day is a all-too-common skirmish on both fronts.

More thoughts from Americans United.

UPDATE: More anti-atheist bigotry from the president here.

So says President Bush, in another one of those silly proclamations that all presidents issue:

The guidance and unconditional love of parents help create a nurturing environment so children can grow and reach their full potential. Parents work to impart to their children the strength and determination to follow their dreams and the courage to do what is right. They shape the character of their children by sharing their wisdom and setting a positive example. As role models, parents also instill the values and principles that help prepare children to be responsible adults and good citizens.

Sounds innocuous enough.

My Administration is committed to strengthening American families by supporting Federal, State, and faith-based and community programs that promote healthy marriages and responsible parenting.

But of course only healthy heterosexual marriages. To this president and the theocratic bigots who constitute (what's left of) his base, "healthy" presumes heterosexual, and "responsible parenting" presumes a mother and a father, to the exclusion of any other arrangement.

The notion that non-Ward-and-June families ought also to be "strengthened," or that non-Ozzie-and-Harriet marriages ought also to be "promoted," or that parents such as, say, Mary Cheney, ought also to be praised today, would all be abominations to this president and his supporters who embrace these sort of warm fuzzy feeling proclamations.

So much for happy days...

I suppose it's marginally better than May Day:

America trusts in the abiding power of prayer and asks for the wisdom to discern God's will in times of joy and of trial. As we observe this National Day of Prayer, we recognize our dependence on the Almighty, we thank Him for the many blessings He has bestowed upon us, and we put our country's future in His hands.

From our Nation's humble beginnings, prayer has guided our leaders and played a vital role in the life and history of the United States. Americans of many different faiths share the profound conviction that God listens to the voice of His children and pours His grace upon those who seek Him in prayer. By surrendering our lives to our loving Father, we learn to serve His eternal purposes, and we are strengthened, refreshed, and ready for all that may come.
...
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim May 1, 2008, as a National Day of Prayer. I ask the citizens of our Nation to give thanks, each according to his or her own faith, for the freedoms and blessings we have received and for God's continued guidance, comfort, and protection. I invite all Americans to join in observing this day with appropriate programs, ceremonies, and activities.

Would it have been so damnable (either figuratively or literally, depending on your particular form of mysticism) to toss in a "many" or "most" here and there?

For example:

Much of America trusts in the abiding power of prayer and many Americans ask for the wisdom to discern God's will in times of joy and of trial. As we Jews and Christians observe this National Day of Prayer, we they recognize our their dependence on the Almighty, we they thank Him for the many blessings He has bestowed upon us them, and we they put their hope for our country's future in His hands.

From our Nation's humble beginnings, private prayer has guided several of our leaders and, coupled with a perpetual and sacred commitment to the separation of religion and government, played a vital role in the life and history of the United States. While America is now and has always been a country also for Muslims, Buddhists, Hindus and other less common beliefs, Americans of many different faiths share the profound conviction that God listens to the voice of His children and pours His grace upon those who seek Him in prayer. By surrendering our their lives to our their loving Father, we they learn to serve His eternal purposes, and we they are strengthened, refreshed, and ready for all that may come.
...
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim May 1, 2008, as a National Day of Prayer. I ask the religious citizens of our Nation to give thanks, each according to his or her own faith or other moral code, for the freedoms and blessings we have received and for God's continued guidance, comfort, and protection. I invite all Americans to join in observing this day with appropriate programs, ceremonies, and activities.

Notice that I'm not even playing the atheist card -- just the non-Judeo-Christian card.

But I suppose even that's too much to ask from our Theocrat-in-Chief.

Last year's post here. More thoughts from Americans United.