Filed under: First Amendment

Teacher Union Contracts

The Supreme Court's failure to apply the First Amendment for its intended purposes destroyed the perimeters necessary to protect society from morally incompetent teachers.  Statewide laws, enabling tenure guarantees for unqualified teachers, crept silently into legislation for lower-level public schools beginning in the early 1970s.  Only seven states have rejected such laws.  The leftist NEA union advantage of control continues, however, without tenure laws in those seven states.

 

Two paragraphs for teacher contracts demanded by NEA unions are the root of the problem.  These controlling paragraphs may be found in the contract between the NEA union (or its state affiliate) and the local school board or in the state public sector collective bargaining laws.  One paragraph provides teacher tenure, which makes it virtually impossible to fire a teacher.  There is also a confidentiality paragraph, making it a crime for school administrators to disclose the reason(s) for dismissing a teacher without advanced approval--a very costly and lengthy procedure.  If the citizens are not permitted by law to be informed, their political support, so desperately needed by the superintendent in order to fire a bad teacher, is successfully silenced.

 

"Precisely because of the obvious potential for abuse, even labor union advocates like AFL-CIO President George Meany and Franklin D. Roosevelt viewed unionization of the public employees as unthinkable."*

 

In March 2008, harsh debate in the Iowa legislature brought this problem to the public's attention.  Radicals, whose elections were advanced by large sums of campaign money received from outside the state, were pushing for changes in the public sector collective bargaining law.  A section making it even harder to fire harmful teachers caused "grave concerns" among school administrators.  "Margaret Buckton, chief lobbyist for the Iowa Association of School Boards, says [arbitration] adjudicators have tended to rule in favor of the teachers."  As the teachers' bargaining rights law now stands, "Attempts to remove a teacher can last years and cost hundreds of thousand of dollars."**

 

Any force that makes it impossible for the school administrator to be in control and implement the citizen consensus for values is, by definition, fascistic and advances the consequences of fascism.  It was this ever-present threat, and its consequent tyranny of the mind, that prompted elected representatives in the individual states to require that curbs be placed upon government employees via the First Amendment and the federal Constitution.

 

*Peter Brimelow and Leslie Spencer, "How the National Education Association Corrupts Our Public Schools," Forbes magazine, June 7, 1993.

*Dan Gearin, "Schools Concerned with Union Bargaining Bill," The Tribune (Ames, IA), March 27, 2008, B4.

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Exegesis of the Constitution

 

The importance of firmness in retaining the original meaning of the Constitution for judiciary, legislative and administrative separation merits repeated emphasis.  The duty of unelected judges is to settle disputes based upon the Constitution and Precedents consistent with the Constitution.  Responding to the question, "Is there a role for politics in our judicial system?" Atonin Scalia, who has now served for over twenty years on the Supreme Court, said:  "The absolute worst violation of a judge's oath is to decide a case based on a partisan principle or philosophical basis, rather than what the law [states]."*

 

Prior to the Everson v. Board of Education decision in 1947, the First Amendment protected religious liberty.  Liberals going to court to get the Ten Commandments removed from public property would have been wasting their time.  A disruptive student who objects to the statement "Jesus is the reason for the season" on t-shirts in the public school would not have threatened a lawsuit.  The force of government was on the side of the people's civic right to use their institutions, including public education, to proclaim belief in the nonsectarian God of creation.

 

The First Amendment upholds the unalienable right of the people to share their religious beliefs and make comparisons.  With this knowledge they can then choose what appears to be best.  This competition between the religions strengthens the Higher Authority "government of laws, and not of men" consensus among voters.

 

"On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed" (June 12, 1823, Thomas Jefferson, Autobiography Notes on the State of Virginia, Public and Private Papers, Addresses and Letters, New York: The Library of American, 1984).

 

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*V.P. Price "Are There Too Many Lawyers?" Parade, September 14, 2008, 9.

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America's Civic Religion in Light of Congress

Even Congress has recognized that America has a civic religion. 

 

Presidents, as well as many other citizens, attended church services held on Sundays in the United States Capitol building.  President Thomas Jefferson, "during his whole administration, 1801-1809, was a most regular church attendant," documents James H. Hutson in Religion and the Founding of the American Republic.  Ministers of several Christian denominations conducted the services.  Honoring the nonsectarian God of creation in public and on government property is an important manifestation of civic faith.  In addition to attending church services in the Capitol building, Thomas Jefferson made significant financial contributions to that ministry.

 

"After the Civil War, from 1865-1868, the House of Representatives in Washington, D.C., permitted the newly organized First Congregational Church of Washington to use its chambers for church and Sunday school services.  During that same time, specifically on June 13, 1866, Congress passed the Fourteenth Amendment which, according to some later judicial foolishness, forbids religious activities on public property."*

 

Addressing Congress, Benjamin Rush, signer of the Declaration of Independence, proclaimed:  "I anticipate nothing but suffering to the human race while the present systems of paganism, deism and atheism prevail in the world."**

 

English language Bibles had to be imported from England until 1782 when Congress authorized Robert Aitken to commence the first American printing of the Bible in English.   Aitken was also the official printer of the Journals of Congress for the United States Congress.  The following year, George Washington wrote a letter of commendation to Robert Aitken for his "Bible of the American Revolution."***

 

On September 25, 1789, Congress requested unanimously that President Washington proclaim a national day of thanksgiving and prayer.  This is the same Congress that on the same day approved the final draft of the First Amendment to protect the people's rights to religious freedom from suppression by government administrators, judges and legislators.  President Washington proclaimed on October 3, 1798:  "Whereas it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor…  Now, therefore, I do recommend… that we may then all unite in rendering unto Him our sincere and humble thanks for His kind care and protection of the people of this country previous to their becoming a nation; for the signal and manifold mercies and the favorable interpositions of His providence in the course and conclusion of the late war; for the great degree of tranquility, union and plenty which we have since enjoyed; for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national one now lately instituted; for the civil and religious liberty with which we are blessed…  And also that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations, and beseech Him to pardon our national and other transgressions… And to promote the knowledge and practice of true religion and virtue."****

 

In 1954, Congress ordered that "a room with facilities for prayer and meditation…" be made available in the United States Capitol.  The seventh edition of The Capitol, an official publication of the United States Congress, describes the stained-glass window of the Congressional Prayer Room:

 

"The history that gives this room its inspirational lift is centered in the stained glass window.  George Washington kneeling in prayer… is the focus of the composition…  Behind Washington a prayer is etched:  'Preserve me, O God, for in Thee I put my trust,' the first verse of the sixteenth Psalm.  There are upper and lower medallions representing the two sides of the Great Seal of the United States.  On these are inscribed the phrases:  annuit coeptis--'God has favored our undertakings'--and novas order seclorum--'A new order of the ages is born.'  Under the upper medallion is the phrase from Lincoln's immortal Gettysburg Address, 'This Nation under God'…  The two lower corners of the window each show the Holy Scriptures, an open book and a candle, signifying the light from God's law, 'Thy Word is a lamp unto my feet and a light unto my path' [Psalm 119:105]."*****

 

A primary duty of government officials and most certainly the duty of professors and teachers whose salaries are funded by taxpayers is to promote the liberating principles of the nonsectarian American civic creed that has been discussed in this and earlier blog posts.

 

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*James H. Hutson, Religion and the Founding of the American Republic, Washington, DC: Library of Congress, 1998, 84.  The entire book is available at lastingsuccessedu.org

**Benjamin Rush, Annals of Congress 1834, vol. I (September 25, 1789), 949-50.

***http://www.greatsite.com/timeline-english-bible-history/

and

http://www.greatsite.com/timeline-english-bible-history/colonial-bibles.html

****http://lcweb2.loc.gov/ammem/GW/gw004.html

*****http://www.wallbuilders.com/downloads/newsletter/H.Res.888.pdf

 

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Thanksgiving and the First Amendment

On September 25, 1789, Congress requested unanimously that President Washington proclaim a national day of thanksgiving and prayer. This is the same Congress that on the same day approved the final draft of the First Amendment to protect the people’s rights to religious freedom from suppression by government administrators, judges, or legislators.

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President Washington proclaimed on October 3, 1798: “Whereas it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor …  Now, therefore, I do recommend … that we may then all unite in rendering unto Him our sincere and humble thanks for His kind care and protection of the people of this country ... for the civil and religious liberty with which we are blessed  ...

And also that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations.”

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The President’s proclamation included,

 “ ... and beseech Him to pardon our national and other transgressions ... to promote the knowledge and practice of true religion and virtue.”

 

(Jared Sparks, ed., The Writings of George Washington, vol. 12, Boston:  Ferdinand Andrews, 1838, p. 119-20, www.forbes.house.gov/uploadedfiles/Footnoted397.pdf) 

 

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