Filed under: Grand Jury

Part I: Government

American Principle Eleven (Part I)

 

Government and Union Monopolies Involving Education

Or Religion Are Prohibited--For Liberty's Sake


"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a 'redress of grievances.'"

First Amendment, Constitution of the United States

 

 

The delegates to the Constitutional Convention were concerned about the use of government power by what Thomas Jefferson called "Tyrants of the Mind."  Instead of government being the servant of the people, tyrants override the people's authority and gradually take control of what schools teach.  The family and the teaching of American history become early victims.  Students are dumbed down.  Secular open-minded morality and class envy divide families and communities.  Fellow travelers in the judiciary reject the historical application of First Amendment law.  In later chapters we document the inroads of harmful law.

 

Government-sanctioned teacher tenure guarantees are a violation of the First Amendment.  Privileged government teachers lead toward the same devastating consequences as the government-sanctioned church imposed on medieval Europe.  Experience with tyrants of the mind is the reason for the First Amendment.

 

Tyrants of the mind are bullies.  The creation of fear enables the few to overpower school administrators hired by the people to run schools in the public interest.  The weapons used include bad-mouthing and the ruin of the reputations of good administrators and teachers who dare to challenge leftist "politically correct" militants.

 

Editors of the book Speeches That Changed the World started with the Ten Commandments (Exodus 20:1-17) and Christ's Sermon on the Mount (Matthew 5-7).  These editors recognized the good that believers have contributed to society and the superior quality of the Bible as literature.  Speeches That Changed the World included speeches by two Darwinian evolutionists, Adolf Hitler and Joseph Stalin.  Their leadership did influence the world.  The murder of millions of innocent people demonstrates the depths to which the open-mindedness of Darwin's God-rejecting Origin of the Species dogma can take men.

 

As always happens, those who reject the envelope of the life-enhancing "Laws of Nature and of Nature's God" eventually self-destruct.  The problem now in America is the damage being done to the minds of millions of our youth who will soon be leaders.

 

"Educators have recognized the processes by which thought and behavioral patterns acquired in youth become the basis for adult motivation.  In modern times thoughtful observers have become progressively aware that moral, social, and political concepts implanted during the time of mental immaturity not only participate in the conduct of later life, but, once acquired, such concepts become dominant and often unalterable in the adult" (Grand Jury study of problems in higher education for the Eleventh Judicial District of Iowa, chaired by David A. Norris).

 

"The first national study of four common sexually transmitted diseases among girls and young women has found that one in four [is] infected with at least one of the diseases, U.S. health officials reported Tuesday" (Lawrence K. Altman, New York Times, March 11, 2008).  One in four U.S. teenage girls have STDs.  The diseases, which are infections caused by bacteria, viruses and parasites, can produce acute symptoms… and potentially fatal pregnancy… and cervical cancer.  The two most common sexually transmitted diseases, or STDs, among all the participants tested were HPB at 18 percent, and chlamydia at 4 percent, according to the analysis portion of the National Health and Nutrition Examination Survey.

 

An honest evolutionist: "Evolution is unproved and unprovable.  We believe it only because the only alternative is special creation which is unthinkable" (Sir Arthur Keith, citation in Wallie A. Criswell's Did Man Just Happen?, Grand Rapids MI: Zondervan, 1973).

 

Education worthy of the name will emphasize that the president, congress and the judiciary are servants of, by and for the people who are the sovereigns under creation's God.

 

 

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Part I: Government

American Principle Seven (Part II)

 

The Moral Duties Of Civility Are Also a Predicate

For Interpreting Constitutional Meaning

 

"We hold these truths to be self-evident ..."

Declaration of Independence

 

"Tis substantially true that virtue or morality is a necessary spring of popular government.  Who that is a sincere friend to it, can look with Indifference upon attempts to shake the foundation of the fabric?"

George Washington, Farewell Address, 1796

 

 

The Bill of Rights of Massachusetts provides, with clarity, truth learned from Scripture and the laboratory of history: "The happiness of a people and the good order and preservation of civil government essentially depend upon piety, religion, and morality…"  Citizens in four additional states agreed to ratify the Constitution by adopting the same wording for their state's Bill of Rights.

 

Jefferson emphasized justification for taxpayer-funded education: "The first elements of morality too may be instilled in their minds; such as, when further developed as their judgments advance in strength, may teach them how to work out their own greatest happiness, by shewing them that it does not depend on the condition of life in which chance has placed them, but is always the result of a good conscience, good health, occupation, and freedom in all just pursuits" (Thomas Jefferson, Notes on the State of Virginia, 1782).

 

The Grand Jury for the 11th Judicial District of Iowa investigated problems in higher education.  Their Presentment was adopted unanimously December 23, 1968: "In the field of morality all basic truths have been apprehended.  All the changing conditions we hear so much about [the charm of immoral practices] do not affect [negate] the validity or applicability of the central directives of human conduct.  These truths are demonstrable in terms of benefits and as to how it is that those who disregard them fall easily into alien pitfalls of Fascism, lawlessness, drug addiction, etc.  There is no greater contribution a teaching institution can make to human progress and purpose than to endow students at all levels with this knowledge."

 

The few teachers who are militantly opposed to the "Laws of Nature and of Nature's God" and limited government, present their dogma with godly charm and the promises of an easier life.  Why is secular Political Correctness so dangerous?  Those who disagree, the good teacher majority and students, dare not present data that disproves what is being taught.  Those who do so are victimized by any number of charges… bigotry, unconcern for the destitute, diversity-hating, whatever.  Consequently, students are not taught about the standards of morality that make self-government, prosperity and liberty possible.

 

What is the price?  Alexander Solzhenitsyn, in his Templeton Address, said: "More than a half century ago, while I was still a child, I recall hearing a number of older people offer the following explanation for the great disasters that had befallen Russia: 'Men have forgotten God: that's why all this has happened.' Since then I have spent well-nigh fifty years working on the history of our Revolution; in the process I have read hundreds of books, collected hundreds of personal testimonies, and have already contributed eight volumes of my own toward the effort of clearing away the rubble left by upheaval.  But if I were asked today to formulate as concisely as possible the main cause of the ruinous Revolution that swallowed up some sixty million of our people, I could not put it more accurately than to repeat: 'Men have forgotten God; that's why all this has happened'" (Alexander Solzhenitsyn, Men Have Forgotten God, The Templeton Address, 1983, in National Review, July 22, 1983, 873, quote from David A. Noebel, Understanding the Times, 247-8).

 

The solution requires restoring the intent and meaning of the Bill of Rights that will restore the parents' freedom to choose from among schools that must compete for students.

 

 

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Part I: Government

American Principle Five

 

Liberty--From Oppression By Big Government

and Nongovernment Authoritarians--Is Vital

 

"unalienable Rights, that among these are … liberty."

Declaration of Independence

 

 

"Liberty and life are the gratuitous gifts of heaven.  I shall certainly be excused from adducing any formal arguments to evince, that life, and whatever is necessary for the safest of life, are the natural rights of man.  Some things are so difficult; others are so plain, that they cannot be proved" (Supreme Court Justice James Wilson, Lectures, delivered in the College of Philadelphia, 1790-1791).

 

Liberty, in the context of the Declaration of Independence and Preamble to the Constitution, means freedom from government activity that would undermine the development of citizen self-reliance.  Not only must those in the judicial branch of government support the meaning and intent of the Constitution for God-honoring education curriculum, the people's money should not be used to buy political advantage.  When politicians continually manage to have welfare payments given to healthy people when jobs remain available, they are promoting a growing block of dependent citizens within the population.  Once reduced to dependence on government, the fiscal and sociological consequences to society become permanent.  These people soon figure out that by electing liberals, they can become work-free.  Helping those who are incapable for reasons beyond their control is, of course, man's duty and beneficial to all.

 

"Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are a gift of God?  That they are not violated but with His wrath?  Indeed I tremble for my country when I reflect that God is just:  that His justice cannot sleep forever" (Thomas Jefferson, Notes on Virginia Q.XVIII, 1782. ME 2:227).  Thomas Jefferson was the principal author of the Declaration of Independence and third President of the United States.

 

The Constitution, starting with We the people, was designed to identify and remove authoritarian cheats from power in government.  Many of those cheats remain unpunished, but, in the recent past, one president of the United States was forced to resign because of dishonest claims.  Another president was required to testify before a citizen grand jury and later found to be guilty of perjury (telling lies under oath) and obstruction of justice, and was impeached by the House of Representatives.  This only works when all men are equal in the sight of God and the law, and when the laws reflect justice.

 

Leaders are important, but leaders must be held accountable to the judgment of the people.

 

 

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Introduction I

The 2012 first edition blog of the above book picked up over 9,000 repeat users.  Directly and indirectly, we were able to answer several hundred questions.  Encouraging responses came from many.  Perhaps the most exciting was an email from Judge Robert Bork's secretary.  

 

As reported in the Ames (Iowa) Tribune, a March, 2008 legislative proposal for union contract negotiators that would make it even harder to fire harmful teachers caused "grave concerns" among school administrators.  Margaret Buckton, chief lobbyist for the Iowa Association of School Boards, said, "Attempts to remove a teacher can last years and cost hundreds of thousands of dollars."  "Grave concerns" is right.  Documented in the Restoring Education Central to American Greatness book, a significantly higher percentage of public school teachers send their children to private schools than do non-teacher parents.  They see the harmful impact that secular absolutism is having upon students' minds and values.  Power-hungry ideologues are now soliciting and ruining a new generation of Americans "with words calculated to destroy the youthful faith in their heritage" (Grand Jury Presentment, 11th Judicial District in and for Story County, Iowa, December, 1968).  Undoubtedly, restoring education central to American greatness is now the greatest singular need in America.

 

The Founding Fathers knew from history that centralized power left unchecked leads to tyranny.  They instituted the Second Amendment to keep guns in the hands of the general public to discourage the use of guns by radical politicians, but this does not keep them from being habitual truth-trashers.

 

To justify taxpayer funding, American history and the Judeo-Christian influence upon the Founding Fathers must be unabashedly taught.  Only with this knowledge can new generations of Americans identify truth-trashers and prevent the deceptive advance of oppressive government.  Those demanding curriculum diversity that undermines the absolutes gleaned from history (traditional American foundations) can pay for their own schools and seek a following, just as must other separatist groups.  The demand of traditionalists is based upon the justification for any education tax being placed upon Americans in the FIRST PLACE.  No other argument is needed, but it must be firmly and uncompromisingly imposed.  "A house divided against itself cannot stand" (Abraham Lincoln, June 16, 1858).  A nation cannot survive if its citizens continue to fund revisionist morality and anti-American rhetoric masquerading as education.

 

Subjects Covered By

Restoring Education Central to American Greatness

 

Part I: Government

Chapter 1

  • Immortal Principles Central to Liberty and American Greatness

Chapter 2

  • The Sovereignty of Man under the Impartial God of Creation over Government

Chapter 3

  • Man May Prosper in Freedom If He Chooses to Honor the Will of Creation’s God

Chapter 4

  • America’s Civic Religion and the Deeper Personal Faith of Our Nation’s Founders

Chapter 5

  • Government by Written and Permanent Law

Chapter 6

  • Defilement of the Judiciary

 

Part II: Education

Chapter 7

  • Academic Freedom and Teacher Tenure History

Chapter 8 

  • Consequences of the Unionization of Government Teachers

Chapter 9

  • The Education Nightmare

Chapter 10

  • Education That Is Profoundly American

 

Part III: Liberty and Responsibility

Chapter 11

  • Appeasement Will Not Work

Chapter 12

  • Our Strategy for Victory: Political Action—Citizen Power

 

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State of Iowa Bill of Rights II

This law follows the right to life and liberty from government oppression, principles of the Declaration of Independence.

 

Protection of the citizens from authoritarian judges depends upon preserving the intent of the law in the matter of unalienable citizen rights.  This depends upon discontinuation of fascistic tenure guarantees that empower leftist law professors to prevent the school administrators from controlling what is taught to those who may later become judges.

 

Twice tried--bail. SECTION 12. No person shall after acquittal, be tried for the same offense.  All persons shall, before conviction, be bailable, by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great.

Habeas corpus. SECTION 13. The writ of habeas corpus shall not be suspended, or refused when application is made as required by law, unless in case of rebellion, or invasion the public safety may require it.

Military. SECTION 14. The military shall be subordinate to the civil power.  No standing army shall be kept up by the state in time of peace; and in time of war, no appropriation for a standing army shall be for a longer time than two years.

Quartering soldiers. SECTION 15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law.

Treason. SECTION 16. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort.  No person shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confession in an open court.

Bail--punishments. SECTION 17. Excessive bail shall not be required; excessive fines shall not be imposed, and cruel and unusual punishment shall not be inflicted.

Eminent domain--drainage ditches and levees. SECTION 18. Private property shall not be taken for public use without just compensation first being made, or secured to be made to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken.

The general assembly, however, may pass laws permitting the owners of lands to construct drains, ditches, and levees for agricultural, sanitary or mining purposes across the lands of others, and provide for the organization of drainage districts, vest the proper authorities with power to construct and maintain levees, drains and ditches and to keep in repair all drains, ditches, and levees heretofore constructed under the laws of the state, by special assessments upon the property benefited thereby.   The general assembly may provide by law for the condemnation of such real estate as shall be necessary for the construction and maintenance of such drains, ditches and levees, and prescribe the method of making such condemnation.  Paragraph 2 added 1908, Amendment [13].

Imprisonment for debt. SECTION 19.  No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud; and no person shall be imprisoned for a militia fine in time of peace.

Right of assemblage--petition. SECTION 20.  The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their representatives and to petition for a redress of grievances.

Attainder--ex post facto law--obligation of contract. SECTION 21.  No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.  Referred to in S12E.11, 16.2 of the Code.

Resident aliens. SECTION 22.  Foreigners who are, or may hereafter become residents of this state, shall enjoy the same rights in respect to the possession, enjoyment and descent of property, as native born citizens.

Slavery--penal servitude. SECTION 23.  There shall be no slavery in this state; nor shall there be involuntary servitude, unless for the punishment of crime.

Agricultural leases. SECTION 24.  No lease or grant of agricultural lands, reserving any rent, or service of any kind, shall be valid for a longer period than twenty years.  Referred to in S461A.25 of the Code.

Rights reserved. SECTION 25.  This enumeration of rights shall not be construed to impair or deny others, retained by the people.

 

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State of Iowa Bill of Rights I

This law follows the right to life and liberty from government oppression, principles of the Declaration of Independence.

 

Protection of the citizens from authoritarian judges depends upon preserving the intent of the law in the matter of unalienable citizen rights.  This depends upon discontinuation of fascistic tenure guarantees that empower leftist law professors to prevent the school administrators from controlling what is taught to those who may later become judges.

 

Preamble.  WE THE PEOPLE OF THE STATE OF IOWA, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows:

 

ARTICLE I. BILL OF RIGHTS.

Rights of persons. SECTION 1. All men and women are, by nature, free and equal, and have certain inalienable rights--among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.  Amended 1998, Amendment [45].

Political power. SECTION 2. All political power is inherent in the people.  Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.

Religion. SECTION 3. The general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister, or ministry.

Religious test--witnesses. SECTION 4. No religious test shall be required as a qualification for any office, or public trust, and no person shall be deprived of any of his rights, privileges, or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion; and any party to any judicial proceeding shall have the right to use as a witness, or take the testimony of, any other person not disqualified on account of interest, who may be cognizant of any fact material to the case; and parties to suits may be witnesses, as provided by law. Referred to in S729.1 of the Code.

Dueling. SECTION 5. Repealed 1992, Amendment [43].

Laws uniform. SECTION 6. All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.

Liberty of speech and press. SECTION 7. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right.  No law shall be passed to restrain or abridge the liberty of speech, or of the press.  In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous was true, and was published with good motives and for justifiable ends, the party shall be acquitted.

Personal security--searches and seizures. SECTION 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.

Right of trial by jury--due process of law. SECTION 9. The right of trial by jury shall remain inviolate; but the general assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law.  See also R.Cr.P. 2.17, 2.21(2), 2.67; R.C.P. 1.902, 1.903, 1.1108.

Rights of persons accused. SECTION 10. In all criminal prosecutions, and in cases involving the life, or liberty of an individual the accused shall have a right to a speedy and public trail by an impartial jury; to be informed of the accusation against him, to have a copy of the same when demanded; to be confronted with the witnesses against him; to have compulsory process for his witnesses; and, to have the assistance of counsel. See S602.1601 of the Code.

When indictment necessary--grand jury.  SECTION 11. All offenses less than felony and in which the maximum permissible imprisonment does not exceed thirty days shall be tried summarily before an officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendant the right to appeal; and no person shall be held to answer for any higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the army, or navy, or in the militia, when in actual service, in time of war or public danger.

The grand jury may consist of any number of members not less than five, nor more than fifteen, as the general assembly may by law provide, or the general assembly may provide for holding persons to answer for any criminal offense without the intervention of a grand jury.  Paragraph 2 added 1884, Amendment [9]; Paragraph 1 amended 1998, Amendment [46]; As to indictment and the number of grand jurors, see R.Cr.P.2.3, 2.4; Magistrate jurisdiction, see S602.6405 of the Code.

 

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Capitol Building of the State of Iowa

Des Moines, Iowa

 

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Responsible Citizen Self-rule and Liberty

By placing their faith in the principles advanced by creation's God for education, Americans achieved liberty from brutal rulers and the history of big government.

 

Benjamin Franklin, a delegate from Pennsylvania to the second Continental Congress and signer of the Constitution of the United States, wrote this in his Articles of Belief:  "I believe there is one supreme, most perfect Being…  Also when I stretch my imagination through and beyond our system of planets, beyond the visible fixed stars themselves, into that space that is [in] every way infinite, and conceive it filled with suns like ours, each with a chorus of worlds forever moving around him…  That I may be preserved from atheism . . . Help me, O Father!... For all thy innumerable benefits; for life, and reason… my good God, I thank thee!"*

John Quincy Adams, America's sixth president:  "The law given from Sinai was civil and municipal as well as a moral and religious code; it contained many statutes… of universal application--laws essential to the existence of men in society [of the United States], and most of which have been enacted by every nation which ever professed any code of laws."**

To justify taxpayer-funded education, instruction must detail the civil and moral absolutes found in the Ten Commandments but rightly avoid controversy of religious codes that are the domain of church denominations.  The depth of spiritual conviction of these absolutes is spelled out in the Creator-based Declaration of Independence, religious liberty (First Amendment), and the Bill of [human] Rights law.  Citizen equality as sovereigns under God over government is demonstrated when randomly chosen citizens serve as the supreme court for judgment of guilt or innocence in criminal trials conducted by government officials.  The above values are the design, and the Constitution is the tool to implement that design.

 

The preamble to the Constitution, "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare [meaning common needs that do not conflict with or hamper the development of the work ethic and personal self-reliance], and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

 

"Our investigation indicates that the main reason for youthful rebellion and the attitude of carelessness in student morals is their loss of confidence in the wisdom embedded in their heritage.  Failure to dearly implant these truths detaches future generations from past experience, the very basis of education" (Grand Jury Presentment, 1968-69, Problems in Higher Education, the Eleventh Judicial of Iowa).

 

First-amendment-rated-e-for-everyone-225x300

*http://www.revolutionary-war-and-beyond.com/ben-franklin-quotes-1.html

**http://quotes.practicalmanliness.com/john-quincy-adams/138/

 

 

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The First Amendment is the Most Important Amendment

The most important of all the amendments to our Constitution is the First Amendment:  "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

 

In the 1947 Everson v. Board of Education decision, the Supreme Court majority discarded the principle for control of government by law (government limited by laws instituted by citizen sovereigns).  They displaced it with control of government by man (top down authoritarianism).  Quoting Alexander Hamilton:  "Government is frequently and aptly classed under two descriptions, a government of FORCE [changeable decrees by authoritarian man], and a government of LAWS [governments that derive 'their just powers' from the consent of the governed], the first is the definition of despotism--the last Liberty" (Tully Papers, 1794).  These two approaches to governing society have been at war against one another throughout human history.

 

The Everson v. Board of Education decision clearly compromised "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…" The judges altered the Constitution at the core of its meaning.  Power-hungry judges and politicians, along with fellow travelers in education, the media and monopoly union bosses, are now working overtime.  They are leveraging the judge-created right that empowers liberals to impose government establishment monopoly in public education, preventing the competition of ideas by moral religions.  The power to impose false renditions of truth upon  captive government classrooms and poison youthful minds is being used to confuse, marginalize and rule new generations.

 

"For many years psychologists and educators have recognized the processes by which thought and behavioral patterns acquired in youth become the basis for adult motivation.  In modern times thoughtful observers have become progressively aware that moral, social, and political concepts implanted during the time of mental immaturity not only participate in the conduct of later life, but, once acquired, such concepts become dominant and often unalterable in the adult" (Story County Grand Jury, in and for the 11th Judicial District of Iowa, 1969).

 

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Part Ten: Grand Jury Presentment of "Problems in Higher Education"

Portions of the Presentment of the Grand Jury for the Eleventh Judicial District of Iowa follow, with words added for clarification in brackets.  Supplemental ideas are italicized.

 

End of Presentment II

 

"The 1940 Statement of Principles on Academic Freedom and Tenure by the American Association of University Professors has no legal effect, but the AAUP publicly censures colleges and universities that they believe have violated [their version of] academic freedom.  However, nearly all [not all] of the colleges and universities have adopted this statement or a variation of the statement which is contained in the faculty policy manual of each college or university, and it is incorporated by reference in the employment contract between the university and each individual faculty member."*

 

The penetrating damage imposed because of tenure laws sheltering radical professors and teachers in the soft sciences must be [reversed].  The authority of taxpayer/parents to control what is taught in government institutions must be restored.  By routing education revenues directly to the parents or guardians, sanity will be restored to education.  The many thousands of honest and morally upright teachers will again have the unimpeded support of the citizen consensus.  Not only will what is taught be cleaned up, but also competition between education suppliers will reduce the cost [and increase the quality] of public education.

 

The voice in the chorus of concerned citizens is imperative.  What confronts the American family and voter electorate is a test of wills.  School administrators must be able to fire leftist teachers [without spending] years and… tens of thousands of taxpayers' dollars defending education from the [resulting] lawsuits imposed by ACLU lawyers and the imperial arm of radical judges.  To effect change, active citizen involvement in the political process must exceed the determination of those who are using political circumvention to destroy the family and liberty.

 

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*Dr. Ronald B. Standler, "Academic Freedom in the USA," http://www.rbs2.com/afree.htm

 

 

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Part Nine: Grand Jury Presentment of "Problems in Higher Education"

Portions of the Presentment of the Grand Jury for the Eleventh Judicial District of Iowa follow, with words added for clarification in brackets.  Supplemental ideas are italicized.

 

End of Presentment I

 

The purpose of universities was freedom for competition of ideas in search of truth.  What has happened is the advocates of atheistic-secular totalitarianism applied their art and removed competition from the soft sciences.  When citizen control of universities, college, and now virtually all lower-level public schools was hijacked by faculty independence (teachers union mechanization and teacher tenure guarantees), tyranny was bound to follow.  What we now have is tyranny against the moral fiber of our youth and nation.  This is the inevitable result of [imposing] "German graduate methods [faculty independence] onto American campuses in the late nineteenth century… academic freedom became a cause celebrate."

 

At the time of the Grand Jury study, we did not realize the linkage between the American Association of University Professors (AAUP) and what appears to be their prosecution arm, the leftist American Civil Liberties Union (ACLU). The book Freedom in Iowa, published by the Iowa State University Press, promoted the Iowa Civil Liberties Union, bringing this connection to my attention.

 

Teacher employee contracts, structured according to ACLU definitions for academic freedom and tenure, shift the decision-making authority for removing radical teachers away from the president of the university, who is hired by the public to superintend the institution.  It is now the aggressive tenured faculty, not the president, who have control over who teaches and what is taught.  Instead of being an administrator, the university president works full-time quieting campus disputes, promoting campus expansion, and raising money by lobbying alumni and legislators.  Sensing this kind of environment, the US Supreme Court held in a dispute that professors at Yeshiva University in New York City were managerial [administrators], not employees within the meaning of the National Labor Relations Act, and hence the university administrators were not required to bargain with the union that represented the professors.  The Court noted: "Budget requests prepared by the senior professor in each subject area receive the 'perfunctory' approval of the Dean '99 percent' of the time and have never been rejected by the central administration.  The faculty… effectively determine curriculum, grading systems… matriculation standards" (NLRB v. Yeshiva University, 582 F.2d 686, 1978, affd 444 US 672, 1980).

 

The ACLU/AAUP version of academic freedom and tenure that enables radicals to reject the public standards for what is taught and not taught is not a legal concept.  Without the control of the citizens who established the schools and pay the bills, what is taught is wholly dependent upon the internal culture of the faculty at the universities and the government grade schools.  This problem is systemic.

 

Liberty

 

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