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Chinn: A Civics Lesson for All of Us

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iba-chinn-scott“Do you trust the courts to be an effective check on the executive and legislative branches given your view that the protections of the 4th and 5th Amendments have been inadequate to stop the creation of a ‘National Surveillance State’,” I asked.

“While we don’t think that Congress should pass a so-called ‘superstatute’ that preempts other federal and state laws establishing protections for individuals against the government and private actors, we do think that Congress, and not the courts, should take the leading role on balancing the competing interests at stake in the National Security State – for example, by curbing the reach of the Patriot Act,” responded the constitutional expert.

The setting was a classroom at George Mason University in Fairfax, Virginia on April 30. The event was the national finals of the We the People Competition, sponsored by the Center for Civic Education. I was a judge for that competition. The constitutional expert was a high school student from one of the 49 jurisdictions represented at the competition (47 states, the District of Columbia, and the Northern Mariana Islands).

So let’s start there – that this high school student, representing a panel of four students assigned to the topic of “Twenty-first Century Challenges to American Constitutional Democracy” was more articulate on the issue than most of the lawyers I know. And through the course of my two days judging the student panels, it is fair to say that this knowledgeable student wasn’t alone. Many of his peers from across the country met and exceeded what we would think even most enlightened Americans would know about the Constitution, the principles it is based on, and its historical application. Being a judge for a competition like this is one of the best things you’ll ever do to promote your faith in America and its values. (The other one is to take part in or observe a naturalization ceremony.)

For an appeal to your home state pride, you should know that the Indiana team (from Munster High School) finished a lofty fifth out of the 56 teams participating. Because they made it to the final round, they competed in a Congressional hearing room at the U.S. Capitol. Indiana has a strong network of We the People teams and the Indiana Bar Foundation coordinates this and other civic education programs around the state.

But there is something even more challenging on the horizon for civic education than the competition itself. You guessed it: funding. There is probably more money spent copying the paperwork for the Defense Reauthorization Act (seriously . . . it is $662 Billion in 2012) than it would take to fund every well-known civic education program in the country. Yet federal funding has been cut for civic education in recent years. (Next time someone tells you Congressional earmarks are always bad, think about losing the ones supporting civic education.) This has led to canceled and diminished programs and has also led to competition among civic education providers for precious grant dollars. Competitive grant funding may make sense for encouraging the development of the best ideas in new spheres or in ones needing reform. But does that really fit civics education? Don’t we want more organizations teaching more kids the things that renew American Democracy?

The American Bar Association too has a major commitment to promoting civic education, having established the ABA Commission on Civic Education in the Nation’s Schools in 2010. My sense is that this Commission is also caught up in the debates over funding. I respectfully submit that the Commission’s special advisor, former Supreme Court Justice Sandra Day O’Connor, is wrong when she excuses federal and state law makers for budget cuts to civic education programs arguing that civic educators should be doing more with less. I think we should challenge ourselves to do more with less, but that we should also just have more to do more with.

Above, I said that judging high school civic competitors and attending naturalization ceremonies were the two most affirming things to promote your faith in American values. The third, in my book, is a combination of the first two — judging high school civics competitors who are first-generation children of immigrants on a constitutional question regarding immigration. I got to do that over the national finals weekend. It was just one part of my civics lesson.•

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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