An Originalist Reading of Public Schools

Let’s say you went to a restaurant and ordered a big ol’ meat sandwich only to find nothing but straw between two pieces of bread.

“Waiter!” You say, calling over a server.

“What’s wrong, Sir?”

“There’s no meat in my sandwich.”

“Oh, Sir?” He says smiling, examining your plate. “Here at Scalia’s Bar and Grill we adhere to a strict originalist interpretation of language.”

“What does that have to do with my sandwich?”

“Well, Sir, in Old English ‘meat’ meant any solid food, anything other than drink. As in ‘A Journey to the Western Islands of Scotland’ (1775), Samuel Johnson noted, ‘Our guides told us, that the horses could not travel all day without rest or meat.’”

“But that’s not what I ordered!”

“Oh yes it is, Sir. You ordered the meat sandwich. Enjoy your fresh hay and oats.”

In everyday life, you wouldn’t put up with that kind of nonsense.

But for some reason, far right ideologues think it’s exactly the right way to interpret the U.S. Constitution.

The meanings of words change over time.

But ignoring that fact allows disingenuous crackpots to sweep over centuries of judicial precedent in favor of what they pretend to THINK the words meant at the time the law was written.

It’s not even about what the writers of the law SAID it meant. It’s about what today’s justices decide some hypothetical average Joe of the distant past would take certain words to mean.

The most obvious example, according to Pulitzer Prize winning historian Joseph Ellis, is District of Columbia v. Heller, 554 U.S. 570 (2008), which reversed 200 years of precedent on gun regulations.

Before this ruling, the Second Amendment was interpreted to be referring only to service in the militia. The Militia Act of 1792 required each able-bodied male citizen to obtain a firearm (“a good musket or firelock”) so he can participate in the “well regulated militia” the Amendment describes.

It was about the obligation to serve your country, not the right to own a gun. However, Supreme Court Justice Antonin Scalia – the most infamous proponent of judicial originalism – orchestrated the majority opinion in this case changing all that. By doing a thought experiment about what words might have meant in the 1700s, he papered over two centuries of established law. He was so proud of it that he even described it as “my masterpiece.”

THAT’S judicial originalism.

And now that Scalia fanboy and federal judge for not even three whole years, Amy Coney Barrett, is being rammed through Senate Confirmation Hearings, that preposterous ideology is about to have another proponent on the highest court in the land.

Just imagine if we interpreted everything like people living in the 18th Century!

Black people would lose any semblance of equal rights even being forced back into slavery.

Women couldn’t get checking accounts, their own healthcare, make decisions about their own bodies, even vote (least of all hold positions on the Supreme Court).

And our public schools wouldn’t even exist!

After all, there was no widespread, comprehensive system of public education in the country before John Dewey championed it in the 1930s.

Sure, Presidents Washington, Adams, Jefferson and Madison all spoke at length about the importance of education to a free and just democratic society.

But remember, originalists don’t care about the writer’s intent. They only care about what regular people would understand by the terms. And regular people wouldn’t even understand the words “public” and “school” used together as a single concept at the time.

The first school that opened in what would become the United States was The Boston Latin School in 1635.

Its mission, and that of other colonial schools, was not to teach academics like math and literacy. It taught religion, family values and community spirit kind of like many parochial schools today.

Moreover, most schools were for boys only. If they deigned to teach girls at all, they taught them how to read but not write. No reason to give people a voice who weren’t seen as worthy of being heard.

Academics didn’t become something schools were responsible for until the mid-1800s. And even then, how they went about achieving it differed greatly from region to region of the country.

In the South, education rarely had anything to do with anything we’d call a school today. Rich families paid private tutors for their children. Everyone else was expected to work as soon as they were able.

In fact, it wasn’t until the Civil War ended and the Reconstruction era began when public schooling really became a thing in the South.

And even when it did, it didn’t look much like our schools of today. These were often one-room schoolhouses where a single teacher tried to educate children of various ages, grades and abilities.

Moreover, these schools weren’t solely supported by taxes – if at all. These Common Schools were more like private or parochial schools of today. Parents paid tuition, provided housing for the teacher, or contributed other commodities in exchange for their children’s education.

Even then, the learning students received wasn’t nearly as comprehensive as our kids routinely expect in even the most under-funded urban public schools today. And special education services was non-existent. Kids with special needs were routinely left out of education altogether.

Only 31 states passed laws requiring children to go to school by 1900, and kids only went from age 8-14. It wasn’t until 1918 that every state even required elementary school.

But let’s not forget segregation.

It was the law of the land until Brown vs. Board in 1954, and even then it took until the late 1970s to become even moderately enforced.

Subsequent rulings have weakened school integration efforts to such a degree that today many districts are as segregated – if not even more – than they were in the 1950s.

Just imagine if Barrett gets together with the wingnut Republican majority on the court to reevaluate that ruling!

Imagine how many centuries of slow progress she could overturn by appealing to the common man – of 1776.

Imagine if she and the regressive right examined free speech cases! After all, many of these laws were written during the time of the Adams Administration’s Alien and Sedition Acts which radically cracked down on free expression.

We could expect a rush to return to the mire and muck that many of our enlightenment heroes were trying to escape in the first place.

But originalists like Barrett claim only they can interpret what the language in these laws originally meant. Yet their training is in law, not literacy or antiquity. They’re not linguists or historians. They don’t have some shortcut to what people used to mean by these words. They’re just playing with the language to make it mean what they want it to mean so they can rule however they so choose.

Even if they could figure out the original meaning of the words in these laws, that doesn’t guarantee it would make sense in today’s world. How, for example, do the founding fathers views on medicine have anything to do with today’s healthcare system that didn’t exist in the 1700s and that the founders couldn’t even comprehend? How do the founders views on gun rights relate to today’s firearms when they knew only of muskets and not automatic weapons?

Finally, why should we give preference to antiquated ideas over modern concepts? The laws of yesteryear may have been suited to the days in which they were written. However, if a law cannot grow to encompass the world as it exists, it has no right to continue to exist.

Judges are not supposed to overturn precedent based on lingual folderol. They’re supposed to uphold the law based on logic, reason and sound judgement.

Any judge that disagrees has no place in our courts.

It’s ironic that such degeneration would come from the Republican Party.

After all, the GOP platform is certainly different today than it was when Abraham Lincoln was sworn in as their first President.

They used to stand for abolitionism, immigrant rights and progressive values.

Now they’re the party of plutocrat neofascist Christian fundamentalism.

If anything were to revert back to its original meaning, I wish it were the Grand Old Party, which is now neither grand, barely a party and merely old.


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Trump Has COVID. What That Means For Public Schools

It had to happen eventually.

Donald Trump, the ultimate science denier, got bit in the butt by science.

He’s got Coronavirus, and is in Walter Reed National Medical Center fighting for his life.

Apparently the virus isn’t a hoax.

You don’t catch it by testing for it.

You don’t treat it with hydroxychloroquine.

It’s a global pandemic, and the only way to fight something like that is with rationality and logic.

You have to wear a face mask, dumb-ass.

You have to practice social distancing.

You can’t just reopen the economy and pretend that this won’t cost hundreds of thousands of lives.

You can’t steamroll over more than 200,000 Americans lost simply because most are elderly, poor and/or brown skinned. And they don’t matter to you.

Eventually your ethos of pretending to be what a weak man thinks a strong man is evaporates into thin air.

Your entire persona is as fake as your elaborate combover.

The lady’s man who has to pay for sex.

The billionaire who’s broke.

The stable genius who refuses to believe the facts.

And while there is a certain poetic justice in this buffoon getting a taste of his own medicine, its ramifications for our country will be dire indeed.

With only four weeks before the election, no one can predict what the outcome will be politically.

Will he live? Will he die? Will this mean a boost for his opponent Joe Biden? Or will people wrap themselves in the flag and come to his side?

No one knows.

But one thing is undeniable – we cannot continue to live this way.

The reality tv rollercoaster must stop, its constant flood of outrages, disasters and season finale moments!

Being a public school teacher, I see its impact on education most clearly.

Long before Trump went from being a clown to a contender, policymakers tried reforming our schools with only wishful thinking and a marketing plan.

High stakes testing, charter schools, voucher plans, value added measures, Teach for America – whether proposed by Democrats or Republicans, it is all nothing but science denial wrapped in a stock portfolio.

These are the ways Wall Street has cashed in on schools pretending to be saviors while hiding the reality of their vulture capitalism.

And Trump has been no different.

Except that his instrument – billionaire heiress Betsy DeVos – made it harder to deny.

She barely even tried to pretend to be anything other than what she is – an unimaginative opportunist dead set on destroying the public in public schools.

Now that her spray tanned master has – through inaction and ineptitude – unleashed a plague upon the nation, our students are suffering worse than ever.

Many schools are shuttered from sea to shinning sea, their students forced to learn via the Internet.

Others are open part time while trying desperately to make shrinking tax revenues pay for the quantum leap in costs to even pretend to keep people safe in their buildings.

In some places, the adults don’t even do that much and just try to run a full day schedule, rolling the dice as outbreaks appear at every turn.

In a few places, the virus is under control and schools function almost as normal – though the fear that one infected child could change all that sits in class with every student and teacher.

Nowhere is there uniformity.

Nowhere is there consensus.

Nowhere do we all admit the simple truth – in areas of moderate to high infection, online learning is the best that can be done to balance safety with academics.

Instead, leaders deify choice – letting us decide between these different models – without a basic understanding of citizenship, governance or economics.

That, I think, is what must change.

After all, if the virus can reach the most powerful person in the world if he doesn’t take adequate precautions, it can get your kids, too.

So now that Trump is receiving an experimental antibody cocktail that would not be available to you or me to fight the disease, we can no longer pretend that personal choice is the answer to every problem.

Freedom is a wonderful thing and should be preserved as much as possible.

But your freedom ends where mine begins.

Your choice not to wear a mask in public increases the infection rate in my community. Your decision to eat in a restaurant, go to a bar or spend a weekend at an amusement park puts not just you and your family at risk, but me and mine as well.

And if you send your child to a school building in an area of moderate to high infection rates, you are increasing the likelihood that someone I care about will get sick and perhaps die.

We have both rights and responsibilities.

If you live out in the woods all by yourself, you don’t need to constrain your personal freedom. You can do whatever you can get away with.

But if you live in a community – as nearly all of us do – you have to give up some of that freedom to the rest of us.

This is simple civics – something you would have known had our schools not stopped teaching it because it wasn’t on the big annual standardized tests.

Just as many of us would have known about how pandemics work if we hadn’t narrowed the curriculum because science doesn’t count on the test, either.

When all knowledge is only instrumentally important because it will get you a certain score, none of it has value.

Science, logic, critical thinking, empathy – all lost because someone thought they could make more money by removing them.

We can’t do that anymore, either.

We have to respect knowledge. We have to respect each other.

And we have to understand economics instead of being slaves to one stunted view of how they operate.

Economics is about how to best divide resources for the survival of communities. In times of scarcity, there are certain best ways and in times of abundance there are others.

However, we live in a time of abundance but continue to use the rules for scarcity. In fact, we create scarcity just to ensure an antiquated and ineffective distribution of resources.

Those with the most have refused changes that would be best for everyone including themselves. And many of us can’t even think outside of the conceptions of economics we’re propagandized to believe.

This has to stop, too.

A new world is possible. In fact, it is inevitable.

We will either all die on a scorched wreck of a planet that we have systematically destroyed so that a few will live longer and in more luxury than the rest.

Or we will all move forward into a new, better world together.

I know times are hard – harder than they’ve ever been in my lifetime.

But this is what I see in the light shinning through the crack in the maelstrom of nonsense we have been living in lately.

We can all come together and create schools that serve everyone regardless of race, religion, creed, sexuality, gender or difference. We can teach facts, thought, history, science, arts and humanities.

And armed with such tools, we can recreate society in that image.

That is the lesson of Trump’s diagnosis.

You can lie and cheat and steal.

You can fool people into believing that you’re not a liar and a cheat and a thief.

But eventually, the truth will catch up to you.

Politics puts blinders on us. Propaganda inculcates us. And stunted education makes it harder to see what’s really there.

However, reality exists independent of our ability to recognize it.

If we stumble forward blindly for long enough, we will fall into the pit before us – irrespective of whether we recognize it is there or not.

How much better to open our eyes!


 

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I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

R.I.P., R.B.G. – The Lesson She Lived

“I ask no favour for my sex. All I ask of our brethren is that they take their feet off our necks.”

US Supreme Court Justice Ruth Bader Ginsburg

There are few people known for their whole name – first, middle and last.

Even fewer known just for their initials.

And maybe no other white, Jewish, woman in history to be christened with an honorific reminiscent of martyred rap royalty.

But Ruth Bader Ginsburg was all that and more.

R.B.G.

The Notorious R.B.G.

Let it never be said that she was given that title out of public relations or pique.

No matter where you stood, she earned the designation “notorious.” Because she WAS. In nearly everything she did.

Whether it was issuing the dissenting opinion on Bush v. Gore or lifting weights in a blue sweatshirt emblazoned with the words, “SUPER DIVA,” she was in your face and indomitable.

She was an icon, a pioneer, a living piece of “that strength which in old days moved earth and heaven,” as Tennyson might say.

And though she made her most indelible mark as a Supreme Court Justice, in a 2018 documentary about her life, RBG, she said she felt like a teacher:

“I did see myself as kind of a kindergarten teacher in those days, because the judges didn’t think sex-discrimination existed. One of the things I tried to plant in their minds was, ‘Think about how you would like the world to be for your daughters and granddaughters.’”

She did eventually teach law at Columbia University where she enumerated the changes in sexual discrimination litigation throughout her career. While in private practice, she won five cases involving women’s rights before donning the Supreme Court robes. At the time, she was quoted in Time magazine as saying her strategy was to “attack the most pervasive stereotype in the law – that men are independent and women are men’s dependents.”

To live at the same time as such a figure is not that uncommon.

We’re often surprised to read obituaries of great historical heroes we hadn’t known were still alive until their passing.

But that such a model was still WORKING, still doing that for which she had built her reputation, still holding together the fragments of our system as it threatened to crumble! That was truly amazing.

She was there. STILL there. For all of us.

Working well into her 80s through colon cancer, pancreatic cancer and lung cancer.

And now she’s gone.

It’s hard to fathom.

This is the horror story we’d been warned about every election season for as long as I can remember. This is the nightmare scenario used to shepherd the Democratic flock together, to keep us all under one big tent while lightning flashed and thunder raged.

And it is here. Now. Today.

I never met Justice Ginsburg. Never talked with her. Never had the honor.

But I don’t think she accepted being used in this way. After all, if her biggest concern was the Chief Executive or even Congressional politics, she could have stepped down near the end of President Barack Obama’s first term and been replaced.

Or could she?

Perhaps she had to rethink her own retirement plans after the whole Merrick Garland affair when Senate Republicans refused to even discuss Obama’s Supreme Court nominee in the wake of Justice Antonin Scalia’s sudden death a full nine months before the election.

There’s no way to know for sure.

But given Ginsburg’s record of tenacious dissent in the face of injustice, I can’t imagine her counseling moderation as solidarity.

She stood for justice when no one else would.

That’s what she did!

In 2007, her dissent in a case involving Lilly Ledbetter – a supervisor for Goodyear Tires – was so compelling it sparked the passage of the Lilly Ledbetter Fair Pay Act. She literally explained why the court was wrong and that this was a case of discriminating against women in employment, and that led to a change in the law two years later!

In 2013, when the court all but struck down the 1965 Voting Rights Act, her dissent was equal parts logic, prophecy and prescription. The majority of the justices made the bizarre argument that the Voting Right Act – and one of its features, known as “preclearance” – had already solved voter suppression.

Ginsburg responded:

“Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”

When she read the dissent aloud in court, she went beyond her written remarks quoting Dr. Martin Luther King, Jr.: “The arc of the moral universe is long, but it bends toward justice.” Then she added that it only bends that way, “if there is a steadfast commitment to see the task through to completion.”

Her remarks about what would happen in the wake of this decision have largely proven true with waves of voter suppression sweeping the country – especially in areas where this would have been impossible had the court ruled differently.

There’s a lesson here for all of us.

Dissent should not be dismissed as divisive.

In the presence of injustice, it is the only proper response.

When refugee children are being locked away in cages at the border, there is no other viable response than dissent.

When police are being militarized and used as thugs to violently put down largely nonviolent protests, there is no appropriate response other than dissent.

When the President is lying to us, flouting our laws, and Congress refuses to hold him accountable, there is no other response than dissent.

We must all have the courage of the Notorious R.B.G. to stand up against injustice and call it by its true name – even to its face.

This doesn’t necessarily mean that doing so will somehow be enough to dismantle that injustice.

But we have to try.

And even if we don’t succeed today, we will have saved ourselves from becoming a part of the injustice around us.

Just days before her death, Ginsberg told her granddaughter, Clara Spera:

“My most fervent wish is, that I will not be replaced until a new president is installed.”

If Republicans retreat from their own precedent and push through a new justice 47 days or less before the election, there are still things we can do.

We can fight like Hell to get rid of the worst President in American history, Donald J. Trump, and elect Joe Biden. We can vote like our lives depend on it to get a progressive majority in Congress.

And when we win, we increase the number of justices in the Supreme Court and pack them full of progressives.

We undo all the chicanery Republicans have done for decades – end the filibuster, make Puerto Rico and DC states, end gerrymandering and pass a new Voting Rights Act that actually protects the most important principle of our system of government – the one without which our system is nominal at best.

This and more is the dissent we must wage.

They give us injustice, we respond with its opposite.

We must look this fetid, decaying nation in the eye and say with all the ferociousness of our fallen Supreme Court Justice:

I dissent!

I dissent!

I dissent!


 


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I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

The Everyday Exhaustion of Teaching During a Global Pandemic

Teaching is one of the few things in life that is not concerned with now.

It is essentially about the future.

We put all this time and energy into helping kids learn. Why?

Not so that they’ll be able to do anything today. But so that they’ll be able to do things tomorrow.

Sure they may be able to read better or solve math problems, but the reason we want them to know that isn’t so much about what they’ll do with it as adolescents. It’s how those skills will shape the people they grow up to be.

It’s an investment in their future and ours.

We take a bit of today and invest it in tomorrow.


And during a global pandemic that can be especially hard.

The west is on fire. Storms are threatening our southern coasts. Police brutality is out of control and bands of neofascist thugs are given free rein to beat and murder protesters. We’ve separated immigrant families and put their kids in cages. The President has lied to us, disparaged our troops, bragged about breaking countless laws and the government is powerless to stop him. Our political system and social fabric is coming apart at the seams. And everyone from the average Joe to the lawmakers who represent him can’t get up the gumption to take precautions against the killer virus that has already put more Americans in their graves than every war since WWII.

You look at the raging dumpster fire around you and wonder – how do we invest in the future when we aren’t sure there will be one?

I’ve had students in my on-line class for only two days so far.

And it’s been great.

They show up in record numbers smiling and ready to learn.

We talk, they tell me about their summers, and I remember how much I love teaching.

But I had to fight almost every day from June through August just so the school building wouldn’t become an incubation center for COVID-19 and classes could be conducted through the Internet.

I’m not saying it was all me that did it, but I fought and worried and cajoled and wrote and begged and did everything I could think to do. And it very nearly didn’t happen.

Summer is supposed to be a break after the stresses of a long school year. And 2019-20 was perhaps the most difficult year I’ve ever had teaching.

But 2020-21 has already promised to be much more challenging.

After all, when you have to fight just for the safety of your children and yourself as a prerequisite to everything that happens in your class, how much strength is there left for actual teaching?

My district has committed to being on-line only through September, so the fight continues month-by-month.

Where are the local newspapers that would have reported on each school district as people test positive for the virus and others are contact traced? We closed most of them and downsized the newsrooms of others to make up lost advertising revenue.

If you’re not a supersized district serving millions, they only report on bed bugs, poorly trained security guards or whatever public relations statement the superintendent released today.

So we trudge on in silence just hoping to get through the day.

And what days they are!

Teaching on-line is a heck of a lot more work.

You’ve got to plan for just about everything. You put the assignments on Google Classroom and set up the Zoom meetings and make your handouts into PDFs and try to digitize your books and figure out how classroom policies designed around a physical space can be revised for cyber space. You answer countless questions and concerns, videotaping your lessons for those who can’t be there in person. You try to make things interesting with new apps, new software, new grading systems, new approaches to the same material you’ve been teaching for over a decade.

And it never ends.

By the time the day is supposed to be over, the emails are still rolling in, the assignments are still being submitted, administrators are making pronouncements, and you haven’t even finished all the things you have to do to get ready for tomorrow yet.

When is there time for my family? When do I have time to make dinner or check on my own child’s progress in her own online experience?

What’s worse is that when things go wrong, I’m afraid to bring them up for fear that some decision maker long removed from the classroom will simply shoot from the hip and end on-line instruction.

We had all summer to plan how to do this better, but we spent all that time diddling about WHETHER we should teach on-line or not. We should have just bit the bullet and worked on improving the quality of instruction instead of putting all our chips on the gambit that it wouldn’t be necessary.

Now – as usual – it’s all in the hands of everyday classroom teachers. We’re left to just figure it out.

And we do!

Part of me really enjoys it!

I love finding new ways of doing things and seeing if they’ll work out better. I’m excited about seeing how my students will react to a Bitmoji classroom or a new Kahoot or this video or not being hassled if they keep their cameras off in Zoom.

I know on-line teaching can never really hold a candle to in-person instruction. But that’s not an option right now. And pretending like reality is something different than it is will do no one any good.

But just saying something positive about cyber schooling gets the technophobes coming down on you.

They’re so scared that online teaching will replace real, live educators that they can’t admit of any positive qualities to the new normal.

Don’t get me wrong. My heart is with them. I fear that, too. But it’s a war we have to wage later. Just like the election.

Biden is not great on education. Trump is worse. So we have to support Biden while we prepare to fight him in January. And that’s IF we can both defeat Trump at the polls and somehow avoid a constitutional crisis if he refuses to leave the Oval Office willingly.

Everything is one fight after another. We have to win this battle before we can wage the next one.

No wonder we’re so exhausted.

Everyone is worn out, but no one more so than classroom teachers.

We’re caught at the crossroads of nearly every conflagration in America.

I sit here on a Sunday afternoon and my bones feel like boulders under my skin.

I sleep like a beaten boxer – all bruises under the sheets.

But I’ll wake up on Monday, make myself a cup of tea and trudge back to my computer screen ready to begin again.

Because despite it all, there is a core part of me that still believes.

I still believe in the future.

I still believe in teaching.

I still believe my students are worth it.

Like this post?  You might want to consider becoming a Patreon subscriber. This helps me continue to keep the blog going and get on with this difficult and challenging work.

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I’ve also written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

America Has Failed in Every Way But One

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This year has been a disaster.

 

We are living through a global pandemic yet have inadequate health screenings, medical equipment or a viable vaccine.

 

We are witness to public lynchings of black people at the hands of law enforcement yet our legal system continues to be slow to act if at all.

 

Our schools and hospitals are starved for resources yet police have riot gear, tear gas and army surplus tanks to patrol the streets.

 

Climate change causes unprecedented storms, droughts, wildfires, hurricanes and other extreme weather yet our policymakers refuse to take any action to change it or even acknowledge it’s happening.

 

We’re experiencing record unemployment and a stalled economy yet the super rich loot and pillage recovery efforts to record profits.

 

White supremacists are terrorizing our communities yet we ignore it until someone is killed and refuse to see any pattern, just a series of loners unrelated and unstoppable.

 

Refugees with nowhere else to go seek shelter at our door and yet we respond by rounding them up like criminals, separating them from their children and caging them like animals…

 

Guns are unregulated. Truth is uncelebrated. Fascism rebranded.

 

All while America burns and the President hides in his bunker.

 

But he is not the only one.

 

Nearly every leader in America has failed to meet these challenges.

 

So maybe the problem isn’t just our leadership but where these people come from in the first place.

 

Our politics is so beholden to monetary interests it cannot function for anyone else.

 

We are left out of the system and told that the only solution is participation in it.

 

We go door-to-door, organize and hold rallies for our chosen candidates. We navigate political labyrinths of red tape in an edifice labeled “Democracy” but at every turn stifled of collective voice. And sometimes we even win and see our preferred public servants inaugurated.

 

But every year nothing much changes.

 

Things get progressively worse no matter who is in office.

 

And we’re told to clutch at changes that are not nearly adequate or which are cosmetic at best.

 

It’s no wonder, then, that so many folks have taken to the streets to express their outrage and demand justice.

 

No one really wants a revolution we’re told, until the streets are on fire and the riot shields and rubber bullets come out.

 

In frustration we burn the place down begging to be noticed, to be heard, for anything to finally happen.

 

And the only response is echoes of the past: “When the looting starts, the shooting starts.”

 

America is a failed state.

 

We are a failure.

 

But there is at least one thing that gives me hope, and it is this.

 

There is one major way that our country and our people have not failed.

 

There is one way that we have surveyed the present scene and responded appropriately.

 

We have not lost our outrage.

 

When George Floyd, a black man, was murder in May by Minneapolis Police Officer Derek Chauvin who kept his knee on Floyd’s neck for more than 8 minutes, we did not look away.

 
Nor did we forget Breonna Taylor, a Black woman, who in March was killed in Kentucky by police serving a “no knock” warrant at her apartment for criminals they already had in custody.

 

Nor did we forget Ahmaud Arbery, a Black man jogging near his home in February who was followed and shot to death by two white men who claimed they suspected him of committing some sort of crime.

 

It would be easy to become complacent about such things.

 

They happen every year. Every month. Nearly every day.

 

But we have refused to accept them.

 

We refuse to shrug and let this just become normal.

 

America is angry. She is sick and tired of being unheard and unheeded.

 

She is fed up with unjust systems, gas lighting leaders and political thugs.

 

To quote James Baldwin, “Not everything that is faced can be changed, but nothing can be changed until it is faced.”

 

We are trying to face the truth.

 

Only time will tell whether it destroys us or we conquer it.


 

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Mike Turzai is Willing to Sacrifice Pennsylvania’s Students and Families to the Economy

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Mike Turzai says he’s furious with Pedro Rivera.

 

Why is the highest ranking Republican in Pennsylvania’s House of Representatives so angry with the state Secretary of Education?

 

Rivera said the Commonwealth’s public schools, which have been closed since mid March due to the Coronavirus pandemic, would not reopen until it was safe to do so.

 

If that means schools don’t reopen on time in the Fall, so be it.

 

Specifically, on Wednesday, Rivera said:

 

“At the end of the day, we’re going to make sure that the health and welfare of our students is first and foremost, front and center. And we’re not going to allow and ask students to return to school in an unsafe environment. We’re preparing for the best, but we’re planning for the worst.”

 

Turzai was so infuriated by this statement that he wrote a letter to Rivera – which the Pittsburgh area representative immediately shared with the media – he went on right wing talk radio to complain, and he posted a video on his Facebook page.

 

You know a Boomer is really mad when he goes on the social media.

 

Though his comments include his usual greatest hits against public schools and those greedy teachers, Turzai’s main point was simply science denial.

 

On Facebook, after a long list of activities that he said kids enjoy doing like sports and lab experiments, he said this:

 

“All of those can be done safely, and [kids] are not at risk unless they have an underlying medical issue. The fact of the matter is kids can develop herd immunity, and if you [Rivera] have not yet developed a plan where we can safely educate kids in schools, then you are going to have to rethink education forward…”

 

 

 
So there you have it, folks.

 

Turzai wants Pennsylvania to reopen schools on time whether scientists and health experts think it’s safe or not because – Turzai knows best.

 

Pennsylvania’s village idiot thinks he knows best about schools.

 

And as usual he’s as wrong as you can get.

 

The COVID-19 virus is relatively new. That’s what the 19 in its name means. It was only discovered in 2019.

 

It’s already killed more Americans than the Vietnam War (69,579 vs. 58,220). There’s no vaccine. And we really don’t know with much certainty how it will affect people in the long term.

 

And as to herd immunity, Sweden tried that – eschewing social distancing and letting people just get the virus – and the result is a death rate twice that of the US.

 

While it is true that children seem to be mostly asymptomatic, thousands have contracted the disease and several have died.

 

However, the Center for Disease Control (CDC) points out the bigger issue in the organization’s April report on its Website:

 

“Pediatric COVID-19 patients might not have fever or cough. Social distancing and everyday preventive behaviors remain important for all age groups because patients with less serious illness and those without symptoms likely play an important role in disease transmission.”

So if we reopen schools before it is safe to do so, we run the risk of (1) kids dying, (2) kids becoming carriers and bringing the disease to any adults they come into contact with who are much more susceptible and (3) teachers and school staff getting sick and dying.

 

Turzai has no problem with any of that.

 

He thinks the risk is worth it.

 

Why?

 

Well, that’s the party line he’s been handed by the Trump administration, and he does whatever he is told by his bosses.

 

Oh? The taxpayers thought THEY were his bosses?

 

No. You are just the chumps who kept re-electing him.

 

He doesn’t work for you.

 

He works for the Republican Party machine which is trying to turn people against Democratic governors like our own Tom Wolf.

 

And, man, does he want to be the next GOP challenger to Wolf. That’s really what this whole business is about – casting Turzai as even more radical than Scott Wagner, the last far right dope who tried for the governors mansion and was soundly defeated by voters.

 

He’s trying to show he’s just as stupid as Donald Trump. The President says we should all drink bleach to get rid of COVID-19? Well Turzai says we should let our kids get sick and die or make us sick.

 

Republicans truly have become the party of stupid.

 

The media helps covidiots like Turzai by uncritically reprinting his outrageous lies.

 

Turzai is like a man who calmly says it’s not raining outside while a thunderstorm beats down on the neighborhood. Instead of pointing out the truth, the media simply reports what Turzai said and at most gives equal weight to a meteorologist. But there is no OPINION about facts! And whether scientific consensus holds with his crackpot conspiracy theories about how the Coronavirus spreads or not IS a fact.

 

 

Is social distancing fun?

 

No.

 

If I could push a button and magically make the Coronavirus go away, I would.

 

But you have to live in the real world.

 

We have to get rid of the virus.

 

We need real tests to be able to tell if people have the virus. The Trump administration has completely botched that. This is why countries like South Korea are seeing hardly any new cases at all while our numbers are still extremely high.

 

Not to mention the fact that we have a bunch of morons who value their freedom to put themselves at risk without any thought to their responsibilities to the rest of society who they will also be endangering.

 

Until we can truly tell who has the virus, who had the virus, who is immune, and how to cure it, the prospect of reopening schools or the economy will be grim.

 

We should not put people at risk unnecessarily.
And we certainly shouldn’t put children at risk.

 

Don’t let fools like Turzai use a global pandemic to hawk their political agendas.

 

He goes on in his video to say that if the state’s public schools don’t open on time, we should consider things like universal cyber schooling, and (non sequitur alert!) charter and voucher schools.

 

It’s his everyday wish list wrapped in a Coronavirus-bow.

 

That’s how dumb this dummy thinks Pennsylvanians are.

 

I sure hope he’s wrong about that, too.


MYTHBUSTERS: A quick rebuttal to the other lies spewed in Turzai’s Facebook video

 

-Does Pennsylvania spend more than most other states on education?

 

We’re in the top 10 for over all spending, but we don’t distribute it equally. Kids in rich districts get tons of money. kids in poor districts get scraps. That’s why there’s a lawsuit demanding the state ensure all kids get an equitable education.

 

-Are pension payments high?

 

Yes, because while teachers and schools paid into the program, the state legislature deferred to pay its share for years and years. Now it’s due. We agreed to give state workers benefits when we hired them. We can’t go back on that now.

 

-Do administrators know if teachers are teaching online during the pandemic?

 

Yes. Parents, students AND administrators know because it’s all online. Administrators can monitor teachers MORE closely via the Internet – not less. That’s why there’s an overwhelmingly increased appreciation of what educators are doing now – it’s out in the open.

 

-Should educators call special needs students for three hours everyday?

 

Only if they aren’t already spending the majority of their days actually teaching students on-line. I’m on ZOOM meetings most days interacting with students on video conferences for almost as much time as I would in person if schools were open. And if you add in the amount of time it takes to come up with new lessons on learning platforms we’re unfamiliar with, program them in and troubleshoot them, most teachers are putting in MORE hours than usual.

 

 


 

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Bernie Sanders Supporters Have Every Right to Be Furious

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Dear non-Bernie Sanders supporters,

 

Shut up.

 

Seriously.

 

Sit down, and shut the fuck up.

 

You’ve been doing an awful lot of talking lately, and there’s a few things you need to hear.

 

We, the Bernie supports, are sick and tired of the never-ending flow of bullshit coming out of your mouths.

 

For the past five years you’ve called us Bernie Bros, Bernie’s Internet army, Russian bots, naive, sexist, racist, privileged, pigs.

 

Yet women, people of color, LGBTQ folks, social, racial and ethnic minorities make up a sizable portion of our numbers, but somehow we’re prejudiced.

 

You didn’t listen to us in 2016 when we said Hilary Clinton was unelectable. You didn’t listen to us when we said Donald Trump had a real chance at winning. But you blamed the entire catastrophe on the handful of us who didn’t vote for your candidate.

 

And now the second Bernie Sanders suspends his 2020 campaign, you’re all over us to commit to your boy, Joe Biden.

 

We’ve been here before. We have a pretty good idea how this story ends. Maybe you’d do well to listen to us for once.

 
We’ve spent years of intense effort changing the narrative of politics in America. We’ve held live streams, phone banked, knocked on doors, overfilled arenas. We’ve pushed Medicare for all, raising the minimum wage, universal college, a Green New Deal.

 

And the only thing you can say is “I told you so”?

 

All you have to say is “blue no matter who”?

 

It’s just “Get in line or you’ll be responsible – again.”

 

Let me ask you a question: what are YOU responsible for?

 

When Bernie was winning state after state, the media acted like it was a literal invasion of brownshirts. When Biden was winning, it was the best news since sliced bread.

 

Who’s responsible for that?

 

Bernie was running away with the primary until nearly all the other candidates mysteriously dropped out all at once right before Super Tuesday. And now we find out Barack Obama gave them each a call before hand – putting his finger on the scale.

 

Who’s responsible?

 

The Democratic National Committee literally pushed to continue primaries in Illinois, Florida and Arizona during a pandemic in case waiting might bolster Bernie – the candidate with policies tailor made to fight COVID-19. And the result has been a flood of sick people and a nearly insurmountable delegate lead.

 

Who’s responsible?

 

Once again – no one.

 

Not a single establishment Democrat, Hillary or Biden supporter has ever said, “We fucked up.” It’s only what everyone else did. No accountability for your actions at all.

 

Don’t Bernie supporters have a right to be pissed off about it?

 

Can we just have a moment to express our authentic human rage?

 
This may come as a shock but almost all Bernie supporters want to beat Trump in November.

 

And now we have no choice but Biden with which to do it.

 

We have a candidate with a long history of outrageous and provable lies – including statements only a month old that he was arrested while visiting Nelson Mandela in South Africa.

 

We have only a candidate with a history of inappropriate touching of women and a credible rape allegation.

 

We have a candidate who degraded Anita Hill to help far right Republican Clarence Thomas get on the Supreme Court.

 

We have a candidate who wrote the bankruptcy bill that stopped protection from millions right before a recession.

 

We have a candidate who has repeatedly been willing to cut social security.

 

We have a candidate who refuses to support Medicare for all – even during a global pandemic.

 

And you think Berners are somehow out of line for expressing anger over this shit?

 

You need to wake up.

 

At this point, we need unity more than ever.

 

We need to come together and defeat Trump.

 

But to do that, we need more than just hatred of the incumbent.

 

Sure we need someone who will nominate sane Supreme Court justices, but we need a base that will give him the support to get these nominees approved and not leave them in the wind like Merrick Garland.

 

We need real policies that people can get behind. And even if Bernie came up short on delegates, his policies are still incredibly popular – more popular than he is.

 

If you want some of us to pull the lever for your boy in November, you’d do a lot better fixing Biden’s policy positions than gaslighting Bernie folk.

 

You’d do a lot better getting Biden to pick strong progressives for cabinet positions and leadership positions in his electoral campaign than trying to bully us into obedience.

 

You’d do a lot better committing to Bernie as a second choice if Biden somehow demonstrates he’s unable to continue with the campaign (and you KNOW what I mean).

 

And perhaps more than anything – you’d do well to give us a little fucking space.

 

Berners need time to mourn.

 

I said that before and someone thought I was joking. I’m not.

 

If Bernie folk have a weakness, it’s that we’re believers.

 

We believed in our political revolution.

 

We believed in the idea of “Not me. Us.”

 

We believed a better world was possible.

 

Now that better world is further out of reach.

 

And all you have to offer us is one that’s slightly less fucked.

 


 

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Top 10 Reasons to Vote for Joe Biden in the 2020 General Election

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With Bernie Sanders dropping out of the 2020 Democratic Primary, I can think of only these 10 reasons to vote for Joe Biden in the November general election:

 

10) He’s not Donald Trump.

9) He’s not Donald Trump.

8) He’s not Donald Trump.

7) He’s not Donald Trump.

6) He’s not Donald Trump.

5) He’s not Donald Trump.

4) He’s not Donald Trump.

3) He’s not Donald Trump.

2) He’s not Donald Trump.

1) He’s not Donald Trump.

 


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Bernie Sanders Would Be the First Jewish President – What That Means to Me

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Being Jewish is not something I advertise.

 

Some of my earliest memories are trying to explain to school friends that no, I didn’t kill Jesus – and, yes, I do eat matzo but it isn’t made with baby’s blood – and would they like to come over to my house and play Legos?

 

I’ve been called “yid,” “kike,” “heeb,” even just plain “Jew” with the lips curled and the word hurled at me like a knife.

 

Heck. When I was a kid even the bus driver called me “moneybags,” though my family was far from rich.

 

So it makes sense to me that Bernie Sanders isn’t running for President as a Jew first.

 

He’s running on his policies and experience.

 

But it still hurts when pundits complain that there are now just two white men vying for the democratic nomination.

 

Um. Okay.
 
Sanders IS Jewish. You know that, right? If he were elected, it would not be business as usual. It would be unprecedented.

 

Yet that fact is almost always glossed over because it doesn’t fit the media narrative they’re selling.

 

Sanders is the “crazy socialist,” not the “historic Jew.”

 

This constant erasure is a slap in the face.

 

And I mean MY face, not just Sander’s.

 

I doubt it feels too good to him, either, but it feels personal to me, as well.

 

My family and I live just outside of Pittsburgh, about a half hour away from the Tree of Life Synagogue in Squirrel Hill where just two years ago 17 people were gunned down in perhaps the worst act of violence against Jews in our nation’s history.

 

 

I teach “The Diary of Anne Frank” to middle school children less than 15 minutes away.

 

 

I have relatives who belong to that congregation, though I didn’t know any of the 11 people who died.

 

 

Let me ask – were they white?

 

 

I’ll bet they thought they were, but all it took was an anti-Semite with a gun to challenge that.

 

Like Bernie, I lost my extended family in the Holocaust – great grandparents, great uncles and aunts, cousins,  who I will never meet. I grew up with only the closest of familial relations.

 

 

Before I was old enough to get in to see a PG-13 movie, I knew about mass graves, ghettos, cattle cars and crematoriums.

 

 

Generation upon generation of European Jewry never expected to be singled out for extermination. They probably thought of themselves as regular, everyday people, too – an US not a THEM.

 

Bernie would meet that same standard. Like all of us, he knows we’re white only until someone decides we’re not.

 

 
So when talking heads decide to erase the fact of Bernie’s ancestry, they aren’t just playing politics. They’re engaged in naked prejudice.

 

Let me be clear. I don’t bring this up out of some sense of political tokenism. Bernie shouldn’t be recognized just for appearances sake. He needs to be seen for who and what he is.

 

 

This isn’t about identity politics. It’s about basic truth.

 

 

When some folks complain about the way Bernie speaks or that he yells too much, they’re really showing a xenophobic bigotry.

 

 

Bernie is a Jewish man who grew up in New York.That is how people from there talk.

 

 

I’ve known scores of people who speak like that – often at the dinner table during family gatherings. Just because it isn’t a part of your personal experience doesn’t make it acceptable to dismiss.

 

 

If you belittled someone for speaking with a Spanish accent, it would be called out for what it is – prejudice.

 

 

But by ignoring Bernie’s Judaism, you allow all kinds of discriminatory preconceptions to pass as little more than valid criticisms.

 

 

Don’t get me wrong.

 

 

I don’t think Bernie’s Judaism is the most important thing about him or his campaign.

 

 

I wouldn’t support just any Jew who was running. For example, I wouldn’t back Joe Lieberman or Jared Kushner if they were seeking elected office.

 

 

But it DOES mean something that Bernie is in the hunt for the Democratic nomination and is Jewish.

 

 

For me, he typifies what is best about us.

 

 

He embodies the spirit of doing good for others and trying to make the world a better place. He seeks justice in economic, social, racial, gender and political relationships. He tells truth even when it’s uncomfortable to hear. And that includes the truth about the Israeli government’s reprehensible treatment of the Palestinian people.

 

 

In his 30 years in Congress he passed mountains of bipartisan legislation as the amendment king. He refused to support the Iraq War or cuts to social security. He supports unions, workers, public schools and universal healthcare.

 

 

Being Jewish does not take precedence to those things. But I hope supporting those things will help redefine what people think of when they think of Judaism.

 

 


 

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Don’t Fear Summer Lee. Fear the Devil’s Bargain Labor Leaders Are Willing to Make Opposing Her

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Cancer or unemployment.

 

That’s the choice Pennsylvanians are being asked to make in 2020.

 

Do we allow hydraulic fracking to continue to destroy our environment and increase our risk of cancers and other debilitating illnesses?

 

Or do we clean things up and risk losing jobs?

 

Some labor leaders seem willing to chose the former on behalf of their constituencies.

 

That’s why the Pittsburgh-based Allegheny-Fayette Central Labor Council (PA AFL-CIO) voted to oppose the re-election of State Representative Summer Lee, the first black woman elected to the State House from the western part of the Commonwealth.

 

She chooses life.

 

And that might put some people out of work.

 

It’s a sad commentary on the state of the labor movement that union bosses are willing to make this trade – life for a living wage.

 

And it’s a completely unnecessary choice.

 

We can have BOTH jobs and health – if Democratic politics allow for minds open enough to see the truth.

 

Let’s get this straight.

 

Lee is a badass.

 

The Democrat represents Homestead and West Homestead – two of the three municipalities in the school district where I work as a middle school teacher. She also represents parts of Pittsburgh, Braddock, Swissvale, Rankin, Turtle Creek, Forest Hills and Churchill.

 

But the 32-year-old lawyer and community organizer is more than just a politician. She’s a local hero.

 

Just two years ago, Lee beat 20-year incumbent Paul Costa by a margin of 68-32%.

 

She helped found UNITE, a grassroots political action committee, which has successfully defeated several old guard Democrats in bed with the fossil fuel industry.

 

Most notably, UNITE was part of the effort that ousted Allegheny County Council President John DeFazio in favor of another Democratic insurgent, Bethany Hallam. Once again DeFazio’s pro-fracking and fossil fuel platform went down in flames to Hallam’s environmentally friendly policies by a margin of 54%-46%.

 

Fracking is a relatively new and dangerous method of extracting natural gas from otherwise inaccessible sources like the region’s abundant Marcellus shale. “Fracking fluid” made up of water, sand and harmful chemicals is injected in a high pressure blast into deep rock formations releasing natural gas, petroleum and other substances.

 

Fracking has been known to increase health risks like respiratory problems, a negative impact on pregnancies, and a host of other problems – and that’s not even considering the risks of spills. The process also has devastating environmental impacts including the escape of greenhouse gases, groundwater pollution and increase risk of earthquakes.

 

In Harrisburg most debate has centered around removing a Republican-backed sweetheart tax deal for the industry and not outright banning the process altogether.

 

Lee, Hallam and other UNITE Democrats are changing the conversation, yet some of the area’s labor unions aren’t coming along with these insurgent winners. They’re sticking with establishment figures.

 

The PA AFL-CIO has endorsed Chris Roland against Lee in the primary. He’s a white North Braddock councilman who supports fracking. 

 

Lee is a Democratic Socialist with a massively pro-labor campaign. She’s been endorsed by the Service Employees International Union (SEIU) and United Electrical Workers (UE).

 

She is the only incumbent who the labor council did not endorse.

 

The only reason is her environmental stance, her race, or both.

 

Lee supports a Green New Deal and tightening enforcement against illegal air emissions from steel mills.

 

Roland has already raised $77,635 mostly from local unions. Steamfitters Local 449 and the Laborers’ International Union of North America have both given him $20,000 while the local International Brotherhood of Electrical Workers (IBEW) and Plumbers locals each gave $10,000.

 

To combat this, Lee has raised $55,789.

 

Some pundits theorize that the move to stop Lee is doomed from the start because of her incredible popularity in her district. The real motivation is to weaken UNITE’s ability to fundraise against other pro-fracking Democrats.

 

It’s tragic that the labor movement has come to such a low point with leaders like PA AFL-CIO President Darrin Kelly willing to trade the health and safety of the people living here for the promise of a paycheck.

 

Kelly has been a vocal opponent of the Green New Deal fearing what it would do to fossil fuel employment in the area.

 

In an April interview with Payday, he said:

 

“When you have a situation where you are taking away from someone’s ability to feed their family, that is not going to be looked at favorably. I am going to be against it; I’m going to be vocal against it and not welcome it in Western Pennsylvania.”

 

He seems to forget that dead people don’t need a paycheck.

 

Trading the environment and the health and welfare of our friends and neighbors for a living wage is a bad deal.

 

Moreover, labor leaders opposing environmentalists like Lee ignore key aspects of her proposals.

 

A Green New Deal would create millions of sustainable new jobs. It would require replacing pipes, weatherizing homes, expanding railways, manufacturing wind turbines – all of which would require people to do the work.

 

These would be high quality union jobs with good salaries, benefits, safe working conditions, training opportunities, etc.

 

This opens a once in a generation opportunity for new jobs to upgrade and expand the Commonwealth’s crumbling roads, bridges, energy grid, and water systems. Not only would we repair what exists, we’d build a cleaner, more affordable, and more resilient infrastructure that would be there for our posterity.

 

We need to expand access to light rail and low-emissions public transit, replace lead pipes, build a smart grid for increased wind and solar power, replace storm water systems to prevent flooding and toxic runoff, and restore wetlands and other natural buffers to protect our communities.

 

These are exactly the things our labor leaders should be concerned about doing. These are exactly the policies we need to move forward into the future.

 

It’s time to stop the necrotic paralysis of labor propping up the dying fossil fuels industry. The future is with sustainable energy.

 

If we want to actually live to see that future, we need to back policies that save our children from getting sick, that preserves Pennsylvania’s natural resources.

 

Green New Deal Democrats like Lee and Hallam are the future.

 

It’s time the holdouts in the labor movement get with the program.

 

 

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Summer Lee, Mark Fallon and me at December’s Public Education Forum in Pittsburgh.


 

Like this post? I’ve written a book, “Gadfly on the Wall: A Public School Teacher Speaks Out on Racism and Reform,” now available from Garn Press. Ten percent of the proceeds go to the Badass Teachers Association. Check it out!

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