Thursday, July 9, 2009

Supreme Court Decisions

Went to the National Constitution Center last night to hear some talking heads discuss the Supreme Court decisions handed down a week or so ago....  Now for some observations:

  • If these huge intellects ever learn to lead with their hearts, there may be hope for the world.  Yes, on the stage were huge intellects.  Equal to those on the Court they cover.  And equal to those in the audience.
  • The audience was SO SO white.  All ages though. 
  • However, the first question came from a Packastani looking 20-something, and the panel could not understand him.  Only the woman - Delilah - caught the gist of his question - which was about a Guatanamo Bay case decided last Term - and the questioner's concern was clearly deeply felt (in the heart), but it also demonstrated the questioner's unfamiliarity with the US Justice system.  I would have hoped that one of the panel would have sought the questioner after the session to discuss further his concerns and to assure that a good two way communication occurred.
  • So, the audience asks about Gitmo - but the panel spent all the up front time on the Voting Rights Act, Affirmative Action, and the NYU prof, who made sure to mention he wrote the book Obama used when teaching constitutional law, (and he even got the TITLE of the book in on the record!), Paris Hilton and Nicole Ritchie's obscenity on-the-air and the ? of, 'Can the FCC fine the broadcasting station for this?' gets revisited.
  • Somewhat interesting, but trying to fix a broken system --  corporation cannot give $ to a political candidate, but can they take out add in paper to attack the politician's programs? Where is the line?  (Who cares?  The US election system is a joke.)
  • BEST question of the night - on behalf of a group of social studies teachers: what 5 cases should all high school students study?  The answer?
  1. U.S. vs. Caroline Products.  1938.  individual rights
  2. Baker v. Carr (which leads to Reynolds vs. Simms) - one person one vote 
  3. Brown vs. The Board of Education.  1956.  (which overturns Plessy vs. Fergeson - so you have to read that case too...)
  4. Roe v. Wade.  1973.  (Casey - and the case which fixed it, thanks to Justice Sutter, Casey? ...)
  5. Miranda vs. Arizona
  6. first amendment protection of speech - even if it is hateful - unless there is an imminent risk if immediate violence.  (clear and present danger?)
  7. Truman could not seize the steel companies during world war II "substantial cost on identifiable individuals"
  • Points made that are of interest: Kennedy was in the majority 92% of the time.
  • There were 74 decisions; 23 of them were 5-4.
  • Whose rights prevail?  Individual rights?  or Those of Groups?
  • It is clear to me that the top intellect in our country is not in sync with the world. Maintenance of the old, and a belief that the past ways and systems can be fixed, permeates the air.  Or does it?  
One cannot lead with the heart if s/he is stuck in his head.


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