Showing posts with label Civics. Show all posts
Showing posts with label Civics. Show all posts

Thursday, August 06, 2026

We don't have a pure democracy in this country -- AND WE DON'T WANT ONE, EITHER

You are looking at a map of Ancient Greece, lifted from the Encyclopedia Britannica website.

For the sake of perspective -- and, I promise, I will explain why this is important momentarily -- here is an outline of the State of Illinois superimposed over the modern nation of Greece.

(This was obtained from a site called MyLifeElsehwere.com.)

There was no "nation" of Ancient Greece. While there was a common culture and language, albeit spoken in different dialects (such as Doric, Attic, or Ionic, at least until the time of Alexander the Great), Greek city-states could be found running from Sicily in the west (Syracuse - the home of Archimedes - most of you have probably heard at least something of him - was the most important Greek city on that island), across southern Italy (for example, Naples was once known as Neapolis), across what we now think of as Greece, including all those many islands, to Asia Minor (modern Turkey) in the east. Each was usually independent of every other. They would ally with one another, or go to war against each other, and they would form leagues of one sort or another to pool resources -- but, even when they were members of the same 'league,' each of these places had their own governments.

You may have learned, in school, that Athens, one of those city-states, and often an important one, was "the birthplace of democracy," and perhaps it was. Democracy had to start some place. But a great many of these city-states experimented with democracy at one point or another.

The experiments always turned out badly.

Now, perhaps some of you are old enough that the name Plato came up once or twice in your studies. Plato, in Book VIII of The Republic, has Socrates identify five forms of government, starting from the best, aristocracy, and, then, in descending order, timocracy, oligarchy, democracy, and tyranny.

"Aristocracy," in this view, is the rule of the best people, philosphers all, under the guidance of a philospher-king. This would be the ideal form of government, in Plato's view, if it could exist, but, if it did, it would probably degenerate into timocracy when the ruling class began to equate the pursuit of honor, and of military and athletic success, with the lofty and laudable pursuit of human excellence and the common good. Timocrats would also, over time, begin to admire the accumulation of wealth, to the point where accumulation of wealth becomes the primary goal of the ruling class and the polity degenerates into oligarchy.

Eventually, the oligarchs will become soft, fat, and ripe for overthrow by the lower orders, all of whom will want their say, and the society will degenerate still further, into democracy. But democracy will soon become mob rule, and, sooner or later, a tyrant will emerge. The tyrant is not concerned with the common good, only his own aggrandizement, and this at the expense of all. This is the lowest form of government.

Plato's "Republic" never existed, nor could it. Human nature prevents the development of the true Philosopher-King, just as it renders impossible the development of the New Socialist Man.

(This seems like a good moment to recall James Madison's famous quote in Federalist 51, "If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary." Angels willing to govern humankind have so far not been found; persons who are all too willing to assume the complete governance of their fellow human beings are no angels.)

But to return to the main thread: When I was exposed to Plato, a half century ago, this was presented as theory. Philosophy. "Political science." Plato -- including his dim view of democracy -- was just one theorist, Marx was simply another.

This was -- even then! -- a gross and unfair simplification.

The Greeks studied governments; they observed governments. They had so many to observe.

Per Google, the driving distance from Athens to Sparta is about 132 miles. That's less than the distance from Chicago to Galena (163 miles, if you're keeping score at home). And most of the Greek cities you may recall from school were closer to Athens than that: Megalopolis was just less than 118 miles from Athens, Thebes was about 75 miles away, Sicyon about 68 miles distant. Argos and Athens were separated by no more than 80 miles, Corinth by about 52.

Imagine, if you will, Chicago as an independent city-state. Imagine Galena as a different, but also independent city-state. And Rockford, Freeport, Elgin, Aurora, Hammond (too soon?), Naperville, Wheaton -- all independent, all with different constitutions and traditions, sometimes allied, sometimes fierce enemies. (Naperville and Wheaton were never independent city-states, but they did almost go to war over which would be the DuPage County seat. Because violence was feared, the DuPage County records were shipped out to a different county seat... the county seat of Cook County... Chicago... where they were in October 1871... but that's a different story).

When the ancient Greeks said that there were only so many different forms of government, and that each of these forms, whichever was selected by a city-state, deteriorated into still worse forms, they were not talking theoretically. They were speaking from vast experience. They had multiple, multiple data points, over many hundreds of years. They had what the young people might call "receipts." This passage from chapter 4, Book VI of Polybius' Histories is a summary of extensive observation, not academic speculation:
The first [of the six kinds of government] to come into being is one-man rule, which arises unaided and in the natural course of events. After one-man rule, and developing from it with the aid of art and through the correction of its defects, comes kingship. This later degenerates into its corrupt but associated form, by which I mean tyranny, and then the abolition of both gives rise to aristocracy. Aristocracy by its very nature degenerates into oligarchy, and when the populace rises in anger to avenge the injustices committed by its rulers, democracy is born; then in due course, out of the license and lawlessness which are generated by this type of regisme, mob rule comes into being and completes the cycle.
(Quoted from the translation of Ian Scott-Kilvert, published sub nom. The Rise of the Roman Empire, Penguin Books, 1979, p. 304.)

And, after mob rule had run its course, and more likely sooner rather than later, someone would wrest control of the mob and the cycle will begin anew. In the modern world, however, the person who emerges on top might eschew the title "king." That person might style himself or herself General Secratary of the Party instead. But he or she will likely be a tyrant nonetheless.

How can a society avoid this vicious cycle?

This was a question that consumed Polybius (c. 200 - 118 B.C.). He was writing his Histories as the Roman Republic finally destroyed Carthage and sacked Corinth (both in 146 B.C.). He was himself a statesman, with political and military experience in the Achaean League. While he supported Rome in its wars against Macedon, he wound up interned at Rome for a time, as Roman interests began swallowing up more of the Greek peninsula. He did cultivate powerful friends at Rome, including Scipio Aemilianus, to whom he was tutor and mentor. So it's not entirely suprising that he found a lot of good things to say about the Republic, including praise for the Roman constitution.

However, it was not all just idle (or diplomatic or careerist) flattery. The ancient Greeks had an enormously high opinion of themselves. There were Greeks... and there were barbarians. Aristotle may have been tutor to Alexander the Great, but Macedonians weren't true Greeks, even if Alexander's armies brought Hellenistic culture all the way to India. And, if the Macedonians weren't quite Greek enough, how could one explain the successes of those bumpkins from the banks of the Tiber? It couldn't be their people, and certainly not their culture -- browse Plutarch's lives of famous Romans and you'll note that any truly good Roman had a good Greek education, and any defects in an older Roman could be explained by his failure to acquire a proper appreciation for Greek culture. And the Romans lapped this up, too: By the late Republic, every educated Roman was also fluent in Greek. Indeed, as you may have learned in school, the Roman Empire survived for nearly 1000 years after the fall of Rome (until May 29, 1453, to be precise) -- but the language of that 'Roman' Empire was Greek.

So Polybius really was looking for an explanation as to how the upstart Romans had been able to conquer the world. He found it in the Roman constitution. Polybius found the Roman constitution to be noticeably different from the constitutions of the many city-states he knew -- it was a mixed constitution, with elements of monarchy, aristocracy, and democracy, that staved off political deterioration... and enabled an obscure city-state to grow into a great power. This view was quite influential... it greatly influenced America's Founding Fathers, for example, a lot of whom had read Polybius in the original Greek. We'll revisit Polybius' admiration for Rome's mixed constitution in a future post.

But, alright, Dear Reader, you are a Modern Person. You put no stock in the opinions of dead Europeans from slave-holding societies. You were taught that "pure democracy" is the ideal government... so you'd like to abolish the Senate, the Electoral College, the presidency, and so on.

OK... for all you Modern Persons... let's talk about "pure democracies" for a minute. America is not a "pure democracy" but there are many "pure democracies" in America. Indeed, you may well be familiar with one of the more common examples... which often really do degenerate into tyrannies, just like the Greeks reported. Have you never heard of homeowners' associations?

Saturday, July 04, 2026

Happy Birthday, America!

On this 250th anniversary of American independence, I have nothing to give my country but my gratitude. Gratitude to my ancestors for coming to this great land. Gratitude to the United States of America itself, the greatest nation in the history of the world.

I doomscroll too frequently on X (or Twitter, if you must) and, in many posts on that site, I have confronted the notion that some Americans are not patriotic; indeed, there is allegedly a belief that patriotism is a mere partisan construct; that only members of one party may be partiotic, whilst members of the other party, if they express the barest patriotic sentiment at all, must, in the same breath apologize for our country's shortcomings.

I realize that, in a nation of 342 millions, there must be some who harbor such stupid opinions. Some academic poseurs were spouting this kind of nonsense when Nixon was still in the White House. There are undoubtedly more such misguided persons these days, since the balanced teaching of history and civics, with any sense of context or perspective, has gone the way of the horse and buggy.

Yes -- granted -- America is not perfect. It has not always lived up to its highest ideals. Neither have you. Because you are human. Humans are imperfect. Things that humans make, like governments and nations, are necessarily imperfect, too. Only God is perfect. All we mere humans can do is strive to do better. And, in the course of its 250 years of independence, America has gotten better and better. Not in a straight line, perhaps, and we can have an honest debate on where we have faltered and where we have surged ahead. But, on balance, we live in the greatest nation that has ever been.

I sincerely believe that, the negative types notwithstanding, most Americans -- the vast majority -- are as proud and grateful as I am today, on America's 250th birthday. May God continue to bless our beloved nation, and may we continue to be worthy of the blessings received.

Tuesday, April 22, 2025

For the high schoolers in your lives: Learn about the workings of the federal judiciary *from* the federal judiciary

Look: I don't care how you acquire your news and information in the present age. I don't care what silo or tribe in which you claim membership. Surely, wherever you stand on the burning questions of the day, you must agree that some people are in desperate need of civics education. If you're honest about it (and I promise I won't tell) you might even concede that some of the folks who seem to agree with your position on every issue, or nearly every issue, could do with a little remedial civics education themselves. Maybe even a lot.

How did we get this way?

A lot of our friends and neighbors, and even many of our relations, never really got exposed to civics. In order to prevent fisticuffs from breaking out amongst the readers, we will defer to a different day any discussion of why this may be so. The point is that we should embrace opportunities to properly educate the next generation when such opportunities present themselves.

Therefore, if you are the parent or grandparent of one or more high school children (current freshmen, sophomores, or juniors), please take note: The Supreme Court Historical Society, the United States District Court for the Northern District of Illinois, and the ABA’s Division for Public Education have announced a "Supreme Court and My Hometown" program to be held in Chicago, Illinois during the 2025 fall semester (when those aforementioned children or grandchildren will be sophomores, juniors, or seniors). This immersive federal court experience is FREE for high school students. A two-day orientation will be held from 9:00 a.m. to 3:00 p.m. on July 22 and 23, 2025. The rest of the sessions will take place on select Thursdays from 5:00 to 7:00 p.m. All program sessions will take place at the Everett McKinley Dirksen U.S. Courthouse, 219 South Dearborn Street.

Throughout the program, students will explore the judicial branch through the lens of a local case, Escobedo v. Illinois (1964). They will engage with federal and state judges, attorneys, historians, professors, and community members to investigate the case and gain an in-depth understanding of how it moved through the state and federal court system. As a culminating activity, the students will create a unique capstone project to educate their community about the impact of the case and the federal court system.

All current grade 9 to 11 students are eligible to apply. Students are responsible for obtaining a letter of recommendation from a teacher, local educator, or community member who can speak to their academic and personal qualifications. Applications and letters of recommendation are due by May 9, 2025.

For more information, and to apply, visit https://supremecourthistory.org/hometown-program-chicago-il/. Questions about the program can be directed to Juliet Morris at jmorris@supremecourthistory.org.

Wednesday, October 30, 2024

CBA to host Nov. 7 reception celebrating 3rd Annual Civic Education Appreciation Awards

The Chicago Bar Association will honor its 2024 Lawyers in the Classroom honorees at a reception on Thursday, November 7, from 5:30 to 7:00 p.m., at the CBA Building, 321 S. Plymouth Ct.

The honorees and the schools where the honorees have volunteered are:
  • Baker Hostetler - Skinner North Classical

  • Cook County State's Attorney's Office - Markham - Prairie Hills Junior High

  • Hughes Socol Piers Resnick & Dym, Ltd. - Barton Elementary
There is no charge to attend this reception, but reservations are required. Click on www.chicagobar.org/LICawards to register.

Prospective attendees are warned, of course, that the sponsors are hoping to encourage more attorneys to participate in, or otherwise support, the Lawyers in the Classroom Program. I didn't really need to mention that, did I?

Friday, September 27, 2024

Local Federal Courts again sponsor Bill of Rights Day contest

Like me, perhaps, some of you are still a bit giddy from your recent Constitution Day celebrations.

So be it. The Constitutional calendar moves on.

And, as we approach this year's Bill of Rights Day (December 15, for those of you who may have forgotten), the United States Courts of Appeals along with the United States District Courts in the Seventh and Eighth Circuits, are hosting the fifth annual Bill of Rights Day contest for students in grades 5 to 12 in Illinois (and elsewhere in the 7th and 8th Circuits). The contest is being conducted under the auspices of the Judicial Learning Center.

While there are (presumably) very few middle school and high school students among FWIW's regular readers, a great many FWIW readers have children or grandchildren who do fall in the target demographic. Some of us have middle school or high school teachers in our families, and among our friends and neighbors, as well. So we can alert them.

Pass the word to your kids, grandkids, friends, and family as follows:
Students in grades 5-12 from Arkansas, Illinois, Indiana, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, and Wisconsin are encouraged to submit art and essays on the importance of the Bill of Rights. Creativity is encouraged.

A grand prize winner from each grade level category will be awarded a $500 cash prize, be able to take part in a virtual event on Wednesday, December 4 with Federal Judges and other legal experts on the enduring rights afforded to Americans by the Bill of Rights, and have their name and submission shared on the websites of the participating United States District Courts. Finalists from each grade level category will receive a $50 prize.

There are four grade level categories: Grade 5-6, Grades 7-8, Grades 9-10, Grades 11-12.

Submissions will be accepted during the fall semester, through 5:00 p.m. on Friday, November 1, 2024.

Finalists will be notified by Thanksgiving and grand prize winners will be announced at the virtual event on December 4. A finalist must be present to win the grand prize.

Detailed contest prompts, guidelines, and online submission form can be found here: JudicialLearningCenter.org/bill-of-rights-day.

Teachers: Be sure to tell your students to list you on their submission forms. All teacher names submitted will be entered into a raffle for valuable gift cards. The more students you have enter the more chances you have to win.

Please also note: There is a bulk-submit option for teachers. Contact the Judicial Learning Center through the website for instructions on how to submit for your entire class. Teachers are strongly encouraged to use the bulk-submit option if multiple students are entering.
Persons not entering the contest who may nonetheless have a rooting interest in the proceedings are welcome to attend the virtual event on December 4 at 6:00 p.m. Central/7:00 p.m. Eastern. Attendees will also have the opportunity to win prizes.

Event registration is required. To register, click JudicialLearningCenter.org/bill-of-rights-day.

Tuesday, September 03, 2024

Taking time off for good(?) behavior....

No, I'm not dead.

But I haven't posted here since May 30.

I have -- had -- any number of excuses: I had to get my CLE done. I had to prepare for, and successfully complete, an all-family vacation (the image above is from that trip). As the photograph suggests, I have had some babysitting and transportation obligations. I have been fortunate enough to be called a number of times for arbitration duty.

But these are mere excuses. I did all these things, and more, when I was also trying to keep a law practice going and I still had time to post here several times a week and, sometimes, several times a day.

I haven't been sick, physically -- my wife and I did have our first documented bout with Covid at the end of May, but that was merely unpleasant, not incapacitating.

No, if I've been sick, it's a sickness in my soul. I have covered judicial elections here in every election cycle since 2008. Arguably, this is a political site -- very, very, very low on the political scale -- but this work has given me more exposure to politics and politicians and their various machinations than I otherwise could ever have had.

And, I find, I don't like politics. I like it less with each increasingly shrill, bombastic, hyper-partisan election cycle.

Getting elected to the bench (or, for that matter, getting appointed) is a political process -- and politicians are members of a notoriously closed guild. I have tried to pull the curtain back a little, as much as an outsider like me can, in order to give lawyers who are not politicians, or related to politicians, but who nevertheless harbor judicial ambitions, more of a chance to breach the political battlements.

The breakthrough kitchen-table campaigns that I would posit as the ideal were never common; they are rarer than ever these days. In my time on this beat, I have documented the increasing expense of running a credible judicial campaign, from campaign consultants (of sometimes questionable loyalty, but always real expense) to the costs (actual and ethical) of raising funds. When I ran for judge, in 1994 and 1996, we tried to send out postcards to bring friends and acquaintances to the polls; now, direct mail pieces are probably a necessity. Hopefully not the misleading and malicious ones... but some examples of this type have been found in recent judicial campaigns, too.

But these trends, dispiriting as they are, are not a sufficient explanation for my malaise.

It's been coming on me now for some time. I tried to write about it in April, trying to explain why I thought the constant barrage of negative political advertising constitutes a form of bipartisan voter suppression.

But it's more than negative advertising. It's the groupthink. The win-at-all-costs mentality. It's the false choice fallacy that if you dare notice the obvious, glaring faults of this candidate, you must necessarily be a synchophantic, mindless supporter of that candidate.

What may frost me most is the casual, bipartisan contempt for the Constitution -- treating it like an obstacle to someone's vision of "progress" instead of as the safeguard of all our rights and liberties that it most certainly is.

You know, back in the day, before it was repealed, I had a lot of Structural Work Act cases. From these I learned that there is absolutely no question that safety harnesses, properly worn, can slow down the "progress" of the work. The builder's goals might be more promptly achieved without them. But, also without them, people are much more likely to get seriously hurt, even killed. Safeguards matter.

We lawyers -- we're sort of the Constitution's OSHA. We need to rein back our partisan, political brothers and sisters, not try and fashion creative arguments to provide cover for their excesses. And that goes for both parties. All parties. Left and Right. Progressive and MAGA. It does not appear that civics and patriotism and reverence for the Constitution are taught in our nation's schools. I know that some of us lawyers need refresher courses. At the very least.

Right now, and likely for the foreseeable future, I find the political climate toxic and increasingly intolerable. (As well as intolerant.) It's painful to observe, much less write about. Even in the limited way that I have done heretofore.

My news feed, all the stuff that comes in the email, X -- I start reading and always wind up depressed. And, mind you, this is is without watching one minute of any cable news network. Of any stripe.

So, for me, it comes down to this: Do I want to continue aiding and abetting an unhealthy political process?

The answer, for now, is that I perceive it as my civic duty. A way I can contribute, even if in only a small way, to the good of society. So... after a summer away... I will get back to work. While I may be trying to bail the ocean with a bucket, I will continue to try to help keep judicial campaigns as oases of civility and even gentility, in the hopes, however slim, that these good qualities can rise up on the ballot and into other races as well. Judicial candidates can lead the way.

But we've all got to keep our safety harnesses securely fastened.

Saturday, April 20, 2024

Lesson learned from the March primary: Voter suppression works

Let me state at the outset that what follows here concerns the primary process gererally, not the judicial primary process specifically. But, to obtain election, judicial candidates must participate in this general process, so it is necessary to talk about this first, before asking what the general process means for judicial hopefuls. We'll get to it. Stay with me for now.

I'm currently reading Patrick Wohl's new book, Down Ballot, a case study of a 1990 suburban legislative Republican primary that was an early proving ground of Personal PAC's political clout and, because of the focus in that race on the abortion issue, one which gained national attention (Amazon link).

Wohl makes a statement early on that I think should be graven in stone: "An unfortunate side effect of the primary system nationwide is that it rewards politicians who serve merely as vacant vessels of the partisan will rather than effective and candid consensus-builders."

It was a truism taught in every Poli Sci 101 course for most of the 20th Century: Candidates seek the support of their party's base in the primaries -- that's where they find their volunteers, their door-knockers, phone-callers, and poll watchers -- but, once the nomination is secured, they lurch rightward or leftward (depending on the party involved), putting their 'consensus-building' skills on display, in order to pick up the uncommitted and non-partisan middle.

Like a lot of things we learned in school (Pluto is a planet, for example, or that dinosaurs were slow, stupid, scaly brutes), this truism is no longer nearly so true.

There are probably a lot of reasons for this, and the relative influence of each factor no doubt varies from locality to locality. But one reason why we nominate and elect ever more "vacant vessels" in this state has to do with the absence of a viable opposing party. We have mapped the two-party system out of existence.

When WE do it, of course, it is good politics; it is only when THEY do it (in exotic places like Alabama, Texas, or North Carolina) that it becomes evil gerrymandering.

In 2014, for example, Republican Bruce Rauner won 50.3% of the vote and was elected Governor of the State of Illinois (carrying every Illinois county except Cook). With a fair, proportionate electoral map, one might have expected the Illinois House to be nearly evenly split. But, thanks to the Democratic Party's superior cartographic skills, Democrats won a 71-vote supermajority in the Illinois House, just more than 60% of the total membership.

And this was no fluke. In 2022, Democratic candidates swept all statewide offices by healthy margins, from a low of 54.28% for Alexi Giannoulias, to a high of 57.08% for Susana Mendoza. With a fair, proportionate map, in such a strong Democratic year, one would have expected Democrats to win somewhere between 64 and 67 seats in the Illinois House. Instead, they won 78 of the available 118 seats, a 66.10% majority. In the State Senate, their majority increased to 67.80%, with 40 seats out of 59. And in Congress? Under the new electoral map, with Cook County sliced into narrow strips like IV-tubes, pumping reliably Democratic votes into the rest of the state, Democrats elected 14 House members, out of a total of 17. Of course, Congress is home to many vacant vessels, of all partisan persuasions.

In Cook County, we are used to the idea that Republicans won't even bother to field countywide judicial candidates. Personally, I think it embarrassing that the Republicans would not even put up a sacrificial lamb candidate for the Illinois Supreme Court, but a party that is about to give us Donald J. Trump as a presidential candidate for the third time must not be very susceptable to embarrassment. Or shame.

But legislative seats also go often uncontested in our fair state. Of the 23 State Senate seats up for election this year, nine are uncontested. A pre-primary analysis by Andrew Adams, of Capital News Illinois, published in the Belleville News Democrat, "Nearly 9 in 10 state-level primaries give Illinois voters no choice in candidates," asserts, "For judicial and state legislative races, 88 percent of primaries are uncontested, the most in the past 20 years. The number of primaries with a single candidate is also, albeit barely, at a two-decade high."

Adams cites John Shaw, director of the Paul Simon Public Policy Institute, for the proposition that "Illinois’ primary participation mirrors a national trend and is partially stoked by growing political polarization and state redistricting practices." According to Adams, Shaw thinks the "expectation of candidates to work across the aisle has decreased in recent decades, meaning that parties lean into ideology more."

Without a viable -- and competetitive -- two-party system, the primary becomes the election. And, whereas in happy days of yore, the ability to be a 'consensus-builder' was a good quality for a candidate facing a general election contest, where there is no general election opponent to face, who needs consensus? Compromise has now become a dirty word. If a candidate has appeal beyond the True Believers, this is seen as 'proof' that the candidate with potential cross-party appeal is really a MAGA Republican (not just any old Republican, mind you, but a MAGA Republican) in disguise. (The Downstate equivalent of MAGA Republican might be RINO, but as pejorative as RINO is meant to be, it may not be quite as insulting as MAGA Republican.) And, of course, heaven forfend if persons with money, who would otherwise be inclined, in a world with a viable two-party system, to invest in candidates of that other party, choose instead to invest some of their discretionary income supporting candidates whom they perceive as less antithetical to their interests than perhaps some other candidates.

After all, it is an outrage if THEY 'interfere' in OUR primary... although, obviously, it is perfectly acceptable for US to interfere in THEIRS. See, e.g., Darren Bailey.

You might think that, inasmuch as the primary really is the election, turnout for the primary should be on the upswing.

You might think this, perhaps, if you were from Mars.

Because that's not the way it works in reality, and it never has been. This year is no exception. The Cook County Clerk's Office says that there were 1,600,364 voters registered for this year's primary. Only 287,229 of them, however, bothered to show up at the polls, either on Election Day or before, at one of many early voting sites. Or returned a mail-in ballot. Lord knows, it's never been easier to cast a ballot, even as it appears ever harder to get voters to exercise their franchise.
In Cook County, no one risks death by going out to vote -- not like this Afghan lady in 2014 (photo source) who braved Taliban violence to exercise her franchise. Who knows what retribution she and other Afghan women have had to endure, now that the Taliban is back in power, as a result of simply going out to vote? (Never mind who she might have voted for.) In Cook County, now that patronage is gone, no one even risks their job by voting. And we had an 18% suburban turnout for what really will be the decisive election this year.

Admittedly, the City turnout appears to have been better: 390,697 City residents voted, according to the Chicago Board of Elections, out of a total of 1,509,554 eligible voters. That works out to 25.9%. Make it 26% if you want.

I can't know why there was a better (relatively speaking) turnout in the City than in the suburbs. My guess -- which I would prefer to characterize as considered opinion, or at least as informed speculation -- is that Bring Chicago Home brought some more Chicagoans out than might have come out otherwise. But put the numbers together and you find that 677,926 voters cast ballots in Cook County as a whole, out of a total of 3,109,918 registered voters. That's a 21.8% turnout. Over three in four of your neighbors could not be bothered to vote.

Why?

I blame voter suppression.

Voter suppression is supposed to be something that only THEY do. WE might move polling places, or consolidate precincts, but when WE do it, it is merely wise stewardship of taxpayer dollars.

But that's not the only kind of voter suppression.

Now, friends, I know you have never missed an election ever. I would venture to guess that most FWIW readers were student council nerds in high school. I was.

Most FWIW readers know that, in 1994 and 1996, I was thoroughly thumped at the polls in my wildly unsuccessful judicial bids. Before I ran, I'd always gotten a little Christmas-morning-type thrill on election days. I still got that little thrill, even after my losses. It was exciting to participate in the continuing American experiment, to do my sacred duty, and to greet friends and neighbors doing theirs. In recent years, with FWIW, I'd be online almost all day on election days (especially primary days), posting palm cards sent in by readers during the day, and then following the returns with rapt attention at night.

I hated the commercials, of course. I'm no fan of early voting, but I've often said that, if voting early would make my TV stop showing political commercials, I'd be camped out at the Super Site, waiting for it to open on the very first day. Sadly, it doesn't work that way.

Negative commercials are an insidious form of voter suppression. The effects are cumulative.

Smith (or political action committees supporting Smith but absolutely not coordinating with the Smith campaign) don't run attack ads against Jones in order to fire up likely Smith voters; Smith's voters weren't going to defect to Jones in any event. Nor do they pillory Jones in hopes of attracting Jones voters to Smith's banner; Jones voters are unlikely to see any imperfections in their candidate as a reason to support Smith instead. But -- and this is the reason why Smith and Smith-friendly groups attack Jones in the first place -- the incessant drumbeat of accusations, the sly innuendos, the grayed-out and unflattering photos -- all these may persuade some Jones supporters to simply stay home. They'd never vote for Smith... but Jones is not worthy of their support either.

The Smith campaign would call this smart politics; the Jones partisans might see themselves as victims of a voter suppression tactic.

Not that it will stop the Jones campaign (and/or totally not coordinating third parties) from launching attacks on Smith that are at least equally vicious. And equally discouraging to potential Smith voters.

And so it goes, back and forth, forth and back. Election cycles end, candidates come and go, but attack ads go on forever.

There is a danger of projection here.

We do this all the time: Some of us think that people stay home because they are satisfied with how the system is working, and who is being elected, and the policies they initiate. Others think people stay home because they have given up on the system: They are alienated from everyone running, and anyone elected, and hostile to every policy.

I don't like negative ads, so I imagine that three out of four of my neighbors must feel the same way... and that's why they stayed home on the Feast of St. Joseph.

Of course, I can't know that. Not for sure. And I certainly can not, and do not, claim it explains all of those who stayed home.

And there are scholars, apparently, who argue that negative campaign ads may actually stimulate turnout. As Mark Twain said, there are lies, damned lies, and statistics. We can prove anything with numbers these days, especially since no one knows math. Inflation really is under control -- just as long as you don't compare receipts on successive trips to the grocery. And the economy is really booming, the empty storefronts everywhere notwithstanding. Who are you going to believe? Scholars? Or your own lying eyes?

I choose to believe that the cumulative effects of all those smears, all that mud, hurled back and forth during every commercial break on every TV program, must depress election turnout. Because -- think for a moment -- what is the alternative? Turnout would have been less than 21.8% without the negative ads? (Statewide, turnout was an abysmal 19.07%.)

The health of our political system depends on an informed, engaged electorate.

As presumably all FWIW readers know, the abbreviation "GOTV" means "Get Out The Vote." This term is not typically used in a League-of-Women's-Voters-let's-get-everybody-out sense, but, rather, in a cynical, Orwellian way, meaning only "Get Out OUR Vote." The "T" is silent. Silenced. Let THEM get out THEIR voters, if they can, we murmur smugly to ourselves. WE will focus on getting out OUR voters... and only those we know we can count on.

That's one truism that seems to have stayed true: The smaller the turnout, the better success rate for the slated candidates. The Democratic Party's countywide slate was almost unanimously successful this year -- and in the one race not carried by the Party, several committeepersons supported the non-slated candidate. The Party has shown that it knows how to win. But does all this winning really indicate a healthy society, when between 3 out of 4 or 4 out of 5 potential voters stay home? I respectfully submit that we ex-student council nerds, who swim in the sewage of Twitter/X, can not maintain the system entirely on our own. And, because of who we are, we will be the last to notice that our system is crumbling around us. As we are led up to the wall to be shot, some of us will still be whining, "but we won the last election!"

And, here, finally, is where lawyers and judges can step up and set a good example. (And, I believe, to continue to set a good example.)

It is not enough to "win." In fact, winning (while it would be nice) isn't even that important.

The old saying, "it's not whether you win or lose, but how you play the game that counts," should apply to all elections, though it obviously does not. This rule has applied -- mostly -- to Cook County judicial elections through the years I've been paying attention. There have been some exceptions -- I've railed about some very unfortunate mail pieces, for example.

I've told this story in every subsequent election cycle: In 2008, when I first published bar ratings here on FWIW, I got an almost immediate call from a candidate who was quite agitated about a rating that I'd attributed to his opponent. "You wrote she was rated Qualified," he fumed. "She was not rated Qualified!"

"Hold on," I said, as I scrolled through the post and fumbled with the source material on my desk (I'd printed it out so that it would be easier to transcribe), but my agitated caller would not be put off: "Do you see yet?" he demanded. "She was not rated Qualified; she was rated Highly Qualified. You have to fix that!"

Imagine that happening in a race for state representative.

This attitude, though, is what we need in all elections, at all levels, from all candidates. This spirit still largely prevails in judicial elections although -- with the increased money devoted to these campaigns, and the various consultants who now help direct campaigns -- some of the scorched-earth attitudes of candidates further up the ballot has begun to sink down to the judicial races. This must be resisted at all costs, if only out of naked self-interest: The loser today may have to appear before the winner tomorrow.

If judicial campaigns can remain oases of civility and even gentility, maybe these good qualities can rise up on the ballot and into other races as well. Cross-contamination, if you will. Judicial candidates can lead the way -- and thereby un-supress some voters. At least they can try. And when good lawyers realize that our judicial elections are not the cesspools that races for other spots on the ballot are, perhaps more of them will come and enter the lists again, too. We would all benefit from that.

Tuesday, February 13, 2024

Raw numbers to chew on

Updated, with correction, 2/14/24

I started moaning about this last November.

I was (and remain) distressed by the fact that so few candidates came forward to seek election to the bench in Cook County. No less an authority than Dr. Albert J. Klumpp, a PhD in public policy analysis with a national reputation for his expertise on judicial races, said I was late (as usual) in figuring out the trend. He wrote, in a comment, "I made this very point four years ago in the CBA Record--that the number of canididates per judicial vacancy has been dropping substantially over the years. In the 1990s there were 4.7 candidates per vacancy; in the 2000s there were 4.0, and in the 2010s there were 2.9. What we're seeing here is just more of the same trend. I don't claim to know what's causing it, but somebody had better start looking into it because we're nearing the point where unqualified people can help themselves to judgeships just by putting their names in."

A couple of readers added comments that the judicial pension today is not as sweet as it was back in the day. Which is absolutely, objectively true. Just the other day, I was talking to a friend who mentioned that a recently-elected judge of his acquaintance told him he was never going to retire: The Tier 2 pension benefits just weren't worth it, he said.

Gosh.

In the private sector, for most people, pensions went the way of the dodo by the mid-1980s. Tier 2 not enough? Really? For a lot of us, any pension would be more pension than we are ever going to get.

Maybe the pension benefits do factor in, somehow.

But it occurred to me that there may be a bigger picture here.

I'd been nursing a hypothesis for some time now, but I didn't want to mention anything until the final numbers were in.

But I think it's fair to compare now. These numbers are from the ISBE website. Let's look at total numbers of candidates, statewide, in presidential primary years:
  • 2000 - Total number of primary candidates... 1236
  • 2004 - Total number of primary candidates... 1584
  • 2008 - Total number of primary candidates... 1657
  • 2012 - Total number of primary candidates... 1278
  • 2016 - Total number of primary candidates... 1755
  • 2020 - Total number of primary candidates... 1221
  • 2024 - Total number of primary candidates... 909
There's a drop-off in candidate numbers that Tier 2 judicial pensions alone cannot explain.

Something's broken here. And not just in judicial elections. What do you think it is? How do you think we can fix this?

I'll hang up now and listen for your answers.

Try to give me comments I won't have to flush.

Friday, February 02, 2024

Two weeks left for entries in District Court's Justice Inspired contest

Admittedly, the first half of this sentiment probably won't make the cut in this year's courthouse beautification initiative called Justice Inspired, sponsored by the United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association:

via GIPHY

Although... the world would be a whole lot better place if more people were excellent to each other.

But I digress, and time grows short.

The District Court and the FBA are inviting all kindergarten through grade 12 teachers to engage their students in submitting quotes on behalf of their classes or classrooms that will be engraved and installed on walls inside of the Everett McKinley Dirksen United States Courthouse. (Thus, sentiments that do 'make the cut' really will.) Teachers may submit one quote per class or classroom.

The Court and FBA are seeking quotes that inspire justice, peace, equality, fairness, inclusion, redemption, freedom, community, and other ideals and/or reflect upon the significance of debate, the law, courts, and the constitution to democracy and to our nation. Quote sources may include but are not limited to historical and contemporary figures, literary works, or musical compositions.

Teachers are encouraged to use the project to engage students in the following:
  • when studying the works of a particular artist, musician, or writer,
  • when learning the biography of historic or contemporary figure,
  • when examining history, or
  • when discussing contemporary issues and current events.
Classes that submit a winning quote will be awarded, c/o the teacher, a $450 Amazon gift card and a replica of their recommended quote.

The deadline for submissions is Friday, February 16, 2024.

Submissions should be emailed using the submission form. Click HERE to download the entry form.

Email completed entry forms to: Education@ilnd.uscourts.gov

A committee comprised of Judges from the Northern District of Illinois, members of the FBA and members of the Northern District of Illinois Historical Association will select from among the submitted classroom entries. Winners will be notified the week of March 4, 2024.

There are, of course, some provisos, a, a couple of quid pro quos: Schools must be in the Northern District of Illinois. The Northern District of Illinois includes the following counties: Cook, DuPage, Grundy, Kane, Kendall, Lake, La Salle, Will, Boone, Carroll, DeKalb, Jo Daviess, Lee, McHenry, Ogle, Stephenson, Whiteside, Winnebago.

Teachers may submit one entry per classroom or class period. Quotes should be no more than 25 words, not including the source of the quote. If duplicate entries of a single quote are submitted by multiple teachers and that quote is selected as a winning quote, the quote with the best reason as to why it was chosen will be deemed the winner.

I am keenly aware that most FWIW readers are not K-12 teachers. But I would bet that FWIW readers have family members who are, or neighbors, or friends. Share this with them. And, if the above and foregoing rules and regulations are insufficient to answer any lingering questions your teacher friends and relations may have, email inquiries may be directed to Lauren_Thiel@ilnd.uscourts.gov.

Tuesday, November 28, 2023

The Bill of Rights and You: U.S. Courts celebrate the Anniversary of the Bill of Rights

Six students from the Northern District of Illinois are among the finalists for this year's U.S. Courts Bill of Rights Day Student Contest.

All of the local finalists -- Carmella Ramirez, Chloe Hart, Frank Lis, Kindyll Thompkins, Scarlett Haughey, and Yayden Waterhouse-Castro -- entered in the Middle School Essay competition.

Winners in this competition, and in the Middle School Art, High School Essay, and High School Art competitions, will all be announced in an online "virtual event" on Wednesday, December 6, from 6:00 to 7:00 p.m. In addition to Illinois, there are finalists from Wisconsin, Missouri, Arkansas, North Dakota, and Indiana.

Which explains one reason why the event is online.

But the event is also online to give all fans of American civics an opportunity to hear from a panel of federal judges who use the Bill of Rights every day.

And, as lawyers, I hope we are all civics fans. And supporters of the Bill of Rights, too.

Heaven knows, as does anyone who spends any time online, that there are quite a few people, and maybe even some lawyers, who could use a refresher course in civics... and the Bill of Rights.

Registration is required for this event. Click here to register for the Zoom link.

This year's Bill of Rights Day Student Contest is sponsored by the United States Courts of Appeals along with the United States District Courts in the Seventh and Eight Circuits and is hosted by the Judicial Learning Center.

First proclaimed by President Franklin D. Roosevelt in 1941, Bill of Rights Day is observed annually on December 15. It commemmorates the date (December 15, 1791) on which the first 10 amendments to the U.S. Constitution were deemed adopted.

Monday, October 23, 2023

CBA Lawyers in the Classroom Civic Education Appreciation Awards presentation set for November 2

The Chicago Bar Association's Edward J. Lewis II Lawyers in the Classroom Program will hold its Second Annual Lawyers in the Classroom Civic Appreciation Awards ceremony on Thursday, November 2, from 5:00 to 7:00 p.m., at the CBA Building, 321 S. Plymouth Ct.

The program will honor and celebrate the Lawyers in the Classroom program teacher and attorney team partners.

Tickets for the event are $50 each and are available at this link.

Wednesday, November 09, 2022

The maps won

In this data-driven age, as long as the politicians get to select their own voters by drawing the maps, the maps will pretty much always win. Election outcomes are essentially determined at the redistricting stage.

Statewide, some 54% or 55% of the voters supported the Democratic Party's sweep of statewide offices (I believe Comptroller Susan Mendoza may have led the ticket with something like 57% of the vote). If legislative maps were proportinately drawn, Democrats should expect to receive 64 seats in the 118-member Illinois House and 32 or 33 seats in the Illinois Senate -- a comfortable majority, but not veto-proof. But, thanks to the superb cartographic skills of the Democratic Party's map-makers, Democrats will again enjoy supermajorities in both houses.

With proportionate maps, there might have been as many as seven or even eight Republicans sent to the U.S. House from Illinois. But with the maps we have, with what look like straws snaking into Cook County's seemingly inexhaustible fund of Democratic votes from all directions, there will be perhaps three Republicans in Illinois' 17-member delegation.

In Texas or North Carolina this would be denounced as gerrymandering. Here...? I guess here you'd best just call it good politics.

But the Democratic Party's mapmakers faced a real challenge this year.

When Tom Kilbride's Supreme Court retention bid failed in 2020, the possibility of a 4-3 Republican majority on the Illinois Supreme Court became more than theoretical. While Cook County has long been a Democratic bastion, and while the collar counties have been turning and trending Blue and Bluer for several election cycles, the rest of the State has turned more correspondingly Red. Republican victories in the then-existing Second and Third Judicial Districts seemed likely.

So the Illinois Democratic Party had to redraw the Supreme Court districts.

But the 1970 Illinois Constitution posed some significant obstacles for the map-makers: Cook County IS the First Judicial District, according to the Constitution. It cannot be broken up into chunks, even for the noble purpose of protecting a Democratic majority on the Illinois Supreme Court.

There was only one option: The collar counties had to be shuffled in a way to maximize the Democratic Party's chances. In 2018 Pritzker won the counties comprising both the new Second Judicial District (DeKalb, Kendall, Kane, Lake, and McHenry Counties) and the new Third Judicial District (Bureau, LaSalle, Grundy, Iroquois, Kankakee, DuPage and Will Counties). Thus, the map-makers thought they had a shot at both new seats.

They may well have been right.

Lake County Judge Elizabeth Rochford defeated former Lake County Sheriff Mark Curran to win the new Second Judicial District seat.

And, judging by results posted online this morning by the respective county clerks, it appears that Appellate Court Justice Mary K. O'Brien is going to defeat appointed Supreme Court Justice Michael Burke, albeit by only about 8,000 votes:
And the margin of defeat, if the numbers hold, will have come from DuPage County, where Burke is from.

------------------------------------------------
UPDATE: O'Brien has claimed victory.

Wednesday, October 19, 2022

Reminder: Deadline for Bill of Rights Day Student Contest is October 30

The United States Courts of Appeals along with the United States District Courts in the Seventh and Eighth Circuits are hosting the third annual Bill of Rights Day Contest and students in Grades 5-12 are encouraged to enter before the 5:00 p.m., October 30 deadline.

I don't suppose that FWIW draws many readers from middle school or high school (although this might explain some of the comments received here and duly flushed away) -- but I would wager that a great many regular FWIW readers know teachers of students in the aforementioned grades or, perhaps, have students in these very grades consuming comesitbles under their very roofs. Get creative, people. If we can draw any lesson from the miserable political climate in our home state and country, it is that proper civic education, in generous doses, is sorely needed.

Detailed contest prompts, guidelines, and online submission form can be found at this link.

More information (summarizing the contest) may be found at this prior FWIW post.

Tuesday, August 30, 2022

Courts of Appeals and District Courts in Seventh and Eighth Circuits host 3rd Annual Bill of Rights Day Contest for students in grades 5-12

Admittedly, this runs a little far afield for FWIW fare, but the court sponsorships are the hook that makes this post relevant to FWIW readers.

We probably don't have too many students in grades 5-12 stopping by here on a regular basis, although surely some teachers do, and a number of FWIW readers have teachers in their lives with whom this post might be shared.

The idea is to get kids thinking about, and creating art and essays about, the importance of the Bill of Rights. That is a good and useful thing to do.

One grand prize winner from each of two age groups, grades 5-8 and grades 9-12, will recieve a $500 cash prize and the opportunity to take part in a vitrual event on Wednesday, December 7 with Federal judges and other experts, and have their name and submission shared on the websites of the participating United States District Courts. Semi-finalists from each District Court will receive a $50 prize.

The deadline for submissions is 5:00 p.m. Sunday, October 30.

Semi-finalists from each district will be notified before Thanksgiving and grand prize winners will be announced at the December 7 virtual event.

Teachers have an additional incentive to encourage their charges to enter this contest: When a teacher's name is included on the student's submission, the teacher will be entered into a gift card raffle. Teachers get additional chances in the raffle for each submission made by one of their students.

Of course there are a host of rules and regulations that contestants will have to navigate in order to make their submissions. But this page will provide that information for interested students and teachers.

LIC volunteers sought; September training sessions announced

The Chicago Bar Association's Edward J. Lewis II Lawyers in the Classroom Program has placed attorney voluneers in grammar school classrooms for over 30 years now, helping students "to better understand the U.S. Constitution, our legal system, and law-related careers," according to the program webpage.

To prepare for the academic year just underway, the LIC is requesting all interested attorneys (and returning volunteers) to sign up for one of two Attorney Information and Training Sessions. Both will be conducted online, one on September 9, and the other on September 16. The links in the preceding sentence will take interested persons to registration forms for the specific date.

According to the LIC, these sessions are intended "to prepare attorneys for their classroom assignments, [and] will focus on classroom standards, curriculum, collaboration with teacher partners, useful teaching strategies and how the program will be administered this school year."

For questions about the program, contact LIC Director Tiffani Watson at twatson@chicagobar.org.

Wednesday, April 13, 2022

Entries for Law Day Youth Civics Contest videos to be accepted through April 21

The United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association are sponsoring the 2nd annual Law Day Youth Civics Contest. Law Day is celebrated on May 1st each year.

To celebrate Law Day, students enrolled in 6th through 12th grades are invited to submit a video recording which answers the question, “why is judicial diversity important?” Videos may not exceed two and a half minutes and must be the original work of the student or students submitting.

Group entries are permitted, but if selected as a winning entry, only one prize will be awarded to the group. All members of the group must be in the same grade level cohort (6th - 8th or 9th - 12th), and each member must submit an entry form. The first completed form submitted by a group will be sent any award winnings.

Submissions will be accepted through 11:59 p.m. on Thursday, April 21, 2022. Entries will be judged on how they demonstrate understanding of constitutional principles, clarity and effectiveness in expressing the theme, and originality/creativity.

A first ($500), second ($250), and third ($100) place winner will be awarded from each grade level cohort (6th-8th grade, 9th-12th grade). The teacher or organization leader (i.e. scout leader or club advisor) who referred winning students to the contest will receive a $50 Target gift card for classroom or club materials.

Winners will be announced the week of May 9, 2022.

Fillable entry form can be downloaded here.

Video entries and entry forms must be submitted via this link.

Missing the submission deadline, providing a false or incomplete entry information, or not residing within the district are all grounds for disqualification. Entries by children, step-children, grandchildren, siblings of employees of the U.S. District Court for the Northern District of Illinois will not be considered.

The Northern District of Illinois includes the following counties: Cook, DuPage, Grundy, Kane, Kendall, Lake, La Salle, Will, Boone, Carroll, DeKalb, Jo Daviess, Lee, McHenry, Ogle, Stephenson, Whiteside, Winnebago.

Contest entries may be posted on court websites and materials, in the court history museum, and shared with outside organizations.

For questions, please contact education@ilnd.uscourts.gov.

Wednesday, March 24, 2021

Still time to enter Law Day Youth Civics Contest

The United States District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association are reaching out to educators, students, parents, "fans of American Civics", and aspiring filmmakers about their inaugural Law Day Youth Civics Contest.

Law Day is celebrated on May 1st each year and celebrates the role of law in our society and aims to foster greater understanding of the legal profession.

To celebrate Law Day, students enrolled in 6th to 12th grades are invited to submit a video recording which answers the question, “why are the courts important?” Videos may not exceed two minutes and must be the original work of the student/students.

Group entries are permitted, but if selected as a winning entry, only one prize will be awarded to the group. All members of the group must be in the same grade level cohort (6th to 8th or 9th to 12th), and each member must submit an entry form.

The deadline for submissions is 11:59 p.m. on Wednesday, March 31, 2021. Entries will be judged on how they demonstrate understanding of constitutional principles, clarity and effectiveness in expressing the theme, and originality/creativity.

A $500 first-place winner, a $250 second-place winner, and a $100 third-place winner will be chosen from each grade level cohort (6th to 8th grade, 9th to 12th grade). The teacher or organization leader (i.e. scout leader or club advisor) who referred winning students to the contest will receive a $50 Target gift card for classroom or club materials.

Winners will be announced the week of April 26, 2021.

The fillable entry form can be downloaded here. Video entries and entry forms must be submitted here.

Here's the fine print:

Missing the submission deadline, providing false or incomplete entry information, or not residing within the district are grounds for disqualification. Entries by children, step-children, grandchildren, siblings of employees of the U.S. District Court for the Northern District of Illinois will not be considered.

The Northern District of Illinois includes the following counties: Cook, DuPage, Grundy, Kane, Kendall, Lake, La Salle, Will, Boone, Carroll, DeKalb, Jo Daviess, Lee, McHenry, Ogle, Stephenson, Whiteside, Winnebago.

Contest entries may be posted on court websites and materials, in the court history museum, and shared with outside organizations.

Questions about the contest may be sent to education@ilnd.uscourts.gov.

Friday, October 10, 2014

Today's civics lesson: Sorority did not 'infringe' on college newspaper's 'First Amendment Rights'

The Chicago Tribune reports this morning that five members of an Elmhurst College sorority are in trouble with school authorities for swiping 800 copies of the Elmhurst College Leader (over half of the paper's bi-weekly 1500-issue press run) and dumping the pilfered papers in trash cans and compost bins around campus.

According to Annemarie Mannion's Tribune story, the Rho Theta chapter of the Phi Mu sorority had been investigated by the national organization because of hazing allegations. The national determined, and the Leader reported, that the hazing allegations were unfounded but, according to the Mannion's account, quoting Desiree Chen, a college spokeswoman, "I guess they were still upset about it."

The editor of the college paper, Zachary Bishop, is quoted in Mannion's story as well, as saying he was saddened "to see our work tossed out just because a couple of people didn't like what we wrote."

But Bishop also said, "It seems like they were trying to censor us, and they infringed on our First Amendment Right of Freedom of the Press." And the college spokesperson, Ms. Chen, is also quoted as saying, "This was an attack on [the newspaper's] First Amendment rights. They were right to protest it."

And thus we see the need for a civics lesson. Because the editor and the school spokesperson could not be more mistaken.

The First Amendment says, "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...." The First Amendment has been recognized as expressly applicable to the states through the due process clause of the 14th Amendment since at least Near v. Minnesota, 283 U.S. 697, 51 S.Ct. 625, 75 L. Ed. 1357 (1931). Therefore, unless the five sorority girls who allegedly swiped the newspapers can be somehow made into agents of the government (government actors), they did not violate the newspaper's First Amendment Rights.

Young Mr. Bishop also said the sorority girls were out to "censor us."

But, again, this is not so. The City of Chicago used to censor films shown within the City limits. The FCC censors what may be seen or said on prime-time TV. To be a censor one must have legal or at least de facto authority to determine what other people may see or read or hear. The sorority girls were presumably not authorized by anyone, other than themselves or possibly other members of their sorority (Mannion reports that another investigation is underway), to swipe the newspapers.

If the girls are guilty of swiping the newspapers as alleged, they are not censors. They are thieves. Vandals, perhaps. They may be guilty of converting the school newspaper's property. And it was a dumb and stupid thing to do, besides.

College students (and college spokespersons) and, certainly, newspaper reporters should know the difference between censorship and 'infringing' someone's First Amendment rights and theft. And the rest of us should as well.

Friday, January 18, 2013

Law professors may need civics courses, too

The Pro Say Blog, the blog of the Illinois Supreme Court Commission on Professionalism, ran a post this week by Suzanne Schmitz, a Professor Emeritus at the SIU School of Law, entitled "Why Care About Civics."

Professor Schmitz thinks we should care, and so do I.

One of her several sound suggestions as to how lawyers should encourage civics education is that lawyers should volunteer to help teach civics in the schools.

I suppose Professor Schmitz had high schools and grammar schools in mind. But I wonder if she might be interested in taking the message about the need and value of civics to the law schools -- Georgetown Law School in particular. One of her fellow professors appears to be in need of some remedial education.

Professor Seidman
A Georgetown constitutional law professor, Louis Michael Seidman, wrote an op-ed piece for the New York Times on December 31 entitled, "Let’s Give Up on the Constitution."

No, I didn't believe it, at first, either. A friend of mine sent me an email about the article, but he didn't include a link to the source. Besides, this friend is often in full high dudgeon about any number of things, most of which don't check out at Snopes.com. The whole idea -- a constitutional law professor who has no use for the Constitution -- struck me as the sort of absurd thing The Onion might come up with on a slow day.

And then I saw a January 3 story by Debra Cassens Weiss on ABA Journal Law News Now, entitled "Law Prof Who Urged Abandoning the Constitution Gets Abusive and Threatening Emails." There really is a Professor Seidman; his Georgetown faculty bio identifies him as the Carmack Waterhouse Professor of Constitutional Law. He's a graduate of the University of Chicago and Harvard Law School. He clerked for Thurgood Marshall.

Apparently this Seidman guy was serious. I went and read the Times article.

Professor Seidman might benefit from Professor Schmitz's civics course. And a remedial course in history, too. Yes, the Constitutional Convention of 1787 was originally convened to consider amendments to the Articles of Confederation, not to write a whole new charter. For him, that was disobedience right from the outset. But, although amendments might only involve moving a comma here or changing a verb tense there, amendments can also be complete and total. (Seidman should track a shell bill through the Illinois General Assembly sometime.) And then, Seidman says, no sooner did we adopt the Constitution, than we began to ignore it.

Granted, as Seidman writes, in every question of national import since 1789 one side or the other (and sometimes both sides) have charged that the other was ignoring, or subverting the Constitution. That does not mean that the shouters are right. The genius of the Constitution has always been that it does not purport to address all situations. Rather, it provides the framework against which our policy decisions may be measured, evaluated, and sometimes even tempered and blunted or even rejected.

Seidman writes, "What has preserved our political stability is not a poetic piece of parchment, but entrenched institutions and habits of thought and, most important, the sense that we are one nation and must work out our differences."

Well, the words of the Pledge of Allegiance notwithstanding, America is not now, nor has it ever been, truly, "one nation" -- not like other nations. And I do not refer solely to federalism, to "E pluribus unum," although law professors shouldn't have to be reminded of such things. However, a typical nation is defined in terms of one particular people in one particular place. A motherland. A fatherland. The people living in that place belong to a single tribe. One ethnicity. No outsiders need apply. Case in point: A westerner can live in Japan. He can learn Japanese. He can eat Japanese foods. If he can hit a curve ball he may even become a hero to Japanese baseball fans. But he can not become Japanese. He will always be a gaijin.

But a Japanese person, or anyone else, can come to America and be an American. We aren't a homogenous people -- and we don't have to be because we are 'a nation of laws, not of men.' By that we mean that we are a nation built on principles and ideas, not on tribal identity. Thus, America is not "one nation" like other nations, where we can fall back on ties of kinship and blood to paper over our differences when these arise. What binds our nation together are our common ideas, about the equality of persons before the law, about equal opportunity, about worth and merit being the basis of advancement, not birth and money. That is what distinguishes us among the nations of the world. As former President Theodore Roosevelt wrote, just before his death in 1919, "we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin." The most important expression of our commonly shared ideas is our Constitution.

If we concede, for Professor Seidman's sake, that we haven't always scrupulously obeyed the Constitution, that does not mean we should then abandon it. Our history is certainly replete with examples of how we've failed to live up to our ideals (see, for just one example, our treatment of Japanese-American citizens in World War II), but that does not mean we should now jettison them. Our challenge going forward is to better live up to our founding principles -- as embodied in our Constitution.

If our laws are the timbers of our Ship of State, the Constitution surely is the keel. We can not abandon the keel without the ship falling apart. That "poetic piece of parchment" is central to what makes America the hope of the world. Properly understood -- and obeyed -- it will keep our Ship of State on course for many centuries to come.