my writing assignment
EDUC 200 1. After reading the article thoroughly, a. create a Microsoft Word document consisting of a title page, main body and reference page. i. The main body must be 2 paragraphs totaling at least 425 words excluding references. ii. The first paragraph must be a summary of the article with 3 or more supporting details and/or examples iii. The second paragraph must be your analysis of the contents of the article. Assess the strengths and weaknesses of the article. Determine whether you are in favor or disagreement with the author’s position and support this decision in the second paragraph. b. A minimum of 1 in-text citation must be included. Refer to the APA Basics in the Instructions for APA guidelines. Submit the Phi Delta Kappan Article Review by 11:59 p.m. (ET) on Monday of Module/Week 4. Julie unDeRWooD (Julie.
[email protected]) is a professor at the University of Wisconsin-Madison. UNDER THE LAW 44 Kappan September 2016 political figure, Scalia’s pass- ing brought mixed reviews of his work: “God bless Anthony Scalia, finest Sup Ct Justice RIP” (Rep. Michelle Bachman, Twitter) “The totally unexpected loss of Supreme Court Justice Antonin Scalia is a massive setback for the Conservative movement and our COUNTRY!” (Donald Trump, Twitter) “Justice Scalia was a defender of the Constitution, an important conservative voice in the court.” (Rep. Rand Paul, Twitter) “Today, our country has suffered a deep loss, Justice Scalia was one of the most consequential Americans in our history and a brilliant legal mind who served with only one objective: to interpret and defend the Constitution as written.” (Sen. Marco Rubio, press statement) But not all comments were favorable. “Antonin Scalia, who died this month after nearly three de- cades on the Supreme Court, devoted his professional life to making the United States a less fair, less tolerant, and less admirable democracy. Fortu- nately, he mostly failed. Bel- ligerent with his colleagues, dismissive of his critics, Justice Antonin Scalia had a profound effect on the U.S. Supreme Court, consistently adhering to and promoting, sometimes scornfully, a strict constructionist application of the U.S. Constitution. The U.S. Supreme Court has an incredible effect on American law and public policy and thus on our public schools. You cannot overstate its importance. The sudden death of any justice would cause a stir. But Antonin Scalia’s passing on Feb. 13, 2016, is of particular importance. He was one of the most influential justices on the most important bench in the United States. He is likely the best-known and most influential justice since William Brennan — an in- teresting irony, since the two were at opposite ends of the political spectrum. As would be true of any high-profile he blasted his colleagues, the parties, and/or the attorneys representing them. Justice Scalia had a pro- found effect on constitutional jurisprudence. This is true, generally and specifically, to education cases. On the major education cases, he consis- tently voted against using race in decision making, against claims related to the separa- tion of church and state, and in favor of greater restrictions on students’ rights. Here’s a closer look at some of these cases and his opinions. Religion Lee v. Weisman (1992). The Court held 5-4 that clergy- led prayers as part of a public middle school graduation ceremony were unconstitu- tional. Scalia wrote in dissent: “In holding that the Estab- lishment Clause prohibits invocations and benedictions at public graduation ceremo- nies, the Court — with nary a mention that it is doing so — lays waste a tradition that is as old as public school gradua- tion ceremonies themselves, and that is a component of an even more long-standing American tradition of nonsec- tarian prayer to God at public celebrations generally.” Lamb’s Chapel v. Center Moriches Union Free School District (1993). The Court unanimously held that the nostalgic for a world where outsiders knew their place and stayed there, Scalia represents a perfect model for everything that President Obama should avoid in a successor. ” (Jeffrey Toobin, New Yorker) Scalia joined the Supreme Court in 1986 as a Reagan appointee. Between 1986 and 2014, he was the deciding vote on 342 decisions, according to the Supreme Court database (http://supremecourtdatabase. org). He voted on the conservative side in nearly all of these decisions. When he was on the losing side of a decision, he often wrote a dissent. Sometimes, even when on the prevailing side of the case, he wrote a concurrence to make a particular point. In some written opinions, The legacy of Justice antonin scalia By JULIE UNDERWOOD Justice Scalia had a profound effect on constitutional jurisprudence. This is true, generally and specifically, to education cases. V98 N1 kappanmagazine.org 45 By Collection of the Supreme Court of the United States [Public domain], via Wikimedia Commons public school district violated the rights of a group by deny- ing them after-school access to the school to show a reli- gious film series. Scalia voted in the majority; he wrote a separate concurrence to criti- cize the traditional analysis used by the majority: “As to the Court’s invocation of the Lemon test: Like some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, af- ter being repeatedly killed and buried, Lemon stalks our Es- tablishment Clause jurispru- dence once again, frightening the little children and school attorneys of Center Moriches Union Free School District. . . . Over the years, however, no fewer than five of the cur- rently sitting Justices have, in their own opinions, personally driven pencils through the creature’s heart (the author of today’s opinion repeatedly).” Santa Fe Independent School District v. Doe (2000). The Court held 6-3 that student- led prayers at public high school football games violated the Establishment Clause. Justice Scalia joined in the dissent in this case. Mitchell v. Helms (2000). By 6-3, the Court upheld the use of federal funds to pay for ed- ucational materials in private religious schools. The court, in a plurality opinion, found no Establishment Clause violation where the materi- als were used in “secular, neutral, and nonideological” programs. Scalia voted with the plurality in a decision written by Justice Clarence Thomas, noting that there was no Establishment viola- tion just because many of the private schools receiving the funds were affiliated with a religion. Zelman v. Simmons Harris (2002). By 5-4, the Court upheld the Cleveland, Ohio, program of private school vouchers, including religious schools. Justice William Rehnquist wrote the opinion finding no violation of the Establishment Clause; Scalia joined the majority. Locke v. Davey (2004). The Court held 7-2 that states did not violate the First Amend- ment by excluding theology students from public schol- arships. Scalia, joined only by Justice Thomas, wrote in dissent, “When the state withholds a benefit from some individuals solely on the basis of religion, it violates the Free Exercise Clause no less than if it had imposed a special tax. That is precisely what the state of Washington has done here. It has created a generally available public benefit, whose receipt is conditioned only on academic performance, income, and attendance at an accredited school. It has then carved out a solitary course of study for exclusion: theology.” Arizona Christian School v. Winn (2011). The Court upheld 5-4 an Arizona law allowing tax credits for contributions made to school tuition organizations that pro- vide scholarships to students attending private schools, including religious schools. Scalia’s concurrence dealt with the taxpayers’ standing to bring the action to court. Discrimination United States v. Virginia (1996). The Court struck down 7-1 the exclusion of women from the Virginia Military Institute, a public higher education institution. Scalia was the lone dissent: “Today the Court shuts down an institution that has served the people of the Common- wealth of Virginia with pride and distinction for over a century and a half. . . . As to the facts: It explicitly rejects the finding that there exist ‘gender-based developmen- tal differences’ supporting Virginia’s restriction of the ‘adversative’ method to only a men’s institution, and the His passion for a strict construction of the Constitution was clear in his writing. He voted in the majority in many opinions but was not a “swing” vote since his direction never varied. He was a steadfast conservative strict constructionist. 46 Kappan September 2016 act in loco parentis with the power and indeed the duty to inculcate the habits and manners of civility. Thus, while children assuredly do not ‘shed their constitutional rights . . . at the schoolhouse gate,’ the nature of those rights is what is appropriate for children in school.” Board of Education of Pot- tawatomie County v. Earls (2002). The Court upheld 5-4 a school district policy re- quiring all students wishing to participate in extracurricular activities to submit to random drug testing, i.e. urinalysis. Scalia joined the majority opinion. Morse v. Frederick (2007). The Court upheld 5-4 school administrators’ ability to punish a student for display- ing the banner “Bong Hits 4 Jesus” at a school function. Scalia joined the majority opinion. Since his death, his absence has been obvious on the