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Posts Tagged ‘Constitution’

Earlier this year, an Akron Ohio Mom (Kelly William-Bolar) was ordered to jail for allegedly “falsifying documents” that permitted her daughters to attend a school in the next district over. Not fined, jailed! She used her father’s address for residency purposes because she did not want her daughters attending a presumably dangerous school which, according to a CNN report, had “only met 4 of the 26 standards of the Ohio Department of Education Report Card.” She wanted her daughters to receive a quality education in a safe environment, and knew that would not happen in the school located closest to her home.

There are so many thing wrong with this decision, I don’t know where to begin.

1. According to the school’s superintendent, Brain Poe, “If you’re paying taxes on a home here… those dollars need to stay home with our students.” What if you are not paying taxes on a home, what if you live in an apartment in his district? Does that mean apartment dwellers are ineligible to attend his schools? Does it mean that if you do not have school-age children you do not have to pay the portion fo the property taxes attributable to the schools in your district? Seriously Poe?

2. The Mom was alleged to have “defrauded” the school district out of $30,000. If the schools are equal throughout the state, why would this one cost $30,000 more than the one that her daughters were to attend by law? This doesn’t make any sense.

3. Why are school districts who claim to be so desperate for money hiring private investigators to torment private citizens? Is there no right of privacy left in the United States? This school, a governmental agency, was spying on a private citizen. Didn’t the Judge in this case even remember that this Mom has a Constitutional right to privacy and certainly not to be spied on by the government. Doesn’t the School District have liability here for a warrantless search and privacy violations?  

4. The Supreme Court of Ohio has declared the way public schools there are financed is unconstitutional FOUR times. Does this case not prove that schools in poor neighborhoods are NOT equal to those in wealthier districts? How is this equal treatment under the law?

5. Finally, I can’t believe how obtuse this Judge was. First the Honorable Patricia Cosgrove indicates that SHE must follow the law as written and send this woman to jail for violating the law and then sends a letter to the State Department of Education indicating that William-Bolar’s teaching certificate should not be pulled. In other words, don’t uphold the law like I did. She actually has the nerve to tell another branch of government to break the law because of extenuating circumstances. If Cosgrove had been thinking when she handed down the sentence, she would have followed the intent of the law and taking into consideration the equities of the case.

Did she not see the irony of sending that letter? Worse yet, did she forget the Constitutional rights of this Mom?

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This past weekend I went to the LBJ Library & Museum on the University of Texas campus to view one of 25 copies of the “Broadside” Declaration of Independence. Because it was on a journey to only six cities, I was excited that Austin was one of them. According to the information provided by the Library, on July 4, 1776, the official printer of Congress, John Dunlap, printed 200 copies of the Declaration to be distributed throughout the colonies.

In doing a little research into repositories of copies of the Declaration and Constitution, I discovered a blog post by Zach Lowe on the Am Law Daily. A hand-written copy of a draft of the Constitution was recently uncovered by Lorianne Updike Toler who is one of the founders of the Constitutional Sources Project. This organization’s purpose is to make the documents relating to our country’s origin available online.

Toler came across this draft while perusing some of the 21 million documents in the Historical Society of Pennsylvania’s collection of documents. This version, previously unacknowledged, was handwritten by James Wilson, one of the drafters of the Constitution. (He was also a signer of the Declaration). It was found on several pieces of paper which had become separated entitled “The Continuation of a Scheme.”

All of these documents are so important to understanding, not just U.S. history, but how momentous in the world’s history this series of event was. It angers me when people say we can only fix our government by fixing the Constitution. There is nothing wrong with the Constitution. We don’t need to fix it; we need to enforce it.

http://amlawdaily.typepad.com/amlawdaily/2010/02/constitution.html

http://www.philly.com/philly/news/nation_world/20100202_Early_draft_of_the_Constitution_found_in_Phila_.html

http://www.consource.org/

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