Blue Cereal's blog

The Interstate Commerce Act & The ICC (from "Have To" History)

Three Big Things:

1. After several states attempted to limit the power of railroads and grain storage facilities on behalf of farmers and other citizens, Congress passed the Interstate Commerce Act (1887). This established the Interstate Commerce Commission (ICC) to regulate railroads, including their shipping rates and route choices.  

2. The ICC was the first federal regulatory agency; it’s “success” spawned hundreds of others in subsequent decades. When you hear people complain about “big government,” these are a big part of what they mean. At the same time, they remind us that economic systems are not natural rights; they’re practical mechanisms designed to serve the largest number of people in the most efficient ways possible – at least in theory.

3. Ideally, regulatory agencies attempt to balance the good of society and the general public with the rights of companies to make reasonable profits from providing useful goods and services. They oversee “public services” – things considered essential for most citizens but which don’t easily lend themselves to a competitive marketplace due to the infrastructure required or the necessary scale of the service.

The XYZ Affair (from "Have To" History)

Three Big Things 

1. France was mad because the U.S. was making nice with England, who France had only recently helped them break away from and who France hated most of the time anyway.

2. U.S. efforts to make nice with France led to serious drama when French representatives (code names “X,” “Y,” and “Z”) made demands the U.S. contingent found offensive.

3. The resulting kerfuffle led to a “Quasi-War” abroad and more pronounced divisions between political parties at home before being resolved by a new round of diplomacy and a new treaty. The dispute also prompted the Federalists to push through the infamous Alien and Sedition Acts (which didn’t turn out all that well).

Can You Teach Us?

Darth TeacherPublic education has been overlooking – or worse, neglecting – a golden opportunity to improve. It’s not only been right in front of us all along, it’s been kicking us and taking our lunch money! And yet, somehow, where we should have recognized an opportunity, all we’ve seen is a competitor. In some cases, maybe even a threat.  

"Have To" History: A Wall Of Education

H2H Wall of Education CoverIt's dangerous to start pushing a book when I haven't seen the physical final product yet. I learned last time that no matter how many weird formatting issues, overlooked typos, and random nude shots you're POSITIVE you've resolved, there are always a few more waiting to be discovered once you've started promoting the thing and your entire sense of self-worth is on the line. And yet, I'm pretty happy this one is finally "live," no matter what minor edits may be necessary down the road...

Barbed Wire (from "Have To" History)

Three Big Things:

1. Barbed wire became the fencing of choice in the west after the Civil War. It was relatively cheap, withstood a wide range of conditions, and held back the biggest, most stubborn livestock.

2. Barbed wire favored homesteaders moving west, who tended to be small farmers. It threatened, and eventually helped destroy, the mythical “open range” and cowboy culture.

3. Barbed wire is rarely asked about specifically in history standards; it’s central to a wide variety of stuff that is, however.

What's In A Blaine?

Know Nothing Flag

While it was not always mentioned by name, several major decisions of the Court in the early 21st century very much involved the history and potential future of the “Blaine Amendment.” Blaine is a general label applied to various provisions in 37 different state constitutions limiting or prohibiting the use of state funds to support religious organizations or sectarian activity. The precise wording and application vary from state to state, and 13 states don’t have one at all. Most Blaine Amendments are actually sections or clauses in their respective state constitutions and not “amendments” at all, but the term has proven persistent. Plus, it’s used in the singular (collectively) or plural more or less interchangeably – so that’s kinda fun.

One Nation Mumbles God (Is the Pledge Constitutional?)

One Nation Mumbles God

General, brief references to the Almighty have been a part of innumerable American traditions since long before the First Amendment was an ink spot on James Madison’s parchment. It has thus been difficult at times for the Court to reconcile the proverbial “wall of separation” with a history demonstrating that the authors of the sentiment obviously didn’t mean everything. Unlike compromises over slavery or state vs. federal power, there’s no evidence the Framers willingly kicked this constitutional can down the road for their scions to sort out. They simply saw no conflict between a reasonable degree of religious acknowledgement in public life while shielding personal faith from the machinery of government. 

To Sleep, Perchance To Sue...

Mary Sleeping

This particular case involves the hiring and firing of private school teachers in religious schools. What I'm currently wrestling with is an apparent contradiction between how the Court treats private religious schools when it comes to school choice ("hey, these are just schools doing school things for valid school reasons like any other schools, except they happen to have a religious point of view... give them all the tax money or it's religious discrimination") and how it treats the same religious schools when they're firing teachers for being old or getting sick ("hey, these are religious institutions whose whole function is spreading their faith... you can't hold them accountable for anything they do or else it's religious discrimination"). Now, let me be clear – I realize it's certainly not that simple. The devil is in the--

Actually, that's probably not an appropriate idiom with this specific topic. Sorry about that.

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