H2H

The Decision (Westside Community Schools v. Mergens, 1990 - Part Two)

1. The Equal Access Act of 1984 prohibited any public school which permitted “non-curricular” clubs to meet on school property from picking and choosing which clubs they allowed based on ideologies or beliefs. The trick was figuring out what counted as “non-curricular.”

2. Bridget Mergens was a student at Westside High School in Omaha, Nebraska. In 1985, she asked her principal for permission to form a Christian club at the school. 

3. The school said no, arguing that organizations like Chess Club and Scuba Club were essentially (if not directly) curriculum-related in that they were extensions of the sorts of things the school promoted as a whole, and thus inadequate to trigger the requirements of the act. Bridget didn’t buy it.  

Eventually, the case ended up in the Supreme Court. You probably won't be surprised how it turned out. 

Bridget Wants A Bible Club (Westside Community Schools v. Mergens, 1990 - Part One)

Bridget Mergens was a student at Westside High School in Omaha, Nebraska. In 1985, she asked her principal for permission to form a Christian club at the school. They’d read and discuss the Bible, pray together, and enjoy what those on the inside call “fellowship.” Membership would be open to anyone, however, regardless of their beliefs – because, you know… school.  

The school said no. That was a mistake. 

Trying To Simplify The Thirteen Colonies

I surveyed thousands of teachers and students (well, OK – I asked, like... seven or eight of them) which topics were hardest to teach, care about, or remember, and selected two dozen of the most common responses. The Whigs. The Bessemer Process. The Interstate Highway System. All real knee-slappers in their own way, but so few Crash Course videos or feature films to substitute for an actual lesson plan.

Many of the responses were variations of “trying to remember stuff about the original thirteen colonies.” Most of us do pretty well with Jamestown, at least in its earliest incarnation, and we can fake our way through the Puritans or Roger Williams. Somehow, though, we’re expected to juggle things like joint-stock company charters vs. proprietary charters or remember which sections relied most heavily on the export of natural resources and how that shaped their feelings about potential rebellion.

After what feels like several millennia of wrestling with it, I have a rough draft of what might be the chapter about the thirteen colonies. At the moment, it’s subtitled “Three (or Four) Regions – Three (Evolving) Formats – Three Approaches To Religion.”

I know. Even the subtitle needs work.

The Bessemer Process (from "Have To" History)

Three Big Things:

1. The Bessemer Process made better steel more quickly and more cheaply.

2. Better, affordable steel played a significant part in the Second Industrial Revolution. It may have been its primary cause; it was at least a major catalyst.

3. Bessemer steel made it possible to build skyscrapers, massive bridges, and reliable railroad tracks, as well as lots of other cool stuff. That makes it way more interesting than it sounds.  

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).

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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