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Proposals For Enforcement Of The Supreme Court’s New Ethics Code
Brief #215 – Civil Rights Policy Brief
by Rodney A. Maggay
While there has been much uproar on the lack of an enforcement mechanism in the Supreme Court’s new ethical code, the fact of the matter is that there are numerous proposals out there that could fill in this glaring hole in the new code.
The Week That Was: Global News In Review
Brief #105 – Foreign Policy Brief
by Abran C
Tensions between neighboring states, Venezuela and Guyana have shot up in recent weeks over a long-running territorial dispute.
Situation Update: The War in Ukraine
Brief #104 – Foreign Policy Brief
by Abran C
This winter is likely to see a long and bloody stalemate in Ukraine according to analysts, with neither side backing down from offensives and counter offensives.
Climate Change and World Ski Competition
Brief #103 – Foreign Policy Brief
by Reilly Fitzgerald
Sports are known to be contributors to pollution, and thus to climate change. Sports, such as ski racing are outdoors. As much as it contributes to climate change, and it does contribute, it also is a victim of it too.
Facebook Faces Accusations of Palestinian Censorship Again
Brief #102 – Technology Policy Brief
by Mindy Spatt
Human Rights Watch documented the problem in an October 2021 report, finding that Instagram had removed hundreds of posts about a series of settler attacks on residents…
An Early Look at the 2024 North Carolina Governor’s Race
Brief #113 – Elections & Politics Policy Brief
by Ian Milden
North Carolina has had competitive statewide races in recent years. While Republicans have won more consistently in federal races, Democrats have managed to win some of the statewide offices, such as the Governor’s office, on a consistent basis.
Redistricting and Gerrymandering Effects
Brief #112 – Elections & Politics Policy Brief
by Inijah Quadri
The impact is profound: elections become less competitive, voter disillusionment rises, and elected officials face less accountability.
Republicans Bash Republicans
Brief #111 – Elections & Politics Policy Brief
by William Bourque
The GOP can’t seem to keep members in line or maintain a united front on anything, which makes it hard to imagine they have any chance of keeping the House or flipping the Senate. As always, we expect the presidency to be close…even if Trump runs from behind bars.
A Palestinian Prisoner’s Experience
Brief #102 – Foreign Policy Brief
by Aziza Taslaq
In Jenin, a resilient city in the West Bank, we find Ahmad, a soul molded by the complexities of life and the echoes of a turbulent past.
Elections to Monitor in November 2023
Elections to Monitor in November 2023
Elections & Politics Policy Brief #97 | By: Ian Milden | September 25, 2023
Photo taken from: fivethirtyeight.com
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Off-year elections generally don’t get much attention. When they do, it is usually one of the three governor’s races that I have previously written about (Kentucky, Mississippi, and Louisiana). In this brief, I will discuss a few more races that are on the ballot this November that deserve some degree of attention.
Virginia State Legislature
In Virginia, the state legislature is having its mid-term elections. Currently, Democrats have a narrow majority in the state senate and Republicans have a narrow majority in the state house. All state legislative seats will be on the ballot in November. Governor Glenn Youngkin (R-VA) and his allies are investing millions of dollars to help Republican candidates. If Republicans gain the majority in both chambers, they will be able to change state laws on a partisan basis. Virginia is also the closest state to a swing state holding significant regular elections this year, so voting trends in this year’s elections may provide some insight on next year’s elections.
New Jersey State Legislature
Much like Virginia, New Jersey is also holding mid-term elections for its state legislature this year. While Republicans are unlikely to take over the state legislature, it will be interesting to monitor southern New Jersey to see if Republicans continue making significant progress there. Republicans managed to unseat several Democrats including then-state senate President Stephen Sweeney in the previous election cycle. George Norcross, an insurance executive who had significant influence in southern New Jersey politics, said that he is stepping back from his involvement with state politics. Norcross was heavily involved in recruiting candidates and fundraising for them, so this is the first chance for New Jersey Democrats to evaluate their candidate recruitment and support strategies since Norcross withdrew from politics.
If Democrats perform poorly statewide again, that could be another sign of trouble for Senator Robert Menendez (D-NJ), who is up for reelection in 2024. Menendez’s popularity with voters has been poor due to a corruption scandal which led to him being indicted in 2017, but the case ended in a mistrial.
Rhode Island Congressional Special Election
Congressman David Cicilline (D-RI) resigned on June 1st to take a job with a nonprofit in Rhode Island. The special election to fill his seat will be held on November 7th. Fifteen Democrats filed to run for the seat. Gabe Amo, a former policy staff member in the Obama and Biden Administrations, won the Democratic nomination for the seat. While Amo should win this race, the margin will be worth keeping an eye on since trends in special elections can indicate what voters might do in the next general election.
Pennsylvania State Supreme Court Special Election
This seat is open due to the death of Chief Justice Max Baer in October of 2022. Justices run in partisan elections for ten-year terms, though Pennsylvania has a mandatory retirement age of 75. In the May primary, Democrats nominated Daniel McCaffrey and Republicans nominated Carolyn Carluccio. McCaffrey is the former assistant district attorney in Philadelphia and has served as a judge in a court of common pleas. McCaffrey is currently a state judge on the superior court. Carluccio is a judge in Montgomery County. While this race will not determine the partisan balance of the court, this was a seat that the Democrats held. If Democrats lose this seat, they would only have a one-seat majority on the state supreme court.
Engagement Resources:
- Daniel McCaffrey’s Campaign Website, https://judgemccaffery.com/
- Virginia Democratic Party Website, https://vademocrats.org/
- New Jersey Democratic Party Website, https://www.njdems.org/
- DLCC – Official Campaign Organization for State Legislative Democrats, https://dlcc.org/
- Gabe Amo’s campaign website, https://www.gabeamo.com/
Not-Prosecuting Children as Adults is a Favorite Tool of Those Seeking to Prosecute Prosecutors
Not-Prosecuting Children as Adults is a Favorite Tool of Those Seeking to Prosecute Prosecutors
Elections & Politics Policy Brief #96 | By: Mindy Spatt | September 25, 2023
Photo taken from: aclufl.org
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In the shadow of the high-profile ballot initiative that bounced Chesa Boudin from his position as San Francisco District Attorney two and a half years after he was elected, Alameda County District Attorney Pamela Price is staring down a recall based on some of the same concerns Boudin faced. Price, the first African American to hold the position, made her name as a defense lawyer and ran on a progressive agenda. A movement to recall her began barely six months after she took office. Several other prosecutors across the country are also threatened with recall.
Policy Analysis
At a recent forum held by the Wellstone Democratic Renewal Club, a left-leaning group in Alameda County, Boudin, Price and Christine Soto DeBerry of the Progressive Prosecutors Alliance talked about the myth that prosecutors have a role in preventing crime, a cornerstone of both recall campaigns, which is not supported by any data. Boudin noted that crime in San Francisco had not decreased since his successor, Brooke Jenkins, who was spokesperson for the recall campaign, took office.
Price defended her progressive policies to the friendly audience, some of which are mandated by state law; others she said were mandated by the wide margin with which she was elected. Price won 43% of the vote in her June 2022 race against her more conservative opponent Terry Wiley, who only received 27% of the vote despite a large fundraising advantage. She pledged to never charge children as adults, to expand the use of restorative justice programs and to stop using the office’s influence to prevent people from receiving parole.
Price has labeled the campaign against her as election deniers, led by supporters of Wiley who, she says, won’t accept the will of the voters. She was adamant on not charging juveniles as adults. “Charge juveniles as adults?” she commented, “That is not where this community is.”
The juvenile issue is a favorite of recall forces, who often put crime victims front and center in their campaigns. A website for a recall effort against Los Angeles Attorney General George Gascon that failed to qualify for the ballot screams “George Gascon’s pro-criminal agenda has turned Los Angeles into a NIGHTMARE. Criminals feel emboldened, residents unsafe, and victims abandoned. Gascon REFUSES to prosecute juveniles as adults under any circumstances, even rape, murder or other heinous crimes, even if days shy of turning 18.”
Governor Ron DeSantis of Florida cited state attorney Monique Worrell’s treatment of juveniles when he suspended her in August. He also claimed Worrell avoided mandatory minimums for serious crimes including drug trafficking. Worrell is the only black woman in Florida elected to a state attorney position.
“This is absolutely disgusting,” Democratic Rep. Anna Eskamani commented to the Associated Press. “Her removal is a complete slap in the face to Orange and Osceola County residents and another example of Governor DeSantis eroding our local control and democracy. This politically motivated action by the Governor in a predominantly democratic part of the state should alarm everyone. Elected officials are being taken out of office for political purposes, and that should never be a thing,” she said.
In Georgia, there are rumblings of the most blatantly political recall of all, one targeting Fani Willis, a Fulton County District Attorney who isn’t soft on crime. The rumblings started after she indicted Donald Trump and 18 others for conspiracy to interfere with Georgia’s presidential election. Georgia’s republican-dominated legislature passed a law allowing top elected officials to investigate and remove local district attorneys, and republican Governor Brian Kemp signed it in May. Although Willis may not have been the impetus for the law, which follows the trend of prosecutor recalls around the country, she could become its first casualty.
Engagement Resources:
- Prosecutors Alliance Of California, An organization committed to reforming California’s criminal justice system through smart, safe, modern solutions that advance, not just public safety, but human dignity and community well-being.
https://prosecutorsalliance.org
- Fair and Just Prosecution, Promoting Justice Through Leadership and Innovation
Can Congress Keep It Together?
Can Congress Keep It Together?
Elections & Politics Policy Brief #95 | By: William Bourque | September 22, 2023
Photo taken from: cnn.com
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Speaker Kevin McCarthy is on the brink of losing the speakership. Reports from the GOP conference have indicated a fractured party with no end in sight. Infamous and outspoken Freedom Caucus member Matt Gaetz made a public nod to McCarthy, calling him a “sad and pathetic man” on MSNBC. Individuals within the GOP tell U.S. Resist News that McCarthy is in such fear that he will be removed as Speaker that he often jokes with staff to not get too comfortable in their Chamber-side office. Capitol Hill reporters found a copy of a motion to vacate the speakership—all it was missing was a signature from Gaetz. Sources in the GOP conference say that Gaetz and McCarthy have had to be separated after shouting matches during meetings, oftentimes causing Gaetz to storm out of the room altogether.
Fellow Freedom Caucus members Lauren Boebert and Marjorie Taylor-Greene have also been vocally against McCarthy, but neither have pulled the trigger on making a motion yet. Many rank-and-file members seem fed up with the Freedom caucus and their demands and it wouldn’t be a shock to see a more vocal push against these outspoken members as debt ceiling talks ramp up. Sources say that the debt ceiling fight will keep the House in session through the weekend, signaling how eager McCarthy is to broker a deal.
A budget deal hinges on a number of factors, mainly whether or not McCarthy can keep everyone in line long enough to get the votes. With a razor-thin majority, McCarthy needs almost every GOP member to vote with him, and it’s seeming less likely by the hour. A deal will include many of the items agreed upon by McCarthy and President Biden in June, which includes limited spending on social programs and the war in Ukraine. The most likely deal at this stage is called a continuing resolution, which funds the government at the previous level for an agreed-upon amount of time. If a deal isn’t brokered, the government will shut down at the end of the month. A House GOP deal will likely be defeated in the Democrat-controlled Senate, so this will be a space to watch.
On the Senate side, the GOP is backing 81-year-old Minority Leader Mitch McConnell to serve the rest of his term, despite several high-profile freezes in front of reporters. Republicans say that McConnell is still fit to serve, as per Capitol Physician Brian Monahan. Monahan attributed the freezes to continued concussion recovery, and per Axios, says that “occasional lightheadedness is not uncommon in concussion recovery and can also be expected as a result of dehydration.” Democrats have been largely supportive of McConnell, albeit expressing more concern than McConnell’s GOP colleagues. When informed of McConnell’s second freeze at a press conference, President Biden called McConnell a “dear friend” and said that he hoped all was well.
In other Senate news, Republicans are fuming after Majority Leader Chuck Schumer tweaked the dress code to allow Senator Fetterman onto the floor in his favored attire, a hoodie and gym shorts. Senator Susan Collins said mockingly that she might show up in a bikini, while Senator Roger Marshall of Kansas called it “A sad day for the Senate.” While the Senate never had an official rule on the books, the Sergeant-at-arms often reprimanded members for not wearing a tie. Senate staff will still be held to a stricter dress code, being asked to wear formal clothing whenever they enter the floor. Most Senators wear business casual clothing on Monday’s and Friday’s when they are departing for or returning from their home states.
The Week That Was: Global News In Review
The Week That Was: Global News in Review
Foreign Policy Brief #91 | By: Abran C | September 21, 2023
Photo taken from: npr.org
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G77 Summit
Last week in Havana Cuba, The Group of 77 (G77) met to discuss the most pressing issues facing developing nations around the world. The group stands as the largest intergovernmental organization of developing nations within the United Nations. Established in 1964 it serves as a platform for Southern countries to voice and advance their collective economic interests, increase joint negotiation capabilities on international economic matters, and promote collaboration among nations of the global south for development purposes. The bloc has expanded from its original 77 members to 134 nations and now represents 80% of the world’s population. United Nations Secretary-General Antonio Guterres also attended the summit and said that developing countries are “trapped in a tangle of global crises,” pointing to international instability, climate change, and foreign debt. China, though not formally a member, maintains that it supports the organization and agendas, also attended the meeting. The summit ended with a call for a special UN meeting to tackle the issues raised by member states. The final 46-point declaration iterates demands for a more equitable international economic and social order which it states is impossible without ending the monopoly on economic and technological advances by developed countries.
Earthquakes in Morocco
On September 8, 2023, a magnitude 6.8 earthquake hit Morocco’s Atlas Mountains region. The earthquake became the country’s deadliest in more than 60 years, killing at least 2,497 people and leaving at least another 5,000 injured. The high atlas mountain region just south of the popular city of Marrakech that was hardest hit by the magnitude 6.8 quake. Both Moroccan and international rescue teams have been working to save those trapped under rubble and provide aid to affected areas. Up to now residents in most places have been provided with basic necessities, food and water, and most of the giant boulders blocking mountain roads have been removed. However long term worries remain about shelter and recovery efforts in impoverished mountain regions that were hardest hit.
Libyan floods
In Libya emergency rescue teams are currently working to find survivors and retrieve bodies after massive floods hit the country’s northeast region last week. The floods have killed at least 11,000 people so far and left another 10,000 missing making it the countries worst natural disaster to date. Entire neighborhoods in the city of Derna were swept away when storm Daniel caused two dams to collapse, unleashing tons of water onto cities that have struggled through years of the Libyan civil war. Experts have said the disaster, could have been prevented were it not for mismanagement of the dams that failed to hold back the water. More than 30,000 people have been displaced, according to the United Nations’ International Organization for Migration (IOM). Libya is particularly vulnerable to the impact of natural disasters as it has no unified government, but instead two rival administrations that are locked in a political standoff following a civil war that began in 2014. The country has been in chaos since a 2011 NATO-backed uprising toppled longtime dictator Muammar Gaddafi. Analysts have said that the politically fragmented situation in Libya only complicates rescue missions and international aid delivery. Countries willing to help have to decide whether they will send aid to the UN recognized capital, or to General Haftar’s rival administration in Benghazi. Most countries have so far sent their aid to Benghazi, as it is the closest major city to Derna and its surrounding towns.
The Teacher Shortage is Bad. Education Culture Wars are Making it Worse
The Teacher Shortage is Bad. Education Culture Wars are Making it Worse
Education Policy Brief #87 | By: Rudolph Lurz | September 21, 2023
Photo taken from: richmond.com
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This fall, schools around the country opened their doors. Parents took pictures of their smiling children on the first day of school. When these kids arrived for their first day, many were greeted by a substitute teacher. Dozens of districts began the school year with unfilled teaching positions. DeKalb County in the metropolitan Atlanta area had over 200 unfilled positions as the school year began. Neighboring Cobb County had a similar number of vacancies before a hiring blitz of over 500 new teachers in the last month of summer vacation allowed them to begin the year fully-staffed. Broward County in Florida had over 800 vacancies a week before the school year began, and held a last-minute job fair in a desperate attempt to fill them. Travis County in Texas also held a hastily-planned job fair just before the start of the school year in an attempt to fill over 500 vacancies.
These are not aberrations, but rather the norm. In town after town, district after district, students are starting school with either a substitute or a brand-new teacher hired days beforehand without prep time for the upcoming year. School administrators simply cannot fill the open positions. Special education teachers, along with qualified math and science instructors, are in especially short supply. Given the fact that schools are legally obligated to provide instruction for students with individualized education plans (IEPs), this shortage is especially stressful for district administrators and building principals. Even when districts find qualified candidates, nearly 50% of new teachers leave the profession within five years. That means that for the lucky districts that are able to fill their positions, they will spend thousands of dollars helping new teachers with onboarding, licensing assistance, and professional development, just to do it all again in a very short time span.
In this climate of labor shortage, many GOP-run states are exacerbating the issue by pursuing culture wars against educators. Powerful advocacy coalitions such as Moms for Liberty, a group recently labeled as an extremist organization by the Southern Poverty Law Center, are pushing a radical education agenda that includes pulling nearly 2500 books from school libraries and stifling classroom instruction on painful topics such as slavery and segregation. Policy actors have proposed stiff penalties such as revoking licensure and even felony charges for teachers who do not adhere to these measures. This has resulted in a chilling effect on anything that could be considered even remotely controversial in the classroom. In such a toxic atmosphere, it is no surprise that teachers are leaving the profession and applications have slowed to a trickle on district job boards.
Analysis
When I served as a legislative intern in the Pennsylvania State Senate in 2014, the concern among GOP lawmakers was that there were too many Pennsylvanians graduating with education degrees and not enough positions available for them. There was a big push to guide these students into STEM (Science, Technology, Engineering and Mathematics) majors which conceivably had better job prospects after graduation. At the time, each job posted in most Pennsylvania districts would have dozens of applicants, resulting in a ton of work for district HR departments to try to sort through them all. With an average teacher salary of over $70,000 per year, Pennsylvania ranks just outside the top ten in the nation for teacher pay. Lawmakers were upset, perhaps understandably, that Pennsylvania was putting in the resources to train new teachers that were leaving the state after graduation to go to Maryland, New York, Ohio, or Virginia.
Teaching was difficult in the 2010s. I have been in the profession since I graduated from the University of Florida with my Master’s degree in 2007. The challenges, however, were predictable. Attacks on teachers were normally centered on student performance on standardized assessments. The common charge was that public schools were failing their students and parents should be able to take their kid’s allotted per-pupil funds and use that as a voucher towards the tuition of the private school of their choice, or, at the very least, be given the freedom to choose a different public school in the district.
I can talk with other educators and parents about school choice and vouchers. That’s a different dialect of the same common language of education. I can talk about incentivization of teacher pay and whether or not high-stakes testing accurately represents student learning. These conversations make sense to me because one can argue logically in support of them. I can respect opposing viewpoints, even if I disagree with them. I was annoyed at times in the 2000s and 2010s, but I never considered leaving the profession because of what policy actors and/or parents said about education.
The atmosphere is different now. The question is no longer whether or not teachers are failing students. Now it is whether or not teachers are corrupting students. The rhetoric of organizations such as Moms for Liberty insinuates that educators are somehow brainwashing children into embracing the LGBTQ+/CRT/so-called “woke” agenda.
In my career, I taught students who supported President Bush, President Obama, Senator Kerry, Senator McCain, then-Governor Romney, President Trump, President Biden, and numerous third party candidates. I was able to communicate with parents of wildly different viewpoints because my classroom was not a politically-charged battlefield. I also maintained a position of political neutrality as an instructor, because I felt it was inappropriate for me to preach my own views from my role as an authority figure. I served as an impartial moderator and created a classroom climate that emphasized respect and civility, while also making arguments and defending them with evidence.
Nowadays, declaring neutrality does not necessarily protect teachers. If students even have the perception of bias or feel uncomfortable during a class discussion, and tell their parents about it, then suddenly I can find myself in trouble with the state.
All it takes is the perception of controversy to ignite a firestorm. A teacher in Brooksville, Florida found herself under investigation because she played a Disney movie in her classroom that included an LGBTQ+ character. A student told his mother about it and the controversy eventually found its way to the national news. The school board meeting to discuss the topic lasted several hours. The teacher was reprimanded and advised not to show film clips without explicit administrative approval, but was allowed to keep her job.
That small vignette demonstrates the chilling effect I previously discussed. If a single student or parent can spark a firestorm that threatens my entire career, what is the logical recourse for educators?
Avoid anything with even a hint of controversy. Create a classroom that is so bland and vanilla that no one’s feelings could ever be hurt.
The creation of such a classroom environment results in an education that is not only boring, but also bad.
This does not promote critical thought. This does not promote innovation. Good teaching in fields like social studies and literature will take students to potentially uncomfortable topics. The world is an uncomfortable place. If schools just train students to memorize useless trivia and regurgitate it on state-mandated exams, then graduates will not produce the innovation needed to drive the 21st century economy.
88% of teachers in a recent survey noted that education was becoming too politicized, with 82% stating that educators were becoming targets of political attacks.
How can districts attract and retain quality teachers in such a climate?
How can graduates learn the necessary skills to drive economic growth in a chilled classroom environment that does not teach them how to think critically? Or how to debate opposing viewpoints in a civil manner?
If this culture war continues, the result will be an exacerbated teacher shortage and negative educational outcomes for students.
If educational excellence is the goal, then it’s time for a peace conference to end the culture war. If teacher recruitment and retention is the goal, perhaps policy actors should let teachers teach.
Engagement Resouces:
- U.S. Department of Education-Certification requirements by state: https://www2.ed.gov/teachers/jobs/reqs/edpicks.jhtml
- Teaching positions available on Indeed’s job board: https://www.indeed.com/jobs?q=teaching&l=&vjk=8b5a43a8a1a08859
Do Students and Educators Benefit from Bringing Yoga to Schools?
Do Students and Educators Benefit from Bringing Yoga to Schools?
Education Policy Brief #86 | By: Yelena Korshunov | September 20, 2023
Photo taken from: yogabasics.com
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According to recent findings, 45% of students in high school admit to being stressed almost every day in school, and 61% of teenagers between the ages of 13 and 17 feel stress over obtaining satisfactory grades. According to the American Institute of Stress, 80% of college students experience stress in their daily lives. 44% of K-12 teachers reported that they are burned out. What can the education programs do to reduce our children’s stress and educator’s burnout? Maybe yoga breathing and relaxation practices in schools could bring relief?
The nationwide concern over childhood stress, especially during the pandemic, promoted an increase in the number of researches that have come out within the last decade exploring the benefits of yoga and mindfulness for children and youth. Multiple studies continue to bring evidence that yoga, including relaxation skills and breathing practices, help cultivate both students’ and educators’ social, emotional, and physical health, as well as academic success and a positive school climate.
The Feasibility and Preliminary Outcomes of a School-based Mindfulness Intervention for Urban Youth study arranged a trial of 97 fourth- and fifth-graders assigning some students to participate in a mindful yoga program that met four days per week for 45 minutes. Compared to attending school as usual, 12 weeks of mindful yoga led to significant reductions in students’ problematic responses to stress, such as experiencing repetitive negative thoughts and strong, intrusive emotions. The Effectiveness of a School-Based Yoga Program on Adolescent Mental Health, Stress Coping Strategies, and Attitudes Toward Violence: Findings From a High-Risk Sample study tasked 49 urban high school students to participate in a semester-long yoga and mindfulness program several days per week. By the end of the term all students reported significant reductions in their anxiety. The Promoting Stress Management and Wellbeing in Educators: Feasibility and Efficacy of a School-Based Yoga and Mindfulness Intervention research published in 2015 suggests that providing educators with training in yoga- and mindfulness-based skills may have beneficial effects for educators, including increases in calmness, mindfulness, well-being, positive mood, improvements in classroom management, emotional reactivity, physical symptoms including blood pressure and cortisol awakening response, and decreases in mind and body stress. The research confirms that providing teachers with skills and practices to enhance their own self-care is a crucial step toward improving classroom climate, teacher effectiveness, and student outcomes.
In the near future New York City is planning to bring breathing practices to all public schools for students from pre-K to 12th grade. Schools will soon be required to facilitate daily two to five minutes of mindful breathing. The aim of this initiative is to increase students’ physical and mental health, enhance social-emotional learning, and overall improve actively criticized public schools’ culture. In March 2023, the NYC Department of Education began to roll out a professional development program to train educators and other school staff in the implementation of mindfulness breathing practices and tools that can be used in the classroom. Undoubtedly, 2 to 5 minutes of breathing practice is better than nothing, however New York City should’ve taken in consideration the experience of the other schools that found a chance to dedicate longer time for daily breathing exercises.
At a number of schools all over the country, from San Francisco to DC, yoga in the classroom has already been implemented for years reporting significant positive effects on students’ learning and well-being. Edmunds Elementary, an urban school in Des Moines, Iowa, proudly reports that yoga is on their daily schedule. They believe that morning breathing practice, yoga-based movement, and mindful meditation help students bring their attention to the present moment and prepare them for learning activities throughout the day. As a morning routine, every classroom in the school begins the day with a “Be Well” discussion about topics such as gratitude, good citizenship, being a peacemaker, and getting enough sleep. After lunch, the lights are dimmed and soft music plays as students return from recess for 10 minutes of quiet mindfulness and reflection activities, such as journaling, coloring, or listening to a guided relaxation story. According to the school reports, since they implemented this practice, the test scores increased by more than 18% while the number of students being sent to the office decreased by more than 66% over two years. The school’s principal notes that since they adopted this routine everyone is feeling a greater sense of community, connectedness, and engagement in school.
Based on multiple research findings and practical implementation of yoga and mindful breathing in school, the children’s ability to relax has a significant impact on their cognitive development and health. By engaging in relaxation techniques, young people improve their mental state which, in turn, enables them to cope with stress in a healthy manner, strengthening their mental and physical state. It wouldn’t be out of reach to assume that this practice is anticipated to cause a sustained global effect on the nation’s health and well-being as children and youth will bring these relaxation strategies into their adulthood as a life-long healthy habit and stress relief.
Can the 14th Amendment’s Birthright Citizenship Rule be Overturned?
Can the 14th Amendment’s Birthright Citizenship Rule be Overturned?
Civil Rights Policy Brief #212 | By: Rodney A. Maggay | September 18, 2023
Photo taken from: teachingamericanhistory.org
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Section One of the Fourteenth Amendment to the United States Constitution provides: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
In 1898, the United States Supreme Court decided the case United States v. Wong Kim Ark. In a 6 – 2 decision that examined the Citizenship Clause of the Fourteenth Amendment, the Court held that a person born within the geographic boundaries of the United States acquires U.S. citizenship even if the person’s parents are foreign nationals of another country. (There are limited exceptions for children born within the U.S. whose parents are diplomats working in the U.S.). The case concerned the birth of Wong Kim Ark, who was born in San Francisco to Chinese parents who were not U.S. citizens. Wong Kim Ark grew up in San Francisco and then traveled back and forth numerous times between San Francisco and China. On a return trip to San Francisco, Wong Kim Ark was denied re-entry to the United States on the grounds that he was not a U.S. citizen. A lawsuit was brought which eventually was appealed to the United States Supreme Court. The Court’s decision decided that Wong Kim Ark acquired U.S. citizenship when he was born in San Francisco and established the precedent that persons born in the United States automatically acquire U.S. citizenship. This has been the current rule of birthright citizenship in the U.S. for more than a century.
On September 8, 2023, United States GOP presidential candidate Vivek Ramaswamy declared that he would deport children born in the United States of parents who are illegal aliens because of his disagreement with the Fourteenth Amendment’s birthright citizenship rules under the Citizenship Clause. Other GOP presidential candidates have taken a similar position. Former President Trump announced in May 2023 that he would end birthright citizenship by executive order on his first day back in office. Florida Governor Ron DeSantis has pledged, as part of his immigration plan, to end birthright citizenship. And Florida Representative Matt Gaetz in April introduced a bill in the House that would end birthright citizenship if passed. LEARN MORE
Policy Analysis: The issue of birthright citizenship and whether it should still be a current rule of American citizenship has been under debate for a number of years. Historically, some states tried to revive the issue and introduce a bill in the state legislature to curtail or eliminate birthright citizenship but none have been successful. The reason the idea has become popular with GOP candidates is because immigration has become an attractive issue for the GOP’s base and by offering a solution, GOP candidates can expect to attract more voters to their campaign.
However, there is one problem with the way the GOP has approached the issue of birthright citizenship. Former President Trump and others have pledged to eliminate the rule with an executive order if they are elected. But this is quite simply impossible to do. The Wong Kim Ark Supreme Court case in 1898 definitively addressed and ruled on the issue. A President or a candidate to claim that they can end or overturn a Supreme Court ruling with only an executive order must not have an understanding of how legal precedents work and the hierarchy built into legal rulings, especially from the Supreme Court, the highest court in the land. If any President could simply overturn any decision at the stroke of a pen, it would cause legal chaos and allow a President to nullify any Supreme Court ruling at his or her whim, which is not what the Founding Fathers intended with the Constitution. What is likely going on is that these GOP candidates are looking for a way to appeal to and attract more voters and they are doing this by focusing on immigration, even if their proposals to end birthright citizenship with an executive order cannot legally be done.
However, the bill introduced by Representative Matt Gaetz is a little more problematic. If the rule laid down by the Supreme Court in the Wong Kim Ark case can be overturned, a vote by Congress is one way it could happen. An amendment to the Constitution was floated but the requirements to amend the Constitution are extremely high so that course is nearly impossible. (A constitutional amendment requires a two-thirds vote for the amendment in both houses of Congress and then approval by three – fourths of the states). However, Congress has sometimes voted to overturn a Supreme Court ruling, which it has the power to do, by enacting new legislation that is contrary to the Supreme Court decision. It does not happen often but does occasionally, usually if there is bipartisan support to vote to overturn the ruling. (The Religious Freedom Restoration Act of 1993 was passed in response to and to overturn the Court’s 1990 decision Employment Decision v. Smith). The sharp divisions in Congress now make it unlikely that Rep. Gaetz’s bill will be passed but it still should be noted that the issue of birthright citizenship is still a significant issue with the GOP. Whether their proposals are legally silly (elimination through executive order) or pursued through proper channels, birthright citizenship will likely be a talking point in the run up to the 2024 election. LEARN MORE
Engagement Resources:
- History – popular channel’s article on the history of birthright citizenship.
- Smithsonian Magazine – historical article on birthright citizenship with more personal details on the Wong Kim Ark case.
This brief was compiled by Rod Maggay. If you have comments or want to add the name of your organization to this brief, please contact rodwood@email.com.
The Women’s Health Protection Act of 2023: An Effort to Push Back on the Supreme Court Dobbs Decision
The Women’s Health Protection Act of 2023: An Effort to Push Back on the Supreme Court Dobbs Decision
Health and Gender Policy Brief #164 | By: Carlos Avalos | September 18, 2023
Photo taken from: cnn.com
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Bill H.R. 12, entitled the Women’s Health Protection Act of 2023 was introduced on 03/30/2023 by California Representative Judy Chu from the 28th District. On 4/7/2023 the bill was referred to the subcommittee on Health. Many times, after a bill is introduced, it is sent to a subcommittee for review and analysis. This is called the mark up period. Bills in the House of Representatives can only be released from committee with a proper committee vote by a discharge petition signed by most of the House sub-committee membership.
The Composition of a subcommittee is members who have expertise in a specific area of public policy, in this case it would be health care. There will most likely be hearings in the subcommittee on H.R. 12 being that the topic of Women’s reproductive rights is such a heavily debated American topic and partisan issue in Congress there is a very good chance the bill won’t leave the subcommittee on health care. For these same reasons and others, it might take months or more than a year for it to leave the House chamber and have the potential to enter the Senate.
This bill prohibits governmental restrictions on the provision of, and access to, abortion services. Specifically, before fetal viability, governments may not restrict providers from using abortion procedures or drugs, offering abortion services via telemedicine, or immediately providing abortion services if delaying risks the patient’s health. Fetal liability is the ability of a human fetus to survive outside the uterus. H.R. 12 makes it so, governments may not require a provider to perform unnecessary medical procedures, provide medically inaccurate information, or comply with credentialing or other conditions that do not apply to providers whose services are medically comparable to abortions. H.R. 12 also makes it so governments MAY NOT (1) require patients to make medically unnecessary in-person visits before receiving abortion services or disclose their reasons for obtaining such services, or (2) After fetal viability, governments may not restrict providers from performing abortions when necessary to protect a patient’s life and health. The Department of Justice, individuals, or providers may sue states or government officials to enforce this bill, regardless of certain immunity that would otherwise apply.
Analysis
The impetus to this bill is debatable but seems to center around a few key moments in recent American History. The first one being in the SCOTUS decision in Dobbs v. Jackson Women’s Health Organization. This decision stripped away the constitutional right to abortion established in Roe v. Wade and reaffirmed in Planned Parenthood v. Casey, and paved the way for states to ban abortion outright.
In 2018, Mississippi passed a law called the “Gestational Age Act,” which prohibits all abortions, with few exceptions, after 15 weeks’ gestational age; about two months earlier than Roe and later decisions allow. Jackson Women’s Health Organization, the only licensed abortion facility in Mississippi, and one of its doctors filed a lawsuit in federal district court challenging the law and requesting an emergency temporary restraining order (TRO). The legal question asked in Dobbs v. Jackson Women’s Health Organization was “Is Mississippi’s law banning nearly all abortions after 15 weeks’ gestational age unconstitutional”? The SCOTUS OPINION authored By Samuel Alito stated, “the Constitution does not mention abortion, the right is neither deeply rooted in the nation’s history nor an essential component of “ordered liberty.”
Further stated in the opinion was the notion that “the Constitution does not confer a right to abortion; Roe v. Wade, 410 U.S. 113, and Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, are overruled.”
Nearly 51 years ago SCOTUS legalized abortion in the U.S with its decision in Roe v. Wade. In this watershed moment and landmark decision, the Supreme Court established a constitutional right to abortion. This ruling struck down laws in many states that barred abortion, declaring that they could not ban the procedure before the point at which a fetus can survive outside the womb. Many states, since the Dobbs v. Jackson Women’s Health Organization decision, have reverted back to the pre-Roe days and implemented a total or severely excessive ban and curtailment on a women’s right to choose and women’s reproductive rights.
The Bill will have a hard time to pass the House where the Republicans have a majority. This Bill does have an OUTSIDE chance to pass the Senate and bestow hope for abortion rights nationally that has been curtailed after fifty years of reproductive progress. Currently in the U.S Senate there are 48 Democrats in the Senate and 49 Republicans with 1 Independent undeclared caucus affiliation, but the Democrats do have the ever so slight majority. Anything is possible in U.S politics and the bill could die in the Senate for a host of reasons. It could be talked to death by the ever-popular tactic of the Filibuster. Or some right leaning democrats might believe the bill is extreme like they did in H.R. 8296 and vote not according to party lines.
Most Americans do believe that abortion should be legal, at least in certain circumstances, and that it is in fact the women and only the women’s choice to make about her reproductive health. It should be noted, according to Gallup’s May 2023 update on Americans’ abortion views, 34% believe abortion should be legal “under any circumstances,” 51% say it should be legal “only under certain circumstances,” and 13% say it should be illegal in all circumstances.
Engagement Resources:
- National Right To Life is the nation’s oldest and largest pro-life organization protecting all life. The Center for Reproductive Rights has been fighting for a women’s right to decide what happens to their bodies for 30 years.
The Medium is the Manipulation, Part 1: Misusing Campaign Ads to Fight Legal Battles
The Medium is the Manipulation, Part 1: Misusing Campaign Ads to Fight Legal Battles
Elections & Politics Policy Brief #94 | By: Steve Piazza | September 14, 2023
Photo taken from: news.yahoo.com
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This series looks to explore the extent to which campaign ads and speeches as well as policy setting of political candidates employ deliberate strategies of disinformation and fallacy to not only discredit their political opponents but also add to the continued abusive miseducation of the U.S. populace and thus further increase the national divide. Campaign ads are not in and of themselves policy, but their message reflects a candidate’s or party’s policy of sorts, namely on how far it is willing to go to get what it wants.
Summary
What do Alvin Bragg, Jack Smith, Letitia James, and Fani Willis all have in common? Looking at their résumés, they all are members of the justice system. More specifically, their current titles are Manhattan District Attorney, Special Counsel for the United States Department of Justice, Attorney General of New York, and Fulton County District Attorney, respectively.
But if one only gets their information from a recent Donald Trump presidential campaign ad, they might be led to think that they are a “radical liberal New York prosecutor,” a prosecutor of “innocent Republican officials,” a “Socialist,” and “President Biden’s newest lackey,” also respectively. In fact, the ad refers to them as “The Fraud Squad.”
It is the platform, or policy, of the Trump campaign, and by association, the Republican Party, that the use of deceptive tactics is an appropriate means to a partisan end and is justified regardless of the harm it may cause to individuals, not to mention the overall justice system.
Analysis
Campaign advertising is hardly something new to this country. Political commentary on candidate platforms and opponents has appeared in speeches, journalistic prose, and cartoons for over two hundred years.
Neither is the use of negative campaigning novel, as even presidential candidates throughout the years have been branded adulterer (e.g. Andrew Jackson), traitor (e.g. Abraham Lincoln), and popish stooge (e.g. Martin Van Buren). Even attacking their families was not off limits.
Jump to today and not much has changed, besides how the increased reach of advanced media and technology has made political messaging ubiquitous. Muckraking is still too often the norm, and the more egregious the better, with any real basis in reality considered counterproductive.
2024 promises much of the same, as the recent Fraud Squad ad epitomizes. This tight, 60-second spot starts out simply enough by momentarily discrediting Trump’s key opponent, but that promptly reveals itself to be nothing more than an obtrusive red herring. After only 11 seconds, the attention abruptly turns to the four other subjects being spotlighted here, people who are not even political opponents he’s competing against but existing public officials taking legal action against him.
In other words, Trump is attempting to use a campaign for the U.S presidency to counter his mounting legal troubles. The legal process is being alarmingly conflated with his ambition for office, when the two cannot be any more disparate.
What may itself seem harmless coming right out of the school of commercial advertising and checking many technique boxes, one cannot avoid questioning the ad’s deceptive intent:
- Emotional response: The subjects, three out of four who happen to be African-American, are displayed while narrative tones designed to instill fear, skepticism, and hatred are audible.
- Body language: None of the public servants’ are pictured standing square to the audience or even looking directly in the eye of the viewer, which can lead to a sense of mistrust.
- Facts and statistics: The majority of the quotes come from highly biased sources (The Federalist, The Daily Mail, Washington Times), are taken out of context, and/or are just plain false.
The first two might be employed for their subtlety, and can be highly inflammatory. The last is clearly a blatant attempt to factually mislead . For example, the quote that’s heard about D.A. Bragg refusing to prosecute violent criminals is not even backed up by any source, and in fact is spoken over an entirely different quote about him releasing violent criminals while investigating Trump. In reality, his office promises to put more resources into fighting violent crime as per a memo on the Manhattan DA website.
This ad does not quite, though almost, employ subliminal advertising, which at one time was illegal. But showing one set of words and narrating another is no accident and is a powerful way to distract or confuse viewers into thinking something factual and substantive has been experienced.
Nonetheless, 90% of the ad is discrediting individuals who are doing their jobs upholding justice. It’s clear that this is about attempting to get people to lose faith in the justice system as the process plays out. Such misguided tactics become necessary when the intent is the indefensible rule of a majority by a desperate minority.
This gives credence to the argument that the former president is running again just so he can game the system to obtain the most votes and leave his legal problems behind. It conveys a concern more for his legal issues than the stability of the country. He’s also been accused of attempting to bring disorder and chaos into government institutions, and some will view this type of messaging as one more example where he is doing both.
Engagement Resources:
- Contact the Election Protection Hotline if you think there’s disinformation in a political ad: https://866ourvote.org/
- Legislation, like the proposed Deceptive Practices and Voter Intimidation Prevention Act of 2018 to protect the public from information and propaganda, are needed.
- The Algorithmic Transparency Institute brings people and groups together to combat misinformation. You can find more information by clicking here.
- Political speech is protected by the First Amendment, but who pays for the ads can be confusing. Media outlets are required to be transparent as to the funding behind them, so for more information on what must be filed with the government, you can visit the Federal Communication Commission’s Public Inspection Files site: https://publicfiles.fcc.gov/
Situation Update: The Ukraine Crisis
Situation Update: The Ukraine Crisis
Foreign Policy Brief #90 | By: Abran C | September 13, 2023
Photo taken from: foreignpolicy.com
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Kim Jong Un and Putin meet
North Korean leader Kim Jong Un recently arrived in Vladivostok, Russia, for talks with President Vladimir Putin. The North Korean leader does not travel abroad frequently, making just seven international trips and twice stepping across the inter-Korean border in his 12 years in power. US officials say that the talks between the two heavily sanctioned nations are likely to discuss providing Russia with weapons for the war in Ukraine in exchange for food, fuel, and nuclear weapons secrets to North Korea. Though Pyongyang and Moscow have denied that North Korea would supply arms to Russia, which has expended its once vast stocks of weapons after more than 18 months of war. The North Korean delegation includes prominent members of the party who handle defense industry and military affairs, including Munitions Industry Department Director Jo Chun Ryong, an analyst said, which suggests the visit will focus on defense industry cooperation.On Monday, Washington renewed its warnings to Pyongyang not to sell arms to Russia that could be used in war, and the US State Department said any transfer of arms from North Korea to Russia would violate UN Security Council resolutions, which ban any arms transactions with North Korea.
Drone attacks and air strikes
Last week the Russian defense ministry said that it had shot down three Ukrainian drones on their way to attack Moscow. Drone attacks on Russian territory have become an almost daily occurrence in recent weeks and disrupted flights in and out of Moscow as well as caused damage to residential and commercial properties in the capital city and other parts of the country. The governor of Russia’s southern Belgorod region, which is near Ukraine and now comes under frequent attack, recently said a drone had hit a sanatorium in a village, while another had been shot down. It was the latest in a surge of similar incidents, and once again forced Moscow’s airports to briefly suspend flights as a precaution. While Russian state television has largely played down the strikes, instead reporting on the success of shooting down enemy aircraft and highlighting Russian attacks in Ukraine. Meanwhile late last week several people were killed and scores wounded in Russian air strikes in different locations in Ukraine, including a deadly attack in which a missile struck the village of Odradakamianka in the southern Kherson region
Death of Prigozhin
Two months ago, Wagner mercenary leader Yevgeny Prigozhin mounted a mutiny against Russia’s military, leading his mercenaries away from the war in Ukraine and turned toward Moscow. President Vladimir Putin decried his actions as treason and vowed punishment for those involved. Though the Kremlin instead strangely cut a deal with Prigozhin, saying he would be allowed to walk free without facing any charges if he were to resettle in Belarus. The question remained, however, about whether Prigozhin eventually would face consequences for the brief uprising that posed the biggest challenge to Putin’s authority in his 23 year rule. Late last month Prigozhin and his top lieutenants died in a plane crash. A preliminary US intelligence assessment concluded that an intentional explosion caused the plane to crash. The Kremlin has rejected these claims as a “complete lie”.Now with Prigozhins death and Wagner without its leader, fighters were offered a few options: to retire or enlist in Russia’s regular army and return to Ukraine as Russia looks to supplement its regular military ranks with fighters from the mercenary group.