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Thread: Judge says there's no fundamental right to learn to read and write

  1. #11
    Anarquistador StanStill's Avatar
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    Quote Originally Posted by Ian Jeffrey View Post
    My recollection is that Brown expressly overruled Plessy.

    Sent from my SM-J327V using Tapatalk
    Well, I'm no legal scholar, but I always heard that it was considered a "de facto" overruling since it didn't expressly overrule it, but the effect of it did. That's just a foggy unsourceable memory. Definitely could be wrong.

  2. #12
    Veteran Member bajisima's Avatar
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    Quote Originally Posted by StanStill View Post
    Yes, but it's probably just as hard to get a new amendment passed. I don't think the public needs to wait for an amendment to assert something is a right.

    Plus I don't see any schizophrenia in public attitude. I think public attitudes have gradually become more civilized, generally more accepting of individual liberties and rights, whether for women or minorities, or people with mental or physical handicaps, attitudes about drug use, about sexuality, about all kinds of things have become a lot more humane in my opinion. Not everyone is on board the civilized humanistic train, but more and more people are.

    When did it wildly swing back and forth?
    Was referring specifically to our elections, how we go all the way with one party to overturn it two years later. Its almost impossible for one party to hold the presidency for more than two terms these days. Its like the voters say "enough of that way, we are going this way now."

  3. #13
    Spock of Vulcan Ian Jeffrey's Avatar
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    Quote Originally Posted by StanStill View Post
    Well, I'm no legal scholar, but I always heard that it was considered a "de facto" overruling since it didn't expressly overrule it, but the effect of it did. That's just a foggy unsourceable memory. Definitely could be wrong.
    Well, the Court did not say "Plessy is overruled," but it did say that the "separate but equal" doctrine has no place in the field of public education, because separate educational facilities are inherently unequal.
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    Veteran Member bmanmcfly's Avatar
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    That's a shocker.

    I mean, I don't see it as a fundamental "right" to learn, the education system should have that as an early goal to ensure that students leave with that ability.
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    Member Robert Urbanek's Avatar
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    You can provide an education but that does not guarantee that rebellious, stupid pupils are going to learn much. You can lead a horse to water . . .
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  6. #16
    Wawa Skittletits BDBoop's Avatar
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    Quote Originally Posted by Robert Urbanek View Post
    You can provide an education but that does not guarantee that rebellious, stupid pupils are going to learn much. You can lead a horse to water . . .
    {watches the thread point sail over your head}
    Thanks from labrea

  7. #17
    Veteran Member Devil505's Avatar
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    Education is to Republicans what Kryptonite is to Superman.
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  8. #18
    #walkaway orangecat's Avatar
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    Quote Originally Posted by BDBoop View Post
    Judge says there's no fundamental right to learn to read and write
    Judge is correct.

  9. #19
    Flibbertigibbet Wonderer's Avatar
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    So, here's the opinion. The analysis of the Due Process challenge (and the Court's explanation of its ultimate conclusion as to the "fundamental right" question) begins on p. 22. It is a thorough discussion, including a review of SCOTUS precedent. And it is going to come across as a bunch of legal mumbo jumbo to anyone but the geekiest of constitutional law scholars. I've read and studied constitutional law cases for the better part of 30 years and my eyes still glaze over when I try to wrap my brain around substantive due process and negative vs. positive "rights". I get what the Judge is saying (he's not just pulling this out of thin air) but I also get why, when it's distilled to the most salient point, many will object to the conclusion he reaches. Because it seems cold. And runs counter to our notions re: education and literacy. He's right that the SCOTUS has not held literacy as a fundamental right. They've tiptoed up to and around the question to this point. Perhaps this case will be appealed and they'll be asked to revisit it.
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  10. #20
    olguy OlGuy's Avatar
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    Who needs reading and writing anymore, technology will be able to translate it for you into the spoken word. News organizations already use computer generated articles. You will just tell the app what you want, it writes, it edits, it transmits, and then translates to the spoken word in any language.

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