I wonder if Senator Donnelly supports the school or the student?
We’ve seen evidence that, when it comes to illegal immigration, the federal government is loath to enforce immigration laws; especially, when the subjects of such enforcement adversely effects the citizens of our very corrupt neighbor to the south: Mexico. Of course we have illegal immigrants coming from other South American countries, such as Peru. We also have Central American immigrants from countries such as Guatemala; all of which risk life, limb and sanity just getting through Mexico.
However, Government’s penchant for violating the “rule of law” that they insist we, free citizens of the United States, comply with under threat of force, extends to other areas of government monopoly, such as schools. According to Fox News:
Now, I know, on the surface, this may sound superficial to some when viewed through the prism of two wars and the Gulf of Mexico oil spill crisis, but actually it runs very deep to what it means to be American first and a member of the world community. It speaks to an unequal application and enforcement of law that runs in contravention to the necessary impartiality that the government is supposed to guarantee in a democratic Republic.
“Chapter 71: Section 69. Display of national flags; pledge of allegiance; penalty for violation
Section 69. The school committee shall provide for each schoolhouse under its control, which is not otherwise supplied, flags of the United States of silk or bunting not less than two feet long, such flags or bunting to be manufactured in the United States, and suitable apparatus for their display as hereinafter provided. A flag shall be displayed, weather permitting, on the school building or grounds on every school day and on every legal holiday or day proclaimed by the governor or the President of the United States for especial observance; provided, that on stormy school days, it shall be displayed inside the building. A flag shall be displayed in each assembly hall or other room in each such schoolhouse where the opening exercises on each school day are held. Each teacher at the commencement of the first class of each day in all grades in all public schools shall lead the class in a group recitation of the “Pledge of Allegiance to the Flag”. A flag shall be displayed in each classroom in each such schoolhouse. Failure for a period of five consecutive days by the principal or teacher in charge of a school equipped as aforesaid to display the flag as above required, or failure for a period of two consecutive weeks by a teacher to salute the flag and recite said pledge as aforesaid, or to cause the pupils under his charge so to do, shall be punished for every such period by a fine of not more than five dollars. Failure of the committee to equip a school as herein provided shall subject the members thereof to a like penalty.”
One would presume that as educator, all teachers would understand the meaning of the word “shall”. The same could be assumed of member sitting on the school committee. But, giving them the benefit of the doubt, I post the definition below:
aux.v. past tense should (shd)
1. Used before a verb in the infinitive to show:
a. Something that will take place or exist in the future: We shall arrive tomorrow.
b. Something, such as an order, promise, requirement, or obligation: You shall leave now. He shall answer for his misdeeds. The penalty shall not exceed two years in prison.
c. The will to do something or have something take place: I shall go out if I feel like it.
d. Something that is inevitable: That day shall come.
2. Archaic
a. To be able to.
b. To have to; must.
I’m certain that most of you have heard of the term “moral turpitude” and understand that violations are subject to various due process hearings and other mechanisms of protecting the rights of teachers suspected of violating the moral standards of a community. For instance:
Courts have held consistently that teaching certificates are not contracts. Thus, requirements to attain or maintain a certificate may be changed and applied to all teachers and prospective teachers. The certification process is administered by state certifying agencies in each state, and most of these agencies have been delegated significant authority with respect to the administration of these rules. Despite this broad delegation, however, the state agencies may not act arbitrarily, nor may these agencies deny or revoke certification on an arbitrary basis. Some state statutes provide that a certificate may be revoked for “just cause.” Other common STATUTORY
grounds include the following:
Immoral conduct or indecent behavior
INCOMPETENCY
Violations of ethical standards
Unprofessional conduct
Misrepresentation or FRAUD
Willful neglect of duty
In the example above, I’ve highlighted “violations of ethical standards” because it is the job of the teacher to set an example of good and proper conduct and behavior, such as the importance of following the law. I’ve highlighted “unprofessional conduct” because as professionals they are to act as the epitome of civil society, and, therefore, they are obliged to follow all laws or to obey them until an effort to repeal them has succeeded. By ignoring law and willfully encouraging students and other staff members to do the same, it is my view that their conduct is far less than professional; and, in fact, is criminal. I’ve also highlighted “willful neglect of duty” for obvious reasons.
For the same reasons, members of the school committee who support illegal behavior and who knowingly remain in violation of the law until said law can be repealed, are subject to a recall election for unprofessional conduct, aiding and abetting in the commission of a crime (some may regard the crime as petty, others, like myself, do not). I spent 20 years of my life in the United States military both during war and peace to make sure that the Constitution of the United States was preserved and the rule of law which it guarantees is upheld. If a law repealing the obligation of teachers to lead their classes in a daily recitation of the “Pledge of Allegiance” passes; I’d have no complaint, because no law will have been ignored or broken. But, until that day comes, I expect and demand that the law be adhered to and those who willfully violate any law be appropriately punished.
It is my hope that the city of Arlington will force the school committee to, in turn, force compliance with the law by all educators and school administrators. But, that is all I can do. I don’t live in Arlington, so I can’t file suit, since I would be ruled to not have standing (My family and I have no vested interest) in the matter. I can, however, write to the Commonwealth’s Attorney General and Governor and demand that they enforce the law, and failing that, I can write to the federal authorities and demand that they investigate the matter and force compliance. So can you. We can also publicize their action or lack thereof on our demands as fair and just information voters should have when considering who to support with their franchise.
It seems that the “rule of law” and being a “nation of laws” is only true when convenient to those in government. When obeying the law is inconvenient, the government reserves the right to commit criminal acts with impunity because there is no entity (beyond the ballot) to force them to comply or to hold them criminally accountable. Is that the America our founders envisioned when speaking of impartiality and no one man [teacher, administrator or government official] being above the law?
