News and Features
The attacks hardened the resolve of immigrant bashers and anti-Semites.
Packing the judiciary with right-wingers like Priscilla Owen.
When the New York City Board of Education called on public schools to
bring back the Pledge of Allegiance in the wake of 9/11, my daughter, a
freshman at Stuyvesant High, thought her big chance to protest had
finally come. Have you thought about what you'll say if you have to
justify not reciting it? I asked. "Sure," she replied. "I'll say,
there's such a thing as the First Amendment, you know--separation of
church and state? I mean, under God? Duh!" Judge Alfred Goodwin
of the Court of Appeals for the Ninth Circuit, meet my Sophie, future
president of the ACLU if the punk-rock-guitarist plan doesn't work out.
Virtually every politician in the country has issued a press release
deploring Judge Goodwin's ruling that the words "under God" constituted
a coercive endorsement of religion. "Ridiculous!" said the President.
Tom Daschle led the Senate in a stampede to condemn the ruling 99 to 0,
after they recited the pledge together. The Times editorial
expressed the standard liberal line, mingling world-weariness and fear:
"under God" is a trivial matter, so why arouse the wrath of the mad
Christians? You can turn that argument around though--if it's so
trivial, why not do the right, constitutional thing? Let the
nonbelieving babies have their First Amendment bottle! The very fact
that the vast majority of Americans believe in God counts against
inserting expressions of religious faith into civic exercises for
kids--civil liberties are all about protecting unpopular minorities from
being steamrollered by the majority. The history of "under God" is not
very edifying or even very long: It was added to the original
pledge--written in 1892 by Francis Bellamy, a socialist--by Congress in
1954 as a means "to deny the atheistic and materialistic concept of
communism." If that was the purpose, it worked. The new Evil Ones,
however, have no quarrel with being "under God"; it's the "liberty and
justice for all" they disapprove of. If we really want to drive them
nuts, we should change "under God" to "with equality between men and
women." Or better yet, retire the pledge as an exercise in groupthink
unbefitting a free people.
Something tells me we haven't seen the last classroom invocation of the
divine umbrella--Judge Goodwin has already stayed his own ruling--but
even if the decision is upheld, it's unfortunately the least significant
in a number of recent rulings about education. The Supreme Court
decision upholding the Cleveland school voucher program is a real,
nonsymbolic triumph for organized religion, which stands to reap
millions of dollars in public funds, taken directly from the budgets of
the weakest school systems. Theoretically, your tax dollars can now
support the indoctrination of every crackpot religious idea from
creationism to stoning, with extra credit for attending rallies against
legal abortion and for the retention of "Judea" and "Samaria" as God's
gift to the Jewish people. What happened to e pluribus unum?
(Interestingly, as David Greenberg notes in Slate, e pluribus
unum was replaced as the national motto in 1956 by... In God We
Trust!) And what about that pesky First Amendment? Writing for the 5-4
majority, Chief Justice Rehnquist argues that separation of church and
state is preserved because it is the parent, not the state, who actually
turns the voucher over to the religious school. By the same logic, why
not a health system in which patients get vouchers good for surgery or a
ticket to Lourdes?
The same day brought the Court's decision upholding random drug testing
of students who want to take part in after-school activities. Now
there's a great idea--take the kids who could really use something
productive to do with their afternoons, kids who, whatever mischief
they're up to, actually want to run track or sing in the chorus or work
on the yearbook, and don't let them do it! God forbid some 16-year-old
pothead should get a part in the drama club production of Arsenic and
Old Lace. The harm of the ruling isn't just that kids who do drugs
will now have yet more time on their hands and yet more reason to bond
with their fellow slackers, it's that everyone gets a lesson in
collective humiliation and authoritarianism--stoned or straight, the
principal can make you pee in a cup. Consider too that one-third of
schools now offer abstinence-only sex education, in which kids are told
that contraception doesn't work and having sex before marriage is likely
to be fatal--if the kids don't go to parochial school, apparently,
parochial school comes to them.
The prize for the worst school-related decision, though, has to go to
the panel of New York State appeals court judges that reversed Justice
Leland DeGrasse's brave and noble ruling invalidating the state's school
funding formula, which gives less money per child to New York City
schools despite the fact that city schools have disproportionate numbers
of poor and non-English-speaking children. According to Justice Alfred
Lerner, author of the court's majority opinion, the state is required to
provide its young only the equivalent of a middle-school
education--enough for them to sit on a jury, vote and hold down a menial
job. Anything more is optional and can be distributed at will. (Why not
let kids drop out after eighth grade, you may ask? Well, then they'd
miss abstinence classes and drug tests and reciting the Pledge of
Allegiance!) The world needs workers at the lowest levels, the judge
observes, so let the black and Hispanic kids of New York City be the
hewers of wood and drawers of water and flippers of burgers. Somebody's
got to do it--and it's a safe bet it won't be the judges' children.
Maybe the critical legal theorists are right and the law is merely a
form of words into which can be poured whatever meaning the ruling class
wants it to have. It's hard to understand in any other way the court's
willful misunderstandings of the actual conditions of city public
schools, so that they could respond to plaintiff's evidence of schools
with decades-old outmoded science textbooks by harrumphing that there's
nothing wrong with libraries full of "classics."
Saving the worst for last, on the final day of the term the Supreme
Court issued 5-to-4 rulings on school vouchers and drug testing that
blow a huge hole in the wall of church-state separation and shrivel the
privacy rights of students.
Since 1996 Ohio has provided tuition aid for Cleveland grade school
students to attend private schools, special city or suburban public
schools and individual tutoring classes. In the 1999-2000 school year,
96 percent of the students in this program went to religious schools.
Nevertheless, the Supreme Court approved the voucher system (Zelman
v. Simmons-Harris). Writing for the Court, Chief Justice William
Rehnquist noted that the tuition aid went initially to the parents, who
then endorsed the check over to the school. Because the parents could
have chosen one of the public school programs, the "incidental
advancement of a religious mission," wrote Rehnquist, is not
attributable "to the government, whose role ends with the disbursement
On its face, this is nonsense. The "achievement of a religious mission"
is directly attributable to the state, which actually pays the funds to
the religious institution; the parent is only a conduit who directs
where the money will go. The declared purpose of these schools is
religious indoctrination of students. The curriculums include prayer,
and all subjects are taught in a religious framework. Providing the
tuition money that makes it possible for these schools to enroll their
students puts the government squarely in the business of achieving a
Formally, the program was neutral, but in practice it was not. The
amount of aid was too little for nonreligious private schools but more
than enough for the low-cost religious schools, where the program paid
for the full tuition. The overwhelming proportion of this money thus had
to go to religious schools, which, of course, the Ohio legislature had
to know. Moreover, if formal neutrality is the test, a program will pass
muster even if all the money and students go to religious schools, so
long as it has some secular purpose. Since such a purpose can always be
produced, the door is wide open for massive state support of
fundamentally religious activity.
The focus on choice ignores the point of the Establishment Clause of the
Constitution. That clause is not designed to promote a choice between
religious and nonreligious institutions, nor is there any right to such
choice at state expense. The intent of the Establishment Clause is to
avoid spending taxpayer money in a way that promotes religion and thus
encourages sectarian rivalry. We had a great deal of such strife before
1787, and the clause was adopted to prevent this. Also, as Jefferson
explained, no one should be "compelled to...support any religious
worship, place, or ministry whatsoever...[even a] teacher of his own
religious persuasion"; Madison, the father of the Bill of Rights, shared
The decision will probably not result in many more voucher programs.
There is a lack of state money for education and strong allegiance to
public schools; studies by the government and other organizations do not
support the claim that voucher programs substantially improve academic
achievement. The decision will, however, produce many bitter religious
fights. As soon as the decision came down, state and federal legislators
introduced voucher legislation. There will also be conflicts over other
programs, including challenges by religious groups to the more stringent
provisions on church-state separation in state constitutions.
The Court's drug testing decision is also more important for what it
portends than for its immediate result. In 1989 the Vernonia, Oregon,
school district instituted a drug testing program for student athletes.
In 1995 the Court approved the program but stressed the special
circumstances of the case: Vernonia had a serious drug problem in which
athletes were the leaders of the drug culture; missed football plays and
serious sports accidents had been attributed to drug abuse. The Court
cautioned, however, "against the assumption that suspicionless drug
testing will readily pass Constitutional muster in other contexts."
That caution disappeared, however, when the Tecumseh, Oklahoma, school
district found drugs on the campus, heard students talk about drug use
and decided to test all middle and high school students who wanted to
participate in competitive extracurricular school activities. Lindsay
Earls, a member of the choir, the marching band, the Academic Team and
the National Honor Society objected but, after winning in appeals court,
lost in the Supreme Court (Board of Education of Independent School
District No. 92 of Pottawatomie County v. Earls).
Writing for the majority, Justice Clarence Thomas ignored all the
special circumstances of the Vernonia case and dismissed the absence of
a demonstrated problem of drug abuse as unimportant. Because (1)
students have a reduced expectation of privacy, (2) the intrusion is
"negligible," (3) the sanction (exclusion from extracurricular
activities) is minor and (4) drug abuse is a bad thing, the program is
acceptable. Any effort to link drug abuse to choir singing, the marching
band or the Academic Team would have been ludicrous, and Thomas didn't
even try. On his reasoning, as long as the sanctions are minor, all
students may be subjected to drug testing because the other factors he
mentioned always exist.
Although the decision is far-reaching, its immediate impact is likely to
be modest. Few schools routinely test even their athletes, and
widespread testing is expensive. The decision underscores once again,
however, that for the Supreme Court, the rights of young people are
shredded when they walk through the schoolhouse gates.
Politicians and courts are taking their cues from growing public
They pledge allegiance to the thought
That every politician ought
To take a stand that's foursquare for the Lord.
They think if they say, "God is great!
Don't separate him from the state!"
Election is the blessing he'll afford.
When Ted Rall's cartoon "Terror Widows" appeared on the New York Times website on March 6, angry letters of complaint poured into the
It's been more than three months since twelve Florida State University
students were arrested for setting up a "tent city" in front of the
school's administration building.
Belief in God is not the issue in the continuing brouhaha over the constitutionality of the Pledge of Allegiance. Rather, it's the government's endorsement of a monotheistic God.
Writing in a forthcoming issue of The Journal of Israeli History
about Israeli revisionism, Mark Lilla of the University of Chicago's
Committee on Social Thought makes the observation that while American
neoconservatives like to present themselves as people who "care deeply
about ideas," in truth "they are engaged in intellectual life...not out
of curiosity or natural inclination, but out of a purely political
passion to challenge 'the intellectuals,' conceived as a class
whose political tactics must be combated in kind." Hence, the
"quasi-militaristic rhetoric," the "cavalier use of sources and
quotations," and the frequent "insinuations of intellectual bad faith
and cowardice, even treason." This style marks them, Lilla notes, as a
new breed: the "counter-intellectual."
A former editor of the neocon policy journal The Public Interest
and author of The Reckless Mind: Intellectuals in Politics, Lilla
observes that among his older friends, some "had once been genuine
intellectuals who made important contributions to history and
criticism." Their obsessive hatred of the culture of the sixties,
however, induced them to renounce "any intellectual ambitions that did
not serve the cause of restoring the cultural status quo ante. As
for the young people they inspired and frequently sired, they became
counter-intellectuals without ever having been intellectuals--a unique
American phenomenon." Neocon history, Lilla explains, is one of
"political success and intellectual failure." He laments, "To judge by
the kinds of articles published in magazines like Commentary and
even Partisan Review in this period, it was hard to imagine that
writers like Lionel Trilling, Clement Greenberg, and Delmore Schwartz
had ever graced their pages."
The mass media never noticed this transformation. If you look, for
instance, at the reviews of David Brock's book Blinded by the
Right--wherein Brock laments the moral and intellectual decline from
Norman Podhoretz to homo-hating son John--even die-hard liberals take
the old guys on their own self-flattering terms, as if the neocon
parents were men and women of profound idealism while the "minicon"
children can muster only attitude. Well, as John Lennon used to say,
"The dream is over." The neocons have shown their true intellectual
colors, and they are not pretty.
As The Chronicle of Higher Education recently reported, Irving
Kristol, Gertrude Himmelfarb, Hilton Kramer and the intellectual
historian John Patrick Diggins have all withdrawn from a conference
honoring the work of Sidney Hook, to be held at the City University of
New York. Diggins, according to conference organizer Robert Talisse,
went so far as to threaten not only to convince others to stay away but
also to convince certain funding institutions to withdraw their money
(and hence, destroy the conference). The alleged crime: Somebody invited
Cornel West to replace Richard Rorty as a featured guest.
Now whatever one may think of Brother West's recent political
activities--and I think very little of them--he is a recognized scholar
of both Hook and the pragmatist tradition in which the latter labored.
Rorty, for instance, whose authority on pragmatism nobody dares to
question, praises West's The American Evasion of Philosophy as "a
novel piece of intellectual history." The book contains a long and
thoughtful discussion of Hook.
The Chronicle reports that this Gang of Four felt West to be "not
enough of a scholar" to justify their presence. This is a bit like a
little league coach claiming Barry Bonds is "not enough of a hitter" to
play a game of sandlot ball. Kristol and Kramer have made careers as
ideological entrepreneurs and polemical publicists. They cannot boast a
single work of lasting scholarly significance between them. Gertrude
Himmelfarb and John Patrick Diggins are both serious, albeit unusually
combative and ideology-minded, historians. Both have shamed themselves
with this act of combined intellectual cowardice and conservative
Harvard president Larry Summers, a neocon hero, lost West to Princeton
at least in part because of his willingness to confront him with
unfounded rumors that the deeply committed teacher was stiffing his
students. West saw his name dragged through the mud in conservative and
some not-so-conservative publications due to his willingness to take his
scholarship and inspirational personal presence beyond the territories
traditionally traversed by Harvard's University Professors. The great
irony of the CUNY conference on Sidney Hook is that it finds West doing
just what Summers and his critics complained he had neglected:
participating in the scholarly life of the academy.
One wonders just what is so frightening. Perhaps it is a sense of being
outgunned. I have seen West debate the elder Podhoretz at a conference
sponsored by the Whitney Humanities Center at Yale, and the two proved
so mismatched I left feeling a little sorry for Norman. Equally likely,
however, is the fear that a leftist like West will remind audiences that
their putative hero died a proud socialist. He may have been a fanatical
anti-Communist, but his passions derived from an honest engagement in
the life of the mind, something the neocons long ago forfeited in their
love affair with power.
Ironically, West told Sam Tanenhaus that he didn't know he had been
invited to the conference and was wholly unaware of having caused a
conservative boycott. He explained, however, that he had been planning
to go anyway--as a spectator. He saw a notice about it in The New
York Review of Books and looked forward to catching up on the recent
scholarship on Hook. West recalled that back in 1985 he had flown from
California to Washington, DC, to be present for Hook's Jefferson Lecture
and had the opportunity to tell the then-83-year-old philosopher how
important his work had been to him.
Hook never succeeded in fusing Marx with Dewey, just as West, in this
view, is still quite a distance from combining Gramsci with Sly Stone.
They agreed on virtually nothing about the cold war or the culture wars.
But they did share a commitment to follow their ideas wherever they
might lead, and to take on all comers in a spirit of good faith and
honest engagement. We can all learn from that.