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blm

(113,042 posts)
Thu Sep 28, 2017, 08:14 PM Sep 2017

Longtime DUers: 'Baby blm' is now a senior in high school and her AP Gov teacher is a RWer.

This Freeper Teacher enjoys twisting and distorting issues to fit her bias, no matter the topic.

Current issue is US v Lopez. This is not a case that I have delved into, at all, and I would like some feedback from trusted compatriots here who are familiar with the case and its consequences. Also, opinions on the Supreme Court's jurisdiction and the debate over the Commerce Clause in this case.

Thank you.

PS: A highschool senior already, fer chrissakes.

13 replies = new reply since forum marked as read
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TexasTowelie

(112,102 posts)
1. Look upon this as an opportunity for your daughter to learn how to write for her audience.
Thu Sep 28, 2017, 08:21 PM
Sep 2017

Your daughter doesn't have to agree with the teacher, but she will need to learn how to avoid topics that are likely to provoke a response from the teacher.

Good luck.

elleng

(130,864 posts)
2. In United States v. Lopez (1995), the Supreme Court ruled that Congress had exceeded
Thu Sep 28, 2017, 08:23 PM
Sep 2017

its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.

United States v. Alfonso D. Lopez, Jr., 514 U.S. 549 (1995) was the second United States Supreme Court case since the New Deal to set limits to Congress' power under the Commerce Clause of the United States Constitution. The Supreme Court held that the federal Gun-Free School Zones Act of 1990, which banned possession of handguns near schools, was unconstitutional because it did not have a substantial impact on interstate commerce. After the Lopez decision, the act was amended to specifically only apply to guns that had been moved via interstate commerce. . .

Dissenting opinions[edit]
Justice Breyer authored the principal dissenting opinion.[14] He applied three principles that he considered basic:

The Commerce Clause included the power to regulate local activities so long as those "significantly affect" interstate commerce.
In considering the question, a court must consider not the individual act being regulated (a single instance of gun possession) but rather the cumulative effect of all similar acts (i.e., the effect of all guns possessed in or near schools).
A court must specifically determine not whether the regulated activity significantly affected interstate commerce, but whether Congress could have had a "rational basis" for so concluding.'>>>

https://en.wikipedia.org/wiki/United_States_v._Lopez

blm

(113,042 posts)
3. Thanks - she's struggling a bit with this case. She usually has a strongly developed sense about
Thu Sep 28, 2017, 08:59 PM
Sep 2017

SC cases going in, but, this one is challenging her.

elleng

(130,864 posts)
4. Complex and difficult. Would do more if I could take the time,
Thu Sep 28, 2017, 09:05 PM
Sep 2017

I worked in interstate commerce before I retired.

'Although the ruling stopped a decades-long trend of inclusiveness under the commerce clause, it did not reverse any past ruling about the meaning of the clause. Later, Rehnquist stated that the Court had the duty to prevent the legislative branch from usurping state powers over policing the conduct of their citizens. He admitted that the Supreme Court had upheld certain governmental steps towards taking power away from the states, and cited Lopez as a decision that finally stepped in to check the government's authority by defining clearly between state and federal powers.[13]' from wiki

blm

(113,042 posts)
5. I hear ya - Older and more tired here, too. ; )
Thu Sep 28, 2017, 09:21 PM
Sep 2017

That'll teach me for having a baby at 45. heheh

elleng

(130,864 posts)
6. YOU too???!!!
Thu Sep 28, 2017, 09:48 PM
Sep 2017

My oldest was born 2 weeks before my 40th b'day, and her sister 3 years later! Going to visit the older (and her kids, b'day for 2 year old, and her > 4 year old brother) tomorrow!

Do wish I could take the time to decipher the decision.

Doreen

(11,686 posts)
7. If a teacher was trying to teach my kids
Thu Sep 28, 2017, 09:51 PM
Sep 2017

to lean toward their beliefs or grade them according their belief I would be all over the schools ass.

Baconator

(1,459 posts)
9. Odds are they aren't being blatant or factually untrue...
Thu Sep 28, 2017, 09:55 PM
Sep 2017

Just emphasizing different bits over others or presenting in a certain way etc...

blm

(113,042 posts)
12. That's exactly it
Sun Oct 1, 2017, 03:51 PM
Oct 2017

Baby blm saw the manipulation from day one. Of course, the Fair Tax poster hanging in her classroom made for an easy tell.

MuseRider

(34,105 posts)
10. LOL it is always a surprise isn't it?
Thu Sep 28, 2017, 10:02 PM
Sep 2017

Mine are both in their early 30's now and one is making me a grandma finally the end of November!

My oldest had a Vietnam vet as his AP gov teacher who was pretty conservative. The good thing is that he was happy to discuss anything with them and often pitted himself against them in order to teach them how to discuss political differences. He was pretty nice, I liked him and my son learned a lot but remains a big old lefty.

Sadly 2 years later when my youngest took it it was only offered on CD with 4 tests during the semester. No homework, no teacher, no discussion all you had to do was listen well enough to pass the tests. He too is a big old lefty but he certainly did not learn much more than the basics.

davsand

(13,421 posts)
11. Little Sand is now 20. Majoring in history with a poli sci minor.
Thu Sep 28, 2017, 10:57 PM
Sep 2017

I had to laugh recently. I was out at Pridefest volunteering in the progressive Dems tent and a long time friend who's running for Congress came strolling up. He was all excited because he'd been at Little Sand's College Dems meeting and ran into Little Sand after not seeing her for a few years. He first met her when she was maybe 5 or 6 years old when we all walked in a parade together. He was over the moon delighted that she had asked him if he needed help walking precincts...



They grow up fast.


Laura

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