It would thrill me to the cockles of my heart if we could provide Americans a working knowledge of their constitutional rights in high school.
Because they are sure as hell not getting it from the news.
I remember vividly that I got to participate in a mock trial in 4th grade based on Tinker v. Des Moines, and how exciting it was for me to get to make those arguments.
But that was literally the last time my school meaningfully spoke about a right other than voting.
So yeah, no wonder you've got people raving about HIPAA and sedition and treason. Without a grounding in what the law actually says (which in itself provides a super interesting historical context) you've got no bullshit detector.
Basically, I'd love it if Americans had the same basic familiarity with, say, their rights against search and seizure as they have of the Second World War.
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@RottenInDenmark So normally when there's a legal story, I feel like my role is to be like "it's actually not that crazy and if you understood a bit better you'd understand there are two perspectives."
But this is literally adopting a new theory of the Constitution 5 days before election.
@RottenInDenmark There's this case called Purcell that's like "don't do last minute shit that's gonna fuck up the election." And what these judges decided is that state legislatures have the sole, nondelegable ability to set state policy, based on this in the Constitution.
@RottenInDenmark Conservative judges have, EXTREMELY RECENTLY, taken to arguing that under this, state courts are powerless to hold that state constitutions forbid legislatures from doing things. And also, here, that they can't delegate power to the secretary of state.
Really looking forward to my next meeting at the Schmederalist Society
Wouldn't it be awful if the legislatures that draft state constitutions are later BOUND by those constitutions when they draft statutes?
Why, that would make the Constitution some kind of SUPERLAW that bound later legislatures until amendment
Oh shit, no see, this makes total sense, because the legislatures have to decide how elections happen, but it only counts when they don't make that decision in the form of a Constitution.
That is super textualist. Jennifer Lawrence nodding gif.
I wouldn't hate it if appellate courts had fact checkers and experts they could run opinions by for accuracy.
Not as in, "this is mandatory," but law clerks are never going to be as good at researching factual questions as, say, @RottenInDenmark. It would be cool to have someone smart on hand to look into stuff like "how does this technology work?" or "are these statistics trustworthy?"