Tag: Justice

This is who we are

Posted on | by Sam

To think of all that is happening, now, as it has always been happening, in one form or another — the murder of Philando Castile (and too many others to name), the cruelty of Trump, the privilege only some of us can claim, the self-assured blindness of so many of us, the urgent need for all of us to do more work — for others, on ourselves, in service of being healthy.

This is who we are.

And then to see things like this, and to be reminded of the other side of it all:

This is who we are, too.

Occupy Third Grade?

Posted on | by Sam | 5 Comments on Occupy Third Grade?

On a crisp fall morning in the nation’s capital, 3rd grade teacher Rebecca Lebowitz gathered her 29 public school students on their familiar giant multicolored carpet, and reminded them how to make sense of the characters whose worlds they would soon enter during independent reading time.

“What are the four things we want to look for when we meet a new character?” Ms. Lebowitz asked from her chair at the foot of the rug. Several hands shot up before nine-year-old Monica spoke confidently over the steady hum of the classroom’s antiquated radiator. “We want to pay attention to what they do, what they say, how they feel, and what their body language tells us.” “That’s right,” her teacher said cheerily. “When we look for those four things, we have a much better sense of who a person really is.”

As the calendar shifts to the eleventh month of 2011 – a year of near-constant revolution and upheaval, from the Arab Spring to the Wisconsin statehouse to the global effort to Occupy Wall Street – what might the rest of us learn from students like Monica? If, in short, we were as smart as a third-grader, what would we observe about the character of this year’s global protests, and what might we decide to do next?

1. It is not about “democracy” – As much as we glorify and value the principles and practices of our democratic system of government, it’s not democracy per se that is at the root of this unleashed global yearning. As New York Times columnist Tom Friedman recently pointed out, what motivated the protesters in Tahrir Square – and what most animates those who continue to brave the wintry weather in public squares around the world – is a deeper quest for what lies at the root of a genuinely democratic society: justice.

The people protesting around the world are not just looking to be seen; they’re demanding to be heard. And what they’re saying is that from Egypt to the United States, essential social contracts have been broken – contracts that require at least a modicum of fairness and balance. If anything, therefore, these movements are about highlighting an uncomfortable truth: merely having a democracy does not guarantee a just society, and the tendencies of democracy and capitalism, left untended, tend to flow in different directions.

2. It is about unsustainable social orders – Across the Middle East, citizens have been risking their lives for months to protest the injustice of their daily lives. And yet the absence of social justice is a cancer that has already spread well beyond the borders of the Arab world. According to a recent analysis of the 31 countries that make up the Organization for Economic Cooperation and Development (OECD), nearly 11% of all people in OECD countries live in poverty. Worse still, 22% of American children are affected by poverty, yet the United States spends only 0.33% of its GDP on pre-primary education.

When these data are combined with other indicators like income inequality, access to health care, and the percentage of elderly citizens living in poverty, the United States gets a social justice rating that trails all but four of the OECD’s 31 countries. Add to that the now-well-known fact that the top 1% of Americans now control 40% of the total wealth, and you have an unsustainable social system, plain and simple. Clearly, people are angry, and they’re not going to take it anymore.

3. It does require a reboot of public education – History has shown us that to sustain a movement for transformational social change, anger is both necessary and insufficient. To sustain our energy, we are best fueled by an empathetic regard for the needs of others, not just our own. As Gandhi put it, “I discovered in the earliest stages that pursuit of truth did not admit of violence being inflicted on one’s opponent but that he must be weaned from error by patience and compassion.”

If what we seek, then, is a more sustainable and just social order, how should we recalibrate our public schools – the institutions most responsible for equipping children with the skills and self-confidence they need to become effective and justice-oriented change agents as adults?

We might start by evaluating each other the same way Ms. Lebowitz’s students evaluate new characters in a book. To fulfill the egalitarian vision of 2011, children must grow up in learning environments that are sensitive not just to what they do and say, but also to how they feel and what their body language tells us about the larger world they inhabit. This, too, is a central insight of those who study systemic change. “We need to learn to attend to both dimensions simultaneously,” says M.I.T management professor Otto Scharmer. “What we say, see, and do (our visible realm), and the inner place from which we operate (the invisible realm, in which our sources of attention reside and from which they operate).”

Recent events have underscored just how essential it is to acknowledge our global interdependence; after all, it was the financial subterfuge of the few that affected the personal wellbeing of the many. That’s why a healthy democracy is more than just policies and practices – and a healthy school is more than just test scores and teacher policies. That’s why the American activists of tomorrow need more than just the occasional lesson about Gandhi or King; they need consistent opportunities to actively apply their own developing compassion for others in the service of creating a better world. And that’s why students like Monica need to grow up in a society willing to heed the rising voices of the protesters and recommit to our nation’s founding promise:  “We the people, in order to form a more perfect union, establish justice.”

(This article also appeared in the Huffington Post.)

Justice in the City

Posted on | by Sam

A few shots of what it looks like when eight-year-olds come face to face with our nation’s monuments to justice — and briefly contemplate what it means to carry on the tradition.

In What Way Justice?

Posted on | by Sam

What does it mean to be an American the day after Georgia may have just murdered an innocent man?

Read the first words of the preamble to our Constitution: “We the People of the United States, in Order to form a more perfect Union, establish Justice.”

Read the phrase engraved above the entrance to the U.S. Supreme Court: “Equal Justice Under Law.”

And read the reaction by the widow of the man Troy Davis was convicted of murdering 22 years ago: “We have laws in this land so that there is not chaos.”

In this year of global upheaval – from Egypt to Wisconsin – what is happening to our capacity to serve as the world’s beacon of freedom and equality? And when did our conception of justice shift so mightily – from securing equal treatment to avoiding chaos?

For those of us concerned with comprehensive school reform, the execution of Troy Davis is more than a temporary news item. Just twenty years old when he was arrested, Davis was also a high school dropout. And although his full reasons for doing so are unclear, what is clear is that of the ~1.2 million young people who leave school each year, more than half are from minority groups. Worse still, this pipeline of talent is running in the wrong direction, and sending disproportionate numbers of African-American men away from the workforce and higher education, and toward the dead end of the prison system.

The Advancement Project, a civil rights “action tank” committed to highlighting this issue, explains: “Across the country, school systems are shutting the doors of academic opportunity on students and funneling them into the juvenile and criminal justice systems. The combination of overly harsh school policies and an increased role of law enforcement in schools has created a “schoolhouse-to-jailhouse track,” in which punitive measures such as suspensions, expulsions, and school-based arrests are increasingly used to deal with student misbehavior, and huge numbers of youth are pushed out of school and into prisons and jails. In many communities, this transforms schools from places of learning to dangerous gateways into juvenile court. This is more than an education crisis; it is a racial justice crisis, because the students pushed out through harsh discipline are disproportionately students of color.”

The economic and opportunity costs of this exodus have been well documented. Yet today, in the wake of the United States Supreme Court’s cavalier reluctance to intervene in the state-sanctioned execution of a potentially innocent man, let’s be clear: the cost of this systemic societal dysfunction runs much deeper than lost wages. At stake is the legitimacy of our status as a nation committed to equal justice under law. At stake are the lives of potentially innocent men and women caught up in the gears of our legal system. And although our courts would seem to bear the sole weight of righting the ship, it is our public schools that are most responsible for giving young people the skills and self-confidence they need to not just stay out of trouble, but also become active, visible contributors to the common good. As the Greek philosopher Plato observed, more than 2,500 years ago, a civil society’s ultimate wellbeing rests primarily on its capacity to answer a single question: “But how, exactly,” he wrote, “will they be reared and educated by us? And does our considering this contribute anything to our goal of discerning that for the sake of which we are considering all these things – in what way justice and injustice come into being in a city?”

Is a Free Education a Fundamental Right?

Posted on | by Sam | 10 Comments on Is a Free Education a Fundamental Right?

(This article originally appeared on cnn.com.)

Should your zip code determine your access to the American dream? Or is the U.S. Constitution’s guarantee to provide “equal protection” a principle we have silently agreed to uphold in theory – but not in practice?

I’m starting to wonder after reading about Tanya McDowell, the Connecticut mother facing felony charges for lying on her five-year-old son’s registration forms so he could attend a better school. McDowell’s story is painfully reminiscent of Kelley Williams-Bolar, the Ohio mother who made a similar choice earlier this year – and is now a convicted felon.

These two stories of civil disobedience come against the backdrop of an ongoing national conversation about our public school system – and how it must be improved. They also provide an unsettling irony in lieu of tomorrow’s 57th anniversary of Thurgood Marshall’s historic victory in Brown v. Board of Education, the 1954 U.S. Supreme Court decision that triumphantly reaffirmed a core American principle: “In the field of public education the doctrine of ‘separate but equal’ has no place.”

If Marshall were alive today, he would urge us to stop celebrating our symbolic victory in Brown, and start accepting our actual responsibility for tolerating a public education system that is, clearly, still separate, and still unequal.

Marshall said so himself, in a lesser known 1973 Court opinion, San Antonio v. Rodriguez. But this time he was not the lead lawyer, arguing the case, but the Court’s first African-American justice, issuing a ruling. And this time, he was on the losing side.

The case began when a group of poor Texas parents claimed that their state’s tolerance of the wide disparity in school resources – much of which were determined by the value of local property taxes – violated the Equal Protection Clause of the 14th Amendment. A state court agreed, but the U.S. Supreme Court, in a narrow 5-4 decision, reversed.

Gone from the Court’s 1973 ruling was its 1954 contention that “education is perhaps the most important function of state and local governments.” Gone, too, was its assertion that “it is doubtful any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity,” wrote a unanimous Court in Brown, “where the state has undertaken to provide it, is a right which must be made available to all on equal terms.”

Instead, the five-Justice majority in Rodriguez wrote simply that while the Texas school system “can fairly be described as chaotic and unjust . . . it does not follow that this system violates the Constitution.”

“Though education is one of the most important services performed by the state, it is not within the limited category of rights recognized by this Court as guaranteed by the Constitution.” If it were, the majority conceded, “virtually every State will not pass muster.”

For Justice Marshall, that was precisely the point. “The Court concludes that public education is not constitutionally guaranteed,” he wrote, even though “no other state function is so uniformly recognized as an essential element of our society’s well being.”

Marshall understood that without equal access to a high-quality public education, democracy doesn’t work. “Education directly affects the ability of a child to exercise his First Amendment rights,” he explained. “Education prepares individuals to be self-reliant and self-sufficient participants in society. Both facets of this observation are suggestive of the substantial relationship which education bears to guarantees of our Constitution.”

So here we are, nearly thirty years after Rodriguez – and nearly sixty after Brown – and yet parents like Tanya McDowell and Kelley Williams-Bolar feel compelled to break the law to ensure that their children receive a fair shot at the American dream. Meanwhile, income inequality has reached unprecedented levels, the nation has simultaneously grown more racially and ethnically diverse, and massive spending disparities remain between schools.

In today’s America, when it comes to public education, have we allowed our five-digit zip codes to become the equivalent of a lottery ticket to a better future? Is this really who we wish to be?

After so many years and so little real change, something new – perhaps even something drastic – needs to be done.

What if we took away the legal ambiguity that resulted in a 5-4 Supreme Court decision? What if we made the guarantee of an equal opportunity to learn our nation’s 28th Constitutional Amendment?

What do YOU think? Is a Free Education a Fundamental Right?

a)    NO. A public education is extremely important. It’s also not listed as a fundamental right anywhere in the U.S. Constitution. It may be imperfect, but the Supreme Court got it right in the Rodriguez case.

b)   YES. The 14th Amendment’s guarantee of “equal protection” under the laws is sufficient grounds for recognizing the unique value of a quality education. It’s time to reinterpret the Rodriguez case!

c)    NOT YET. Reinterpreting Rodriguez is not enough. It’s time to make equal access to a quality education an undeniable right. It’s time for the 28th Amendment to the U.S. Constitution!