EDUC 200
1. After reading the article thoroughly,
a. create a Microsoft Word document consisting of a title page, main body and reference page.
i. The main body must be 2 paragraphs totaling at least 425 words excluding references.
ii. The first paragraph must be a summary of the article with 3 or more supporting details and/or examples
iii. The second paragraph must be your analysis of the contents of the article. Assess the strengths and weaknesses of the article. Determine whether you are in favor or disagreement with the author’s position and support this decision in the second paragraph.
. A minimum of 1 in-text citation must be included. Refer to the APA Basics in the Instructions for APA guidelines.
Submit the Phi Delta Kappan Article Review by 11:59 p.m. (ET) on Monday of Module/Week 4.
Julie unDeRWooD (Julie.
XXXXXXXXXX) is a
professor at the University of
Wisconsin-Madison.
UNDER THE LAW
44 Kappan September 2016
political figure, Scalia’s pass-
ing
ought mixed reviews of
his work:
“God bless Anthony Scalia,
finest Sup Ct Justice RIP”
(Rep. Michelle Bachman,
Twitter)
“The totally unexpected
loss of Supreme Court
Justice Antonin Scalia is
a massive setback for the
Conservative movement and
our COUNTRY!” (Donald
Trump, Twitter)
“Justice Scalia was a defender
of the Constitution, an
important conservative voice
in the court.” (Rep. Rand Paul,
Twitter)
“Today, our country has
suffered a deep loss, Justice
Scalia was one of the most
consequential Americans in
our history and a
illiant legal
mind who served with only
one objective: to interpret and
defend the Constitution as
written.” (Sen. Marco Rubio,
press statement)
But not all comments were
favorable.
“Antonin Scalia, who died this
month after nearly three de-
cades on the Supreme Court,
devoted his professional life
to making the United States a
less fair, less tolerant, and less
admirable democracy. Fortu-
nately, he mostly failed. Bel-
ligerent with his colleagues,
dismissive of his critics,
Justice Antonin Scalia
had a profound
effect on the U.S.
Supreme Court,
consistently adhering
to and promoting,
sometimes scornfully,
a strict constructionist
application of the U.S.
Constitution.
The U.S. Supreme Court
has an incredible effect on
American law and public
policy and thus on our public
schools. You cannot overstate
its importance.
The sudden death of any
justice would cause a stir. But
Antonin Scalia’s passing on
Feb. 13, 2016, is of particular
importance. He was one of
the most influential justices
on the most important bench
in the United States. He is
likely the best-known and
most influential justice since
William Brennan — an in-
teresting irony, since the two
were at opposite ends of the
political spectrum. As would
e true of any high-profile
he blasted his colleagues, the
parties, and/or the attorneys
epresenting them.
Justice Scalia had a pro-
found effect on constitutional
jurisprudence. This is true,
generally and specifically, to
education cases. On the major
education cases, he consis-
tently voted against using race
in decision making, against
claims related to the separa-
tion of church and state, and
in favor of greater restrictions
on students’ rights. Here’s a
closer look at some of these
cases and his opinions.
Religion
Lee v. Weisman XXXXXXXXXXThe
Court held 5-4 that clergy-
led prayers as part of a public
middle school graduation
ceremony were unconstitu-
tional. Scalia wrote in dissent:
“In holding that the Estab-
lishment Clause prohibits
invocations and benedictions
at public graduation ceremo-
nies, the Court — with nary a
mention that it is doing so —
lays waste a tradition that is as
old as public school gradua-
tion ceremonies themselves,
and that is a component of
an even more long-standing
American tradition of nonsec-
tarian prayer to God at public
cele
ations generally.”
Lamb’s Chapel v. Center
Moriches Union Free School
District XXXXXXXXXXThe Court
unanimously held that the
nostalgic for a world where
outsiders knew their place and
stayed there, Scalia represents
a perfect model for everything
that President Obama should
avoid in a successor. ” (Jeffrey
Toobin, New Yorker)
Scalia joined the Supreme
Court in 1986 as a Reagan
appointee. Between 1986 and
2014, he was the deciding vote
on 342 decisions, according to
the Supreme Court database
(http:
supremecourtdatabase.
org). He voted on the
conservative side in nearly
all of these decisions. When
he was on the losing side of
a decision, he often wrote a
dissent. Sometimes, even when
on the prevailing side of the
case, he wrote a concu
ence
to make a particular point.
In some written opinions,
The legacy of Justice antonin scalia
By JULIE UNDERWOOD
Justice Scalia had
a profound effect
on constitutional
jurisprudence.
This is true,
generally and
specifically, to
education cases.
V98 N1 kappanmagazine.org 45
By Collection of the Supreme Court of the United States [Public domain], via Wikimedia Commons
public school district violated
the rights of a group by deny-
ing them after-school access
to the school to show a reli-
gious film series. Scalia voted
in the majority; he wrote a
separate concu
ence to criti-
cize the traditional analysis
used by the majority: “As to
the Court’s invocation of the
Lemon test: Like some ghoul
in a late-night ho
or movie
that repeatedly sits up in its
grave and shuffles a
oad, af-
ter being repeatedly killed and
uried, Lemon stalks our Es-
tablishment Clause jurispru-
dence once again, frightening
the little children and school
attorneys of Center Moriches
Union Free School District.
. . . Over the years, however,
no fewer than five of the cur-
ently sitting Justices have, in
their own opinions, personally
driven pencils through the
creature’s heart (the author of
today’s opinion repeatedly).”
Santa Fe Independent School
District v. Doe XXXXXXXXXXThe
Court held 6-3 that student-
led prayers at public high
school football games violated
the Establishment Clause.
Justice Scalia joined in the
dissent in this case.
Mitchell v. Helms XXXXXXXXXXBy
6-3, the Court upheld the use
of federal funds to pay for ed-
ucational materials in private
eligious schools. The court,
in a plurality opinion, found
no Establishment Clause
violation where the materi-
als were used in “secular,
neutral, and nonideological”
programs. Scalia voted with
the plurality in a decision
written by Justice Clarence
Thomas, noting that there
was no Establishment viola-
tion just because many of the
private schools receiving the
funds were affiliated with a
eligion.
Zelman v. Simmons Ha
is
XXXXXXXXXXBy 5-4, the Court
upheld the Cleveland, Ohio,
program of private school
vouchers, including religious
schools. Justice William
Rehnquist wrote the opinion
finding no violation of the
Establishment Clause; Scalia
joined the majority.
Locke v. Davey XXXXXXXXXXThe
Court held 7-2 that states did
not violate the First Amend-
ment by excluding theology
students from public schol-
arships. Scalia, joined only
y Justice Thomas, wrote
in dissent, “When the state
withholds a benefit from
some individuals solely on the
asis of religion, it violates
the Free Exercise Clause no
less than if it had imposed a
special tax. That is precisely
what the state of Washington
has done here. It has created
a generally available public
enefit, whose receipt is
conditioned only on academic
performance, income, and
attendance at an accredited
school. It has then carved out
a solitary course of study for
exclusion: theology.”
Arizona Christian School
v. Winn XXXXXXXXXXThe Court
upheld 5-4 an Arizona law
allowing tax credits for
contributions made to school
tuition organizations that pro-
vide scholarships to students
attending private schools,
including religious schools.
Scalia’s concu
ence dealt
with the taxpayers’ standing
to
ing the action to court.
Discrimination
United States v. Virginia
XXXXXXXXXXThe Court struck
down 7-1 the exclusion of
women from the Virginia
Military Institute, a public
higher education institution.
Scalia was the lone dissent:
“Today the Court shuts down
an institution that has served
the people of the Common-
wealth of Virginia with pride
and distinction for over a
century and a half XXXXXXXXXXAs to
the facts: It explicitly rejects
the finding that there exist
‘gender-based developmen-
tal differences’ supporting
Virginia’s restriction of the
‘adversative’ method to only
a men’s institution, and the
His passion for a strict construction
of the Constitution was clear in his
writing. He voted in the majority
in many opinions but was not a
“swing” vote since his direction
never varied. He was a steadfast
conservative strict constructionist.
46 Kappan September 2016
act in loco parentis with the
power and indeed the duty
to inculcate the habits and
manners of civility. Thus,
while children assuredly do
not ‘shed their constitutional
ights XXXXXXXXXXat the schoolhouse
gate,’ the nature of those
ights is what is appropriate
for children in school.”
Board of Education of Pot-
tawatomie County v. Earls
XXXXXXXXXXThe Court upheld
5-4 a school district policy re-
quiring all students wishing to
participate in extracu
icular
activities to submit to random
drug testing, i.e. urinalysis.
Scalia joined the majority
opinion.
Morse v. Frederick (2007).
The Court upheld 5-4 school
administrators’ ability to
punish a student for display-
ing the banner “Bong Hits 4
Jesus” at a school function.
Scalia joined the majority
opinion.
Since his death, his absence
has been obvious on the