In this week's newsletter, Pam Benigno, the Director of the Education Policy Center, covers why today's Democratic primary will impact Colorado charter schools. Dave Kopel takes a victory lap with a win at the U.S. Supreme Court. Rob Natelson, Independence Institute's Senior Fellow in Constitutional Jurisprudence, shares his article on Trump's hush money case. On PowerGab, our newest show covering all things Colorado energy, hosts Amy Cooke and Jake Fogleman discuss Colorado's Clean Heat Plan and who is going to end up paying.
A friend sent me an article from The Federalist suggesting that rather than donate to your woke alma mater, support K-12 schools that offer a classical education program. The author highlights Merit Academy, a classical charter school authorized by the Woodland Park School District. The story links to a television news story about an event Merit Academy hosted. A British-born 106-year-old woman who is a WWII veteran spoke with the children.
I visited Merit Academy a couple of years ago. I was impressed by how the community came together and was determined to start a classical charter school so Woodland Park families could have an educational option. Independence Institute Education Senior Fellow Ross Izard wrote a terrific school profile titled Merit Academy: A Story of Perseverance. It’s a unique story and worth reading.
Colorado has numerous classical schools, which can be found on our website, SchoolChoiceForKids.org. There are about 40 K-12 classical charter schools and more than 25 private/religious K-12 classical schools. Any one of them will take your donation.
The outcome of today’s Democratic primary results carries significant implications for charter schools. It will shape their treatment in future legislative sessions and influence the decisions of the Colorado State Board of Education in charter school appeals. This development should be of concern to all those invested in the future of charter schools.
Over a decade ago, I spent two years researching the history of Colorado’s charter school law. I knew that Independence Institute’s co-founder, the late David D’Evelyn, was critical to the law's passage. However, what I learned through listening to the recorded legislative proceedings, archived documents, almost 20 interviews, and the collection of information shared by the late Representative Peggy Kerns and Governor Owens, the bill's senate sponsor, surprised me. Knowing that the current public system was not serving all children well, both Democrats and Republicans had explored a new breed of autonomous public schools for several years before the 1993 law passed.
Charter school supporters will watch tonight’s election results and hope for the best.
Last Friday brought the Independence Institute another win at the U.S. Supreme Court. In United States v. Rahimi, the Court upheld 18 U.S. Code 922(g)(8)(C)(i). That statute bans firearms possession for persons who are subject to a domestic violence restraining order; the order must be issued after an evidentiary hearing in which a judge makes specific findings about the subject.
In 2023, the Fifth Circuit Court of Appeals held the statute facially unconstitutional. The Department of Justice petitioned the Supreme Court for certiorari, and the Court granted the petition.
Last Fall, when the briefs were being filed, I co-authored an amicus brief on behalf of the Independence Institute, the Second Amendment Law Center (based in Nevada), and 10 professors of Second Amendment law. That brief took a unique position.
The federal domestic violence statute contains two subsections. Subsection (C)(i), which had been applied to Rahimi, requires specific factual findings about the subject of the order. Subsection (C)(ii) also bans a person from possessing firearms; it does not require any factual findings at all.
Before the Supreme Court, the amicus briefs on the federal government’s side argued that all of (g)(8)(C) is compliant with the Second Amendment. The briefs on Rahimi’s side argued that all of (g)(8)(C) is unconstitutional. The Independence Institute brief was the only one that made a distinction.
We said the (C)(i) complies with the Second Amendment, because it is based on longstanding historical practice of disarming individuals whom a court has found to be violently dangerous to others, based on specific conduct. In contrast, (C)(ii) infringes the Second Amendment right, because it does not require any findings about anything.
This distinction became a big deal in the case. Our amicus brief was the only one the U.S. Solicitor General addressed in her reply brief. I penned an answer to the Solicitor General, and posted it on the Volokh Conspiracy website, hosted by Reason magazine. The Volokh website is read by several Supreme Court Justices, and their clerks.
During oral argument in November, the distinction between (C)(i) and (C)(ii) was raised by Justice Gorsuch, Justice Alito, and the Solicitor General. When the Court handed down its 8-1 decision in Rahimi last Friday, the Court expressly stated that it was upholding only (C)(i). The Court said that its decision did not address (C)(ii), since Rahimi had been convicted under (C)(i). The Supreme Court decision pointedly leaves open the door for lower courts to hold (C)(ii) to violate the Second Amendment.
From a Second Amendment perspective, the Court’s decision in Rahimi was the best result that was practically possible. The facts were terrible, since Rahimi’s long-standing record of violent gun crime demonstrated that he definitely should not have a gun. In the briefing, the Solicitor General attempted to convince the Court to adopt her theory that a legislature can disarm any group of people whom the legislature thinks are not “responsible.” This very broad theory was rejected by all 9 Justices. Instead, the Court strongly reaffirmed its 2022 Bruen precedent, which holds that judicial interpretation of the Second Amendment should be based on the text and original public meaning, as elucidated by history and tradition. -David Kopel, Research Director, Second Amendment Project.
I recently penned an article reporting the conclusion of a top constitutional expert that in the New York "hush money" proceeding against former President Trump, the court may well have violated Trump's constitutional right to a proper jury trial. You can read the article here.
Another article humorously "deconstructs" the lefty magazine "The Nation." The staff of the magazine claim they are courageous dissenters standing up to the establishment, but their own promotional literature shows that they are backed by some of the most powerful leftists in America---including a former President. You can find that article here.
And as of June 26th, you'll be able to read my analysis of the Supreme Court's new "bump stock" decision---a decision even more important for how it treats the "deep state" than how it protects the 2nd Amendment. You'll find the analysis here.
Did you know 46% of the voters in Colorado are unaffiliated? Have you ever wondered why? Hear from the experts at Independence Institute talk about the issues important to Colorado and how to bring some sanity to this increasingly leftist state.
Devil's Advocate with Jon Caldara is a current events show not to be missed. Each week it features lively - and sometimes heated - debates between elected officials, journalists, activists, concerned citizens, subject-matter experts, and hard-pressing host Jon Caldara, president of the Independence Institute. Jon is not afraid to express his "free-market" views, and his guests are not afraid to take on those opinions. It all makes for an informative, lively public affairs program.
This podcast includes several series of commentaries about the Constitution. Each series will cover a different aspect of the document. This series thumbnails the lives of 14 American Founders and their specific contributions to the Constitution. It covers both well-known Founders, such as James Madison, and those who are lesser known, but who exercised an out-sized influence.
PowerGab focuses on unique energy issues facing Colorado. Hosted by Amy Cook, Independence Institute's Energy and Environmental Policy Center Director, and Jake Fogleman, Director of Policy, PowerGab tackles the complexities of energy policy and solutions for a broad audience to educate and illuminate all while having a few laughs along the way.
Political commentator and KOA talk show host Ross Kaminsky thinks the Colorado GOP is not only out of touch with swing voters, but out of touch with most Republicans. This episode made quite the splash on social media.
PowerGab Hosts Jake Fogleman and Amy Cooke discuss Colorado's Clean Heat Plan, the push of swapping gas for electric, and who is going to end up paying.
Upcoming Events
NEXT CLASS
Thursday, June 27, 2024
5:00pm – 7:30pm
Koelbel Library 5955 South Holly Street Denver, CO 80121 REGISTER HERE
