The Sixth Amendment requires, among other things, that the jury venire from
which the petit jury is selected represents a fair cross-section of the community.
Taylor v. Louisiana, 419 U.S. 522, 528-29 (1975).
The Defendant cannot obtain a fair cross-section of the
community, because today’s venire is polluted by the government in ways that
did not occur when the Sixth Amendment was written. When the U.S. Constitution
was written, most jurors received private educations, and government schools,
if they existed at all, were rare and did not predominate as they do today.
And thus the defendant would have received an impartial jury (a jury not
“educated” by the opposing side in this case -the government).
Further, government schools create juries that discriminate against
and exclude distinctive groups, and the argument herein will highlight blacks
(and more specifically, educated blacks) and Catholics, and people who generally
"By 1940 the literacy figure for all states stood at 96
percent for whites. 80 percent for blacks. Notice for all the disadvantages
blacks labored under, four of five were still literate. Six decades later,
at the end of the 20th century, the National Adult Literacy Survey and the
National Assessment of Educational Progress say 40 percent of blacks and
17 percent of whites can't read at all. Put another way, black illiteracy
doubled, white illiteracy quadrupled," despite the fact that "we spend three
or four times as much real money on schooling as we did 60 years ago."
That is according to John Taylor Gatto, a former New York state (public)
Teacher of the Year, who started to develop this thesis in his slim but estimable
1992 volume "Dumbing Us Down: The Hidden Curriculum of Compulsory Schooling."
Now he's returned with a massive and far better-developed follow-up, the
400-page "Underground History of American Education," subtitled "A Schoolteacher's
Intimate Investigation Into the Problem of Modern Schooling" ($34 postpaid,
Oxford Village Press, 725 McDonough Road, Oxford, N.Y. 13830.)
Government schools create juries that discriminate against
and exclude distinctive groups, such as Catholics due to what is known as
the “Blaine Amendment.” The Blaine Amendment was named for Congressman
James G. Blaine, a notorious anti-Catholic bigot who, in 1875 sponsored a
proposed amendment to the U.S. Constitution that would have imposed a federal
ban on aid to "sectarian" schools. The amendment was narrowly defeated in
the U.S. Senate, but Blaine and other nativists later succeeded in getting
Congress to impose such language in the constitutions of states admitted
to the union in the decades following. Florida has such an amendment.
In last year's U.S. Supreme Court decision in Mitchell
v. Helms, 120 S. Ct. 2530 (2000), a Court plurality opinion noted that at
that time, “it was an open secret that ‘sectarian’ was code for ‘Catholic.’”
It concluded, "hostility to aid to pervasively sectarian schools has a shameful
pedigree that we do not hesitate to disavow. . . This doctrine, born of bigotry,
should be buried now."
Government schools were operated to prevent blacks and
Catholics from educating their own children and to coerce them into sending
their children to government schools. Even so, many Catholics stayed
out of government schools, and maintained their own non-government schools,
even though denied any of the taxes they were forced to pay to for government
schools that they did not use. Many blacks went into government schools,
never participated to a large degree in forming their own non-government
schools, and even submitted to forced busing.