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Is the Public School System Constitutional?
Wall Street Journal ^ | October 22, 2021 | Phillip Hamburger

Posted on 10/24/2021 7:33:12 AM PDT by billorites

The public school system weighs on parents. It burdens them not simply with poor teaching and discipline, but with political bias, hostility toward religion, and now even sexual and racial indoctrination. Schools often seek openly to shape the very identity of children. What can parents do?

“I don’t think parents should be telling schools what they should teach,” Terry McAuliffe, the Democratic nominee for governor of Virginia, said in a Sept. 28 debate. The National School Boards Association seems to agree: In a Sept. 29 letter to President Biden, its leaders asked for federal intervention to stop “domestic terrorism..

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There is no excuse for maintaining the nativist fiction that public schools are the glue that hold the nation together. They have become the focal point for all that is tearing the nation apart. However good some public schools may be, the system as a whole, being coercive, is a threat to our ability to find common ground. That is the opposite of a compelling government interest.

The public school system therefore is unconstitutional, at least as applied to parents who are pressured to abandon their own educational speech choices and instead adopt the government’s.

Parents should begin by asking judges to recognize—at least in declaratory judgments—that the current system is profoundly unconstitutional. Once that is clear, states will be obliged to figure out solutions. Some may choose to offer tax exemptions for dissenting parents; others may provide vouchers. Either way, states cannot deprive parents of their right to educational speech by pushing children into government schools.

Judges will be reluctant to vindicate the uncomfortable truth that education is mostly speech. Many have assimilated the nativist ideal that public education is a central and compelling government interest. As in 1925, however, the threat to parental speech has become unbearable.

(Excerpt) Read more at wsj.com ...


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1 posted on 10/24/2021 7:33:12 AM PDT by billorites
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To: billorites

I think it is really a “states rights” issue. But that went out of fashion, oh....before any of use were born.


2 posted on 10/24/2021 7:35:00 AM PDT by Honest Nigerian
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To: billorites

I believe every state constitution has a clause mandating a state supported school system so yes, public education is constitutional. Nothing in the federal Constitution prohibits it so it’s a state matter.


3 posted on 10/24/2021 7:37:05 AM PDT by DoodleDawg
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To: billorites; metmom
I'm not a lawyer, but public education is a local exercise of coercive state power. The federal government may have guidelines etc, but ultimately the laws and force are at the state or local level.

For example, in the state of NJ, you can homeschool without notifying the local school district, yet in Pennsylvania you get into a lot of trouble if you don't do so. In NJ however they'll still extract confiscatory rates of property taxes to feed the beast even if you're not sending Johnny to the penitentiary, erm, public school.

4 posted on 10/24/2021 7:42:55 AM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s^2 )
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To: billorites

Plank #10 of the Communist Manifesto: Free public education

http://www.laissez-fairerepublic.com/TenPlanks.html


5 posted on 10/24/2021 7:44:46 AM PDT by E. Pluribus Unum ("Communism is not love. Communism is a hammer which we use to crush the enemy." ― Mao Zedong)
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To: DoodleDawg

The article has too much information. Even the ‘ignorant slaves’ can understand the argument against public education. My ex supported the public schools while sending her kid to a private one. Still the public and private school employees are cut from the same cloth so what do we do? The public school performance is all we should need to enact major change. I’d tear them up completely and give the tax credits/vouchers. Soft underbelly strategies work. The rats have been using it for decades.


6 posted on 10/24/2021 7:45:07 AM PDT by DIRTYSECRET
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To: billorites

Dismantle the public school system.

If the knuckleheads want dumb and uninformed off-spring, so be it.


7 posted on 10/24/2021 7:54:45 AM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: billorites
I'm pleased to see this in a prominent media outlet like the WSJ. From my profile page:

Public schools should not exist. The notion that knowledge can ever be politicized has no place in a free nation of normal, civilized human beings.

8 posted on 10/24/2021 7:55:57 AM PDT by Alberta's Child ("All lies and jest, ‘til a man hears what he wants to hear and disregards the rest.")
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To: DIRTYSECRET; DoodleDawg
As I've written before, thr chief problem is that public schools stand in loco parentis and that basically stacks the odds in favor of the house. Parents - wittingly or not - have handed their kids over to the state during school. The state - wittingly - runs with that power.

The state goes with the flow...society was ok with corporal punishment years ago, but not now (frankly I'd have throttled anyone who touched a little DoodleBob). Society is ok with a bunch of stuff now, and that gets approved by the administrators. The teachers have to navigate through sex ed, CRT, and (to be fair) parents more interested in dual incomes vs Johnny's grasp of algebra.

The beneficiaries of this Three-card Monty are the NEA, Zen-fascist teachers, administrators, and the handful of parents and kids who thrive in this property tax-funded environment. The rest of us - including frustrated teachers - are losers.

Every day a parent fights the educational-industrial complex is a day lost on their kids. I can spend a lifetime defending the 2nd Amendment but a parent has only so many years with a child.

I've had the debate that all we need to do is reform schools, make teachers accountable, take back the PTA blah blah blah. The reality is, as long as there is demand fueled by the commanding mindset that "we gotta collectively educate the kidz or else, ya know, remember Sputnik and how other nations' kidz are better at geography," the taxes will stay and we are stuck. Finally, as long as people are cool with the state standing in loco parentis then the fight is a suicide mission.

The parent's best option is to simply abandon ship, and homeschool. Your child is too important to make them a pawn in this rigged game. And, the reality is, homeschooling doesn't need to make up 90% of the nation...at some point the HSing percentage becomes a minority that punches above its weight. Even pro-public school parents who see class sizes shrink while budgets increase will begin to push back on tax increases. That, in turn, could result in a thinning of the beast, but it'll never die.

9 posted on 10/24/2021 8:01:44 AM PDT by DoodleBob (Gravity's waiting period is about 9.8 m/s^2 )
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To: billorites

If you have Soviet Style funding you are going to get Soviet Style education. I’m suprised it took as long as it did to go full commie. Seperation of School and State is an idea whose time has come.


10 posted on 10/24/2021 8:05:50 AM PDT by Nateman (If the Left is not screaming , you are doing it wrong.)
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To: billorites

Nope.


11 posted on 10/24/2021 8:09:04 AM PDT by Howie66 (TRUMP WON!)
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To: DoodleDawg

While individual state constitutions mandate public school education nothing in the U.S. constitution gives the federal government any authority in regard to education.


12 posted on 10/24/2021 8:15:14 AM PDT by lakecumberlandvet (Appeasement never works.)
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To: ptsal

The first steps in that process would be to dissolve the Federal Department of Health, Education and Welfare.

At the same time, dissolve and ban ALL Teacher’s Unions at every level.

As icing on the cake, make all Public Employees subject to the terms of the UCMJ. No exceptions.


13 posted on 10/24/2021 8:16:12 AM PDT by Howie66 (TRUMP WON!)
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To: billorites
Some may choose to offer tax exemptions for dissenting parents.

What about the rest of us who no longer have kids in school and yet are forced to pay for schools with property taxes?

Talk about taxation without representation!

The writer missed the elephant completely even when he held its trunk.

14 posted on 10/24/2021 8:19:29 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: philman_36
"What about the rest of us who no longer have kids in school and yet are forced to pay for schools with property taxes?"

If you can't afford to pay for your own children's education you shouldn't be having children.

Expecting someone else to pay is selfish.

15 posted on 10/24/2021 8:23:12 AM PDT by billorites (freepo ergo sum)
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To: billorites

Are public schools part of the enumerated federal powers in the constitution ? No? Well then they are not constitutional and never have been.


16 posted on 10/24/2021 8:28:31 AM PDT by Nuc 1.1 (Liberals aren't Patriots. Remember 1789!)
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To: billorites
If you can't afford to pay for your own children's education you shouldn't be having children.

I'm not paying for my children's education NOW, I'm paying for
the education of the children of other people through property taxes.

Reading comprehension PLEASE!

...the rest of us who no longer have kids in school...

I paid for my children's public education through either rent (the house owner paid the property taxes through my rent payments) or property taxes on my house/property.

One of my kids now even teaches in public school despite my objections of her personal decision.

My kids are adults now and yet every year the property taxes are due with a large chunk going to the school system.

Get it?

17 posted on 10/24/2021 8:35:25 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: Nuc 1.1

The “general welfare” clause is the Founders biggest mistake as it is used to enable federal control of everything.


18 posted on 10/24/2021 8:36:38 AM PDT by hoosierham (Freedom isnt free)
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To: hoosierham
The “general welfare” clause is the Founders biggest mistake as it is used to enable federal control of everything.

The pretzel twisting of the “general welfare” clause is the biggest mistake and that wasn't done by the Founders.

19 posted on 10/24/2021 8:40:41 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: Nuc 1.1

It’s in there. It’s right next to that clause mandating abortions to minors and the right for homo men to stick their thingy up another man’s butthole. < /S >


20 posted on 10/24/2021 8:42:44 AM PDT by Extremely Extreme Extremist
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