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Columbia Law Professor Explains Why Public Schools Are Tearing America Apart
The Federalist ^ | 10-25-21 | Joy Pullman

Posted on 10/26/2021 12:05:03 PM PDT by DeweyCA

Smearing parents fed up with their kids’ schools as “domestic terrorists” seems to be a wild, incendiary charge with little basis in reality. Yet it’s the basis on which the U.S. attorney general has convened an FBI task force to surveil and intimidate parents who object to what their children are being taught, and how they are being treated, with public tax dollars. The organization that colluded with the Justice Department to create the pretext for chilling voters’ speech has backed down, but the FBI threat remains.

School lockdowns have clarified and accelerated the deep, irreconcilable differences among American parents and citizens about how to educate children. Americans want completely different things from their kids’ schools, often opposite things. It’s simply impossible to teach both that there’s a hierarchy of races and that all humans are created equal, let alone to teach “both sides” of other education flashpoints, such as whether to teach social justice or actual math in math class. Schools have to choose.

K-12 schools are largely choosing the political establishment over the wishes of the people who elect them and provide their children as the pretext for schools’ public funding. The political establishment that benefits from public schools’ monopoly on teaching future voters what to think is being increasingly direct about this arrangement.

In 1996, Hillary Clinton told Americans “it takes a village” to raise a child. That was the soft sell. Today, we’re getting the hard sell: “I don’t think parents should be telling schools what they should teach,” said Virginia gubernatorial candidate Terry McAuliffe in a September debate.

As Democrats were forcing millions of American children to stay home for yet another school year while their international peers were safely learning in person, a Harvard University conference suggested banning at-home education. One of its organizers, a Harvard Law professor complained that homeschooling is “a realm of near-absolute parental power. . . . inconsistent with a proper understanding of the human rights of children.”

California’s governor, and forthcoming federal coercion, also communicate contempt for parents’ authority by substituting their own in mandating COVID vaccines even though Centers for Disease Control data show these injections pose greater health risks to children than COVID does. Demands for substituting nonparental authority in the place of parents cause even weirder manifestations, such as from this teacher on TikTok.

Contempt for the kind of self-government that starts with families also comes out in the thousands of teachers openly defying — with legal backing from top Democrat Party donors — laws enacted at parents’ behest that seek to ban the teaching of things like critical race theory.

Regardless of how it comes out, all these incidents point to what’s at the real center of today’s virulent debate about public schools: Whether parents or bureaucrats should control what kids learn. This has been at the crux of all the debates about public education going back to when Progressive Era do-gooders started American schools’ path towards nationalization.

Using Schools to Co-Opt Other People’s Kids

Columbia Law professor Philip Hamburger goes back to this history in a Friday Wall Street Journal essay explaining why public schools will remain a fierce culture war battleground until lawmakers make them release their grip on America’s kids. “[T]he schools remain a means by which some Americans force their beliefs on others,” Hamburger writes. “That’s why they are still a source of discord.”

He notes that the steady transference of American K-12 education from private, mostly church-run schools to government agencies was planned to control what the next generation of voters believed. In the late 1800s and early 1900s, this manifested through the effort by the white, Anglo-Saxon Protestant establishment to convert Catholics by putting their kids in Protestant-ish public schools. That eventually turned into an effort by secularists to convert Christians of all kinds by banning Christianity from public schools. Both succeeded.

“[T]he idea that public education is a central government interest was popularized by anti-Catholic nativists. Beginning in the mid-19th century, they elevated the public school as a key American institution in their campaign against Catholicism,” Hamburger notes.

As today, the hope was to liberate children from their parents’ supposedly benighted views and thereby create a different sort of polity. Now as then, this sort of project reeks of prejudice and indoctrination. There is no lawful government interest in displacing the educational speech of parents who don’t hold government-approved views, let alone in altering their children’s identity or creating a government-approved electorate.

Indoctrination Is Unconstitutional, In Two Ways

Today, public schools don’t merely shift children from one denomination to another but outright replace Christianity with the secular religion most visible as identity politics, as former U.S. Attorney General Bill Barr detailed in June. That’s why Barr warned Americans that public schools are “the greatest threat to religious liberty in America today.”

This is backed up by numerous studies. A 2020 scholarly review of research on this topic concludes that “especially increasingly secularized government control of education… can account for virtually the entire increase in secularization around the developed world.”

“The heavy-handed enforcement of secular-progressive orthodoxy through government-run schools is totally incompatible with traditional Christianity and other major religious traditions in our country. In light of this development, we must confront the reality that it may no longer be fair, practical, or even constitutional to provide publicly-funded education solely through the vehicle of state-operated schools,” Barr said.

Hamburger complements and extends Barr’s argument that

“The public school system, by design, pressures parents to substitute government educational speech for their own,” Hamburger writes. “Public education is a benefit tied to an unconstitutional condition. Parents get subsidized education on the condition that they accept government educational speech in lieu of home or private schooling.”

He notes that this especially disadvantages poorer parents, but it affects everyone by allowing government to decide what future voters believe about its limits and powers. Using public resources to convert children to government-preferred political and religious ideologies is not only unconstitutional, Hamburger observes, but it also inflames social division.

The temptation to indoctrinate the children of others—to impose a common culture by coercion—is an obstacle to working out a genuine common culture. 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.

What Parents Need Is Direct Control of School Dollars

Real political power is measured, not in viral videos on social media, but in winning elections and subsequently making real changes to institutions and the flow of money. What really would put pressure on schools is defunding them and replacing their leaders, either through voting in better leaders or moving kids to a better school.

Voting in better leaders is risky, takes a lot of time, and is subject to reversal in the next election cycle. Our children’s upbringing shouldn’t be so precarious. Instead, legislatures should give parents a way out of spending their children’s entire school careers on battles to the death (or next election) over, to cite just one example, whether to mask and quarantine all the kids.

It’s ultimately not about the masks, or the critical race theory, or letting boys into girls’ bathrooms: it’s that our education system forces people to fight over which faction gets to control people who hate what they believe. That dynamic makes these fights bitter and existential. They don’t have to be.

If schools won’t relinquish their power, they should be made to. It’s not fair for schools to hold children hostage. Parents shouldn’t have to force everyone else aboard to get what they want.

Hamburger offers a fresh avenue to truly ending these zero-sum culture war battles: “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.”

Joy Pullmann is executive editor of The Federalist, a happy wife, and the mother of six children. Check out her recommended classic Christmas picture books, "The Read-Aloud Advent Calendar," and her bestselling ebook, "Classic Books for Young Children." Sign up here to get early access to her next full-length book, "How To Control The Internet So It Doesn’t Control You." A Hillsdale College honors graduate, @JoyPullmann is also the author of "The Education Invasion: How Common Core Figh


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The author says that judges must declare that public schooling has now become unconstitutional. That should then lead to state-mandated (starting especially in red states) parental school tax exemptions or school vouchers. These are the only way to make the public school system responsive to the desires of non-progressive parents. The leftist school dictators must have their monopoly power taken from them. Make them compete for students.

The original Federalist article has URLs to the sources of their several good quotes.

1 posted on 10/26/2021 12:05:03 PM PDT by DeweyCA
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To: DeweyCA

Imagine an America where there is school choice and there is no taxpayer supported tenure for any teacher at any level.


2 posted on 10/26/2021 12:14:33 PM PDT by allendale
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To: DeweyCA

School vouchers has been and remains the best solution.

It gives parents / the customer the power.

No one gives a shit unless you hold the power of the purse! Want to see that in action, go to your local USPS office or a VA hospital.

Vouchers scare the public schools and the teachers union.

Imagine that, you need to compete in a market place. That sounds almost unAmerican today.

Today we have government that instead of applying the Sherman Act is working on behalf of big tech, pharma, public schools (de facto monopoly) etc.

Where is the US government regards Google (92.47% of the global market share)? Where was the US government with Microsoft years ago?... Crickets. Today, the US government is in bed with them, having liason officers, providing a little help early on as with Google because they see it as a huge intel opportunity... So government is NOT going to fix this because they benefit from the staus quo, and that is also true with public schools and the massive amount of money that comes in from taxes which they get to manage!

Ironically, it’s not the rich that are imapcted much by paying for a private education, but the middle and lower economic classes for whom $12,000 a year for a private school per kid is a lot.

The school voucher should be for all - fair (no means testing). It promotes competition (quality and efficiency) and caters to the customer (market demands). Unlike the schools today that are basically managed centralized between the federal and state government and really do not offer much in terms of catering to their customers, the voucher would create a more decentralized approach, more diversity (liberals should love that!). It’s actually a simplification of the system.


3 posted on 10/26/2021 12:36:37 PM PDT by Red6
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To: Red6
School vouchers has been and remains the best solution.

Agree.

4 posted on 10/26/2021 12:37:47 PM PDT by 1Old Pro (Let's make crime illegal again!)
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To: AdmSmith; AnonymousConservative; Arthur Wildfire! March; Berosus; Bockscar; cardinal4; ColdOne; ...
It's good to take the intellectual high ground, but it's also important to keep your ammo dry and your bayonets fixed.

5 posted on 10/26/2021 1:06:34 PM PDT by SunkenCiv (Imagine an imaginary menagerie manager imagining managing an imaginary menagerie.)
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To: 1Old Pro

People shouldn’t have to pay school taxes if they don’t have kids in those schools.


6 posted on 10/26/2021 1:07:18 PM PDT by Dalberg-Acton
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To: Dalberg-Acton
People shouldn’t have to pay school taxes if they don’t have kids in those schools.

People would pay HALF what they pay if there was competition.

7 posted on 10/26/2021 1:08:55 PM PDT by 1Old Pro (Let's make crime illegal again!)
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To: DeweyCA
What Parents Need Is Direct Control of School Dollars Real political power is measured, not in viral videos on social media, but in winning elections and subsequently making real changes to institutions and the flow of money. What really would put pressure on schools is defunding them and replacing their leaders, either through voting in better leaders or moving kids to a better school.

Vouchers and Charter Schools are a good start...

8 posted on 10/26/2021 1:21:30 PM PDT by GOPJ (Military suicide deaths last year: 580 - by COVID:56 https://www.youtube.com/watch?v=wOC_dcuJO48)
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To: DeweyCA

Government schools violate:

Free Speech
Free Press
Establishment of Religion
Free Exercise of Religion
Free Assembly

They are a First Amendment and Human Rights **abomination**!!!!!


9 posted on 10/26/2021 1:34:49 PM PDT by wintertime ( Behind every government school teacher stand armed police.( Real bullets in those guns on the hip!))
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To: DeweyCA
When I was a lad in Guantanamo Bay, Cuba, the Cubans told us that in school the children were instructed to lay their heads down on the desks and ask Jesus for some candy.

After a while, they were told to lift their heads and see the candy. There wasn't any.

Then they were told to lay their heads down again, and this time ask Fidel for some candy.

Lo and behold, when they lifted their heads, Fidel had granted their prayers to him.

In 1996, Hillary Clinton told Americans “it takes a village” to raise a child. That was the soft sell. Today, we’re getting the hard sell: “I don’t think parents should be telling schools what they should teach,” said Virginia gubernatorial candidate Terry McAuliffe in a September debate.

It takes an authoritarian regime to raise a child the way they want.

10 posted on 10/26/2021 1:46:34 PM PDT by gitmo (If your theology doesn't become your biography, what good is it?)
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To: DeweyCA
As a school teacher, this article is the absolute truth. Only public hangings of the school & government officials who are responsible for this will reverse the process.
11 posted on 10/26/2021 1:47:05 PM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: Dalberg-Acton
People shouldn't support the military in taxes if there are no wars going on or if they don't have a child in the military. Same logic.

In order for democracy to work, the voters must be educated to point where they can make sound voting decisions. The Founders all state that in various ways. A basic education SHOULD also keep people off the welfare roles. So, to ensure that our society can function, it is necessary to ensure The People have a basic education.

You'd be well advised to turn your argument from not participating toward getting your money's worth.

12 posted on 10/26/2021 3:51:10 PM PDT by GingisK
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To: wintertime

Not by design. That occurs because those who teach or administer in schools are not true to its purpose or intent. It was perverted.


13 posted on 10/26/2021 3:52:39 PM PDT by GingisK
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To: GingisK

The Constitution authorizes taxes for the common defence, but not for education.


14 posted on 10/26/2021 3:56:56 PM PDT by Dalberg-Acton
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To: Dalberg-Acton
The Constitution states that the government "Shall promote the General Welfare".

It authorized Congress: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

It empowered Congress: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Following that is a list of powers denied to Congress. Establishing schools or support for schools is not listed.

Thomas Jefferson was a very strong advocate of making sure that all people, regardless of race, color, creed, or financial standing would be able to get an education. The reasons I cited in my previous posts come directly from Thomas Jefferson's writings.

Perhaps you think you are a better statesman or societal thinker than he.

15 posted on 10/26/2021 4:09:09 PM PDT by GingisK
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To: GingisK

Are you arguing for unlimited government?


16 posted on 10/26/2021 4:13:03 PM PDT by Dalberg-Acton
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To: DeweyCA; 6amgelsmama; 100American; AAABEST; aberaussie; AccountantMom; Aggie Mama; agrace; ...

ANOTHER REASON TO HOMESCHOOL

This ping list is for the other articles of interest to homeschoolers about education and public school. This can occasionally be a fairly high volume list. Articles pinged to the Another Reason to Homeschool List will be given the keyword of ARTH. (If I remember. If I forget, please feel free to add it yourself)

The main Homeschool Ping List handles the homeschool-specific articles. I hold both the Homeschool Ping List and the Another Reason to Homeschool Ping list. Please freepmail me to let me know if you would like to be added to or removed from either list, or both.

17 posted on 10/26/2021 4:15:49 PM PDT by metmom (...fixing our eyes on Jesus, the Author and Perfecter of our faith…)
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To: SunkenCiv

“It’s good to take the intellectual high ground, but it’s also important to keep your ammo dry and your bayonets fixed.”

Wise words.

L


18 posted on 10/26/2021 4:19:59 PM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: allendale

Imagine an America with no public schools.

It would be a much wealthier and amazing place.


19 posted on 10/26/2021 4:24:11 PM PDT by cgbg (A kleptocracy--if they can keep it. Think of it as the Cantillon Effect in action.)
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To: GingisK

Axiom:
All schools must restrict free speech, press, assembly, and establishment and expression of religion. If they didn’t chaos would run wild.

Axiom:
It is impossible for any school to be religiously, culturally, and politically neutral. Such a philosophic state of neutrality is impossible in the mind of any sentient human.

It is for this reason government schooling is unconstitutional.


20 posted on 10/26/2021 4:27:46 PM PDT by wintertime ( Behind every government school teacher stand armed police.( Real bullets in those guns on the hip!))
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