[Dogrobber]

When the Constitution was written there were few, if any, public schools. Public schools first developed as cooperative endeavors run by church and civic organzations and then were undertaken by local governments. The legal concept that school action and governmental action were the same was developed during the last 70 years, a period of legal activism.

Activist lawyers, those being people who could not get their views of public policy enacted through the legislatures or via the executive branch, turned to the Courts. Since Judges, all of them being lawyers, have the same type of education as the lawyers (legal), they think alike and believe that a whole raft of issues which should be legislative are instead of Constituional moment.

The end result of this is that the Supreme Court now rules this country in major sections of what was previously public policy for the people to set through their elected representatives. Abortion, school prayer, prison conditions, death penalty, homosexual rights, etc., are all now outside public control and are in the hands of 9 unelected men and woman who are not interested in public opinion or desire. These men and women have been educated at law schools that teach a frame of mind (the legal outlook) which is decidedly not shared with the rest of the nation.

As for changing it? There is slim or no chance that the Supreme Court will retract its view that school action is public action. Branches of government do not willingly give up power. What is required is either a Constutitional convention or the privitization of public schools. I fear the first and support the second. A Constitutional convention now would most likely result in the Liberals ramming through all of their pet "rights" and the removal of the 2nd Amendment.

The Supreme Court Game is rigged and Conservatives don't control the rules.

[The Raven]

>>The legal concept that school action and governmental action were the same was developed during the last 70 years, a period of legal activism.

That's where I was headed....Bring suit against the Church/state decision and knock over the first domino so to speak.

[First_Salute]

Bump.

[rwfromkansas]

bump....I especially am interested in the idea on here of trying to work through a business school relationship to make up for the govt. money. There really would be no way of attacking the decision of a public school to turn private then.

Is there any info online about schools that turned private (if there are any), and how they did it?

[Timesink]

A Constitutional convention now would most likely result in the Liberals ramming through all of their pet "rights" and the removal of the 2nd Amendment.

That would start a civil war, without a doubt.

[FreeTally]

Very good post. You summed it up quite nicely.