Returning Power to States and School Boards

[Machiavelli]

The Editors
National Review
February 23, 2017

Yesterday the Trump administration preserved federalism, respected the principle of local control over local schools, and corrected one of the Obama administration’s many lawless and radical executive actions. With a simple, two-page letter, the Departments of Education and Justice withdrew and rescinded two Obama-administration letters that purported to unilaterally redefine Title IX of the Education Amendments of 1972. The Obama administration had expanded Title IX’s explicit ban on sex discrimination in federally funded educational institutions to encompass “gender identity” discrimination and then imposed intrusive “guidance” on every federally funded school in the nation, on matters ranging from pronoun usage to eligibility for sports teams and access to showers, bathrooms, and sleeping quarters on overnight trips.

More: http://www.nationalreview.com/article/445181/trump-administration-transgender-guidelines-title-ix-rescinds-obama-letter-federalism

[r9etb]

Yesterday the Trump administration preserved federalism, respected the principle of local control over local schools, and corrected one of the Obama administration’s many lawless and radical executive actions.

And, to be cynical but practical about it, they also probably guaranteed that the issue will sooner or later turn up in the Supreme Court....

[Doug Loss]

And, to be cynical but practical about it, they also probably guaranteed that the issue will sooner or later turn up in the Supreme Court....

And if the court refrains from judicial activism, it will say that the law as written does not apply to the (politically  motivated) concept of "gender identity," and if the complainants want a law to apply to that they will need to convince Congress to pass one.

[r9etb]

And if the court refrains from judicial activism, it will say that the law as written does not apply to the (politically  motivated) concept of "gender identity," and if the complainants want a law to apply to that they will need to convince Congress to pass one.

Recent history does not support such a rosy outlook.

[Doug Loss]

Recent history does not support such a rosy outlook.

It will depend on how long it takes to get to the USSC, and which justices are there at that time.  The real question isn't about "gender identity" discrimination, it's about executive authority to extend the scope of a law into areas that were neither written into the law nor were even considered at the time of its drafting.

[r9etb]

It will depend on how long it takes to get to the USSC, and which justices are there at that time. 

Perhaps.  It's the sort of case that gets there sooner rather than later, because the different Circuits will rule on various lawsuits, and they will have different, conflicting rulings.

The real question isn't about "gender identity" discrimination, it's about executive authority to extend the scope of a law into areas that were neither written into the law nor were even considered at the time of its drafting.

We agree on this.  An optimal USSC ruling would limit the scope of Executive Orders to remain within the reasonable confines of the applicable legislation.  Moreover, one would hope that such a ruling would also limit the scope of the legislation itself to within reasonable 10th Amendment limits.

But as I implied before -- I'm not optimistic.

[Taxcontrol]

I am of the opinion that at the federal level, there are only two constitutional education "authorities" for the government.

1) FOR THE PURPOSE OF HIRING GOVERNMENT EMPLOYEES, determine that constitutes an approved GED, HS diploma, Associates, Bachelors, Masters, Doctors or equivalent.  This could be handled by a small office out of the OPM

2) FOR THE PURPOSE OF TRANSFERRING AN EDUCATION LEVEL BETWEEN STATES, determine what constitutes grade equivalence.  I.e. Fifth grade math means ...., Seventh grade science means ....  HS diploma means ....  Again, this could be done by a small office.  Under this authority, the federal government could publish a grade specific, freely available via the Internet, course curriculum for each grade.  Schools, both public and private as well as home schoolers, could then down load the curriculum and use IF THEY CHOOSE.  All would still be free to use whatever curriculum they chose.

No federal student loans or grants
No federal regulations regarding sports
No other federal authority

And most certainly, no need for a cabinet level position.

[Hondo69]

Gosh, Federalism.

It's been so long since I heard that word I almost had to look it up.