COMMON CORE, THE UNCONSTITUTIONAL
FEDERAL GAMBIT
There can be no clearer sign that it is time to kick the
federal government back inside the confines of its authority specified in the
Constitution than the monstrosity called Common Core. The federal government
colluded with the National Governors Association, the Council of Chief State
School Officers and the NEA union to adopt the Common Core standards and
curriculum while excluding parents from their meetings. Americans are demanding
and getting local control of their schools back as legislators bow to voters
furious about the liberal indoctrination of students and lower standards. Nine
states have already dropped the Common Core program due to voter pushback with
another eight leaning toward the same choice. The federal government claims
that it is not requiring adoption of the standards while at the same time using
it in part to determine the qualification of districts for federal education
grants. There is a legal argument against the Common Core program however most
of the pushback centers around parents taking issue with the curriculum and the
standards that they feel are lower than current expectations. First we will
consider the legal implications.
The enumerated powers of Congress found in Article 1,
Section 8 of the Constitution do not include education as one of the powers
given to the federal government. The 10th amendment then clearly
states that, “the powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people. The Department of Education itself is an
unconstitutional construct of the federal government!
The Congress passed the General Education Provisions Act in
1994, (public law 103-382) which states: No provision of any applicable program
shall be construed to authorize any department, agency, officer, or employee of
the United States to exercise any direction, supervision, or control over
curriculum, program of instruction, administration, or personnel of any
education institution, school or school system, or over the selection of
library resources, textbooks, or other printed instructional materials by any
educational institution or school system or to require the assignment or
transportation of students or teachers in order to overcome racial imbalance.
Common Core is a thinly veiled attempt to assert federal control over local
education and hinder the growth of private schools, charter schools and home
schooling.
One commonly heard myth about school vouchers is that it
will hurt public schools by taking away the best students. Studies in the
States of Florida, Ohio, Texas, Maine, Vermont and the District of Columbia
have shown conclusively that competition from private and charter schools has
forced public schools to elevate the performance of their programs. The
Friedman Foundation for Educational Choice has a report online, at edchoice.org,
I recommend.
Paul Reville, who is a proponent of Common Core, spoke
during a conference at the liberal think tank “Center for American Progress”
stating that Common Core critics are a “tiny minority” and that “the children
belong to all of us”. He went on to say: “again, the argument about where it
(common core) came from privileges certain sort of fringe voices about
federalism, and States rights, and things of that nature.” He told this to CNS
News.
It has proven easier to dismiss the Constitutional
limitations and the voters as a tiny minority of fringe voices in front of liberal
audiences, than it has out in public once the details of the program got out. Common
Core learning materials are supplied by only two companies. There is no
opportunity for local input or control over these materials and the standards
are an effort by the same teachers and school administrations that are failing
our students today to control alternative educational institutions from raising
the bar.
Why would we expect the Union NEA members, who resist any
and all attempts to institute merit pay for teachers and use lawsuits to
prevent dismissal of poor teachers, to accept charter schools and higher
standards without a fight.
I just read a blog post at http://whatiscommoncore.wordpress.com/2013/09/07/top-ten-professors-calling-out-common-cores-so-called-college-readiness/
where ten top college educators question the standards of Common Core in
Literature and Mathematics. Two in particular caught my eye.
Dr Christopher Tienken of Seaton Hall University wrote:
“Education reform in the United States is being driven largely by ideology,
rhetoric, and dogma instead of evidence… Where is the evidence of the efficacy
of the standards? ... Let us be very frank: The CCSS are no improvement over
the current set of state standards. The CCSS are simply another set of lists of
performance objectives.” The CCSS stands for Common Core state standards.
Dr. Bill Evers of the Hoover Institute at Stanford
University said among other things: “But states weren’t leaping because they
couldn’t resist the Core’s academic magnetism. They were leaping because it was
the great recession-and the Obama administration was dangling a $4.35 billion
Race to the Top carrot in front of them. Big points in that federal program
were awarded for adopting the Core, so, with little debate, most did.”
Common Core is not a set of higher academic standards as it
was sold to us as being. Common Core is being spread through America’s
education system by proponents of centralized government using coercion and
lies.
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