Education: March 2008 Archives

Conservative leader and former Speaker of the U.S. House of Representatives Newt Gingrich writes about the California court ruling that children - even home-schooled children - must be educated by credentialed teachers, saying it is an example of "Judicial Supremacy." In his article he quotes a Wall Street Journal editorial calling the ruling a "strange new chapter" in the "annals of judicial imperialism." Later in the piece he writes,

The decision represents yet another case of a special interest -- in this case, the education unions and bureaucracy -- using the courts to get what they can't get through the popular vote.

This is yet another example of judicial supremacy: Rule by an out-of-control judiciary rather than the will of the people. It joins court rulings such as the removal of "under God" from the Pledge of Allegiance on a long list of usurpations of the freedom and self-determination of the American people.

Lets take a moment to examine what Gingrich is really complaining about here.

Here's how the American system of law and justice is supposed to work: We have a Constitution and we have laws that we are all supposed to follow by mutual agreement. And we have in place a judicial system for interpreting our Constitution and laws, again by mutual agreement. So when there is a dispute we take that dispute to the courts, and the judges rule according to the Constitution and laws. And then we agree to follow their rulings.

Newt Gingrich and the conservatives complain that this is "Judicial Supremacy" and "judicial imperialism." Wow, this sounds pretty bad! But look at the meaning of these negative-sounding words. Isn't "Judicial Supremacy" really just another way of saying that we agree to follow "rule of law?" When Gingrich uses language that casts a negative frame on the concept, isn't he undermining public respect for the rule of law? Gingrich and other conservatives are happy enough with our American system when it works in their favor but when it rules against their agenda they launch another anti-government screed.

This post is not written in opposition to home or private schooling, but to point out the importance to all of us that we all operate under the same set of agreed-upon rules. At least in California, another agreed-upon rule is that our children should receive the best possible education. Article 9 of our California Constitution states that a good education is "essential to the preservation of the rights and liberties of the people." The wording at the beginning of Article 9 is as follows:

A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

To this end Article 9 describes how California will manage a system of free, public schools. And Article 9 makes it clear that to this end our children deserve qualified, "credentialed" teachers.

Once again, We, the People of California have decided that a good education is "essential to the preservation of the rights and liberties of the people." This is what we want. Just what is it that Gingrich and other conservatives want instead if it doesn't involve qualified teachers providing education to our state's children?

Note - Gingrich also criticized court rulings mandating the "removal" of the phrase "Under God" from the Pledge of Allegiance. But this misrepresents what the courts ruled. The courts ruled that public schools cannot force children to recite this pledge. It violates our Constitution's clause against our having a government mandated religion to make children repeat that this is a nation "under God." It also raises a question of just what he does want our Constitution to say. Does he want the government to mandate that we follow a particular religion? His writings suggest this to be the case.

Governor Schwarzenegger has declared a "fiscal emergency" and is asking the legislature to solve the problem entirely with budget cuts. He has asked for 10% "across-the-board" cuts which at first glance seems to sound fair, but really means avoiding decisions about what budget items are the most important. It means cutting schools 10%. And law enforcement. And medical care. (Of course, they can't cut the interest owed on Governor Schwarzenegger's past borrowing.)

And more than that -- much, much more than that -- it is a trick that leaves out the fact that the state is not collecting needed tax revenue because of loopholes that let big corporations and the wealthy off the hook while the rest of us make up the difference.

It's time to draw a line in the sand and demand that our state government not cut the budget for our children's education any more.

Isn't there a lot of "fat" in the budget, just waiting to be cut? Most people think so. But think about this -- every time the state has a shortfall they cut spending, saying they are cutting out the "fat." As a result, in the decades since Proposition 13 passed they have trimmed and trimmed and trimmed, and we now are long past the point where there is anything left to cut. In fact, today California schools have the lowest number of administrators per student of any state. Our schools have squeezed and squeezed and dropped programs and forgone pay raises and they can't operate any more efficiently.

I was listening to a radio show the other night, someone from the San Francisco schools said this budget cut could mean they have to have 61 students per classroom.

But the Republicans in the legislature won't let us talk about taxes -- not even the yacht tax loophole. You and I have to pay sales taxes but people who buy yachts and private jets do not. They keep California as the only state that won't tax the oil companies for the oil they pump out from our state. They won't find a way to make commercial property owners pay market-rate property taxes.

The Governor and a Republican minority in the Assembly and Senate are still willing to block all alternatives to cutting teachers and health care and roads and parks and those things that We, the People call our government.

So it is time to draw a line in the sand. No more cuts. It is time to ask the corporations and wealthy to start giving back some of the incredible wealth they have made off of the physical, legal and financial infrastructure that We, the People of California put in place that enabled their gains in the first place.

Here are steps you can take to help fight back:

First, join us. Click this link and join Speak Out California. This way we can keep you up to date on our activities, including our activities to help keep our schools funded.

Next, start Speaking Out yourself, writing letters to the editor and contacting your legislators, demanding that the state enact alternatives to budget cuts, like closing tax loopholes and making wealthy people pay the same sales taxes that the rest of us pay.

The California Teachers Association provides a web page that helps you find the correct contact information for your state legislators. Please write to your legislators.

The Education Coalition has a website with facts to help you make your points. Give them a visit, too.

And finally, this is Speak Out California's fundraising month. Help us out so we can continue the work we are doing. Help us keep the progressive voice alive.