Acton Institute Powerblog

Educational Freedom Under Attack

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As many PowerBlog readers will be aware, homeschooling is an educational choice that increasing numbers of parents are making. Once a fringe activity operating under the radar of the law, over the course of the last thirty years it has practically gone mainstream, being legalized de jure in most states and de facto in the others. No one has precise numbers (the government can’t track them!), but everyone agrees that the number of homeschooled children in the US has long passed the one million mark.

The practice has confronted severe legal challenges internationally—most notably in Germany—but the legal climate in the US seemed calm. Until now. Proof that liberty requires constant vigilance, this particular form of educational choice is under assault in California, where a judge has ruled that all teachers, including parents, must be “credentialed.”

Granted that the legal status of homeschooling in California was especially vulnerable to such an attack, this move adds fuel to a campaign by the main homeschooling legal action organization, HSLDA, to enact a federal constitutional amendment in defense of home education. I’m ambivalent. Leaving aside the question of tactics and political viability, I tend to oppose such campaigns on the belief that defenders of freedom concede important ground by rushing to alter the Constitution every time a threat is perceived. The right of parents to educate their children as they see fit (within certain limits, of course) exists and should be recognized. But that doesn’t mean it must be spelled out in the Constitution. We need to abandon the concept that every right must be explicitly enumerated constitutionally. Instead, we need to shift the burden of proof back to the government expansionists: If the Constitution doesn’t say that the state has the power to do it, then what’s your justification?

But as I say, the California ruling stokes the fires of those who think we do need such freedoms made explicit.

Kevin Schmiesing Kevin Schmiesing, Ph.D., is a research fellow for the research department at the Acton Institute. He is a frequent writer on Catholic social thought and economics, is the author of American Catholic Intellectuals, 1895-1955 (Edwin Mellen Press, 2002) and is most recently the author of Within the Market Strife: American Catholic Economic Thought from Rerum Novarum to Vatican II (Lexington Books, 2004). Dr. Schmiesing holds a Ph.D. in American history from the University of Pennsylvania, and a B.A. in history from Franciscan University ofSteubenville. Author of Within the Market Strife and American Catholic Intellectuals, 1895—1955 (2002), he serves as Book Review Editor for the Journal of Markets & Morality. He is also executive director of