Controlling the Children

Wednesday, April 9, 2008
A few weeks ago I blogged about the California homeschooling ruling. (And Chris Banescu wrote about it in an Acton Commentary.) As you may have heard, the ruling was vacated so the threat has gone away, for now.

But in the meantime, Acton senior fellow Jennifer Morse offered some interesting thoughts on the matter at ToTheSource. Especially striking to me was this passage:“Perhaps this California homeschool dispute represents a larger conflict over the future of society. Whose children are these, anyway?” She goes on to cite the argument of a recent book, “that the competition for the control of children will only increase as children become more scarce.”

Remember that study two years ago showing conservatives having more children than liberals? Connect the dots. I feel a conspiracy theory brewing.
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Educational Freedom Under Attack

Friday, March 7, 2008
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.
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