Our Constitutional Rights

This topic is big for me. It always has been. This article is taken from Texas Home School Coalition on the recent California ruling that home schooling is illegal. This just wakes the giant in me...

"The cat is finally out of the bag. A California appellate court, ruling that parents have no constitutional right to homeschool their children, pinned its decision on this ominous quotation from a 47-year-old case, "A primary purpose of the educational system is to train schoolchildren in good citizenship, patriotism and loyalty to the state and the nation as a means of protecting the public welfare."

There you have it; a primary purpose of government schools is to train schoolchildren "in loyalty to the state." Somehow that protects "the public welfare" more than allowing parents to homeschool their children, even though homeschooled kids routinely outperform government-schooled kids academically. In 2006, homeschooled students had an average ACT composite score of 22.4. The national average was 21.1."
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"It reminds me of what New York Judge Gideon Tucker said in the Nineteenth Century, "No man's life, liberty, or property are safe while the legislature is in session."


This particular case is muddied by suspicions of child abuse, but as the Times said, the court improperly "used a single example of possible child abuse to throw the book at tens of thousands of home schoolers."

I think the state court is looking at the state Constitution upside down. The court finds no constitutional right to homeschool one's children. But in a free country, people are free to do anything not expressly prohibited by law. If the Constitution is silent about homeschooling, then the right is reserved to the people. That's how the Framers of the U.S. Constitution said things are supposed to work.


Last week, the appellate court surprised everyone by agreeing to rehear the case. The San Francisco Chronicle reports that the judges "hinted at a re-evaluation of its entire Feb. 28 ruling by inviting written arguments from state and local education officials and teachers' unions".
On top of that, state Schools Superintendent Jack O'Connell says he thinks homeschooling is legal and favors choice in education.

That's reasonable news. But why is education the business of government? It's taken for granted that the state is every child's ultimate parent, but there's no justification for that in a free society. Parents may not be perfect -- some are pretty bad -- but a cold, faceless bureaucracy is no better.
Let's hope the court gets it right in June."