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Separation of School and State
By Trenton | June 7, 2007
An interesting article appeared in The Spectrum newspaper in St. George on Monday. A radio talk show host named Bryan Hyde wrote, “Perhaps it’s time to consider a separation of school and state…”
Imagine what would happen if the state divested itself of the responsibility of educating our children. The school buildings would remain, the competent teachers would still have gainful employment, and the resources would still exist albeit under different ownership. Parents would pay user fees or tuition instead of property taxes, the state would get back to the work of protecting the rights of its citizens and the teachers’ union leadership at last would enjoy the prospect of holding productive jobs in society. There’d be no more fighting over vouchers when parents can choose the educational path that’s best for their children instead of being coerced to simply dump them into the herd.
It is certainly an interesting proposition. But his target is not so much the schools as it is the Utah State Board of Education. And rightly so, because the Board has arrogated to itself the role of final judge in all legislation concerning Utah’s schools and, in the case of the voucher legislation passed earlier this year, has decided it will engage in non-compliance with the law. Their excuse is that the voucher program has been challenged by a referendum that demands that the issue be put to a ballot vote.
There are several reasons why their actions are evil, a couple of which I want to talk about here.
First, I thought the question on whether or not a government body has the right to refuse to obey the laws of the state was settled when the University of Utah lost it’s attempt to prohibit the carrying of weapons on campus, even with a concealed carry permit. In that case the Utah Supreme Court ruled that the University must allow concealed carry permit holders to keep their weapons with them in spite of its ban.
In this case, the both houses of the legislature passed the bill, and the governor signed it making it law. Now, since when does the government body charged with the implementation of a law have the right to refuse to carry out the provision? The State Board of Education has refused to implement vouchers, and has supported the referendum on the grounds that the bill passed by only one vote.
So what? The underlying claim is that because the State board believes that the people do not want vouchers, it should be up to the people to decide whether or not the measure should become law. This, they say, is a more democratic way of determining the outcome of the issue.
Which leads me to my second point. This is not a democracy. The State of Utah is a Republic. A democratic Republic, true, but a Republic nonetheless. This means that simple majority vote does not make law. The Legislature passed this bill by just one or two votes; a simple majority–the hallmark of democracy. Yet, ironically, that exercise of Democracy wasn’t good enough for the State Board. Instead, they wanted the purely democratic form where the people alone decide, absent any elected representatives.
To add further outrage, it is now reported that the two legal consultants hired by the Attorney General’s office to advise the Board on this matter have been telling the Board exactly the opposite of what the Attorney General has been saying. They have been fired, but the damage has already been done. And this is where the irony gets really thick. Here we have a small cadre of individuals undermining and subverting the democratic process, by demanding that we reconsider this measure via a more democratic process!
And when all is said and done, if the State Board and those few extras in this circus have the temerity to subtly overthrow the will of the people when expressed through their elected representatives, what is to stop them doing the same to the people themselves?
Topics: Schools and Education |