Category Archives: Federalism

Rudy Giuliani Gets It Mostly Wrong On Education

Rudy Giuliani says he believes in school choice, but it’s not the kind of school choice you might think:

MERRIMACK, N.H. (AP) — Republican presidential hopeful Rudy Giuliani on Friday argued for taxpayer-funded vouchers for private elementary and secondary schools, saying school choice works for the nation’s colleges and universities.

People come from all over the world to attend college in the United States, Giuliani said at a town hall meeting in Merrimack, N.H.

“How is it that we have the best higher education in the world and a weaker K-through-12 system?” Giuliani said. “What’s the difference? Why does one operate so well and the other not nearly as well? American higher education is based on a quintessential American principle – choice.”

As mayor of New York, Giuliani backed vouchers for private and parochial schools in the face of opposition from his own schools chancellor.

“I’d give parents control over their children’s education,” Giuliani told the audience of about 150 people at a solar power products plant. “We’ve got to have competition operating. If we don’t do that, our education system is going to deteriorate.”

As Andrew Coulson points out at Cato@Liberty, Giuliani’s approach completely misses the point of what a true pro-choice position on education should be:

Real consumer choice and competition among schools aren’t just good ideas — they’re essential if we are ever going to see the kind of progress and innovation in education that we’ve seen in every other field over the past few centuries. But if Rudy is saying he’d back a federal school choice program, he’s got the right idea at the wrong level of government.

As someone who touts the merits of limited government, Giuliani should heed the Tenth Amendment, which reserves to the states and the people powers that they have not delegated to Washington in the Constitution. Last time I checked, neither the word “education” nor the word “school” appears anywhere in that document.

What Giuliani is saying is really no different from what any other Republican has said about education for the past 30 years or more. Heck 27 years ago, Ronald Reagan campaigned on the idea of eliminating the Department of Education.

And what have we gotten ?

Not less Federal involvement in education, but more, as epitomized by the George Bush-Ted Kennedy love child known as the No Child Left Behind Act.

Not a smaller Department of Education, but a larger one.

And, in the end, have we gotten better schools ? Of course not.

For more than 200 years, the government kept its nose out of education, and for good reason; (1) the Constitution gives Congress absolutely no authority over the subject, and (2) it’s impossible for Congressman and bureaucrats sitting in Washington, D.C. to design an education system that is going to work for every school in every town in America.

One can debate whether government should be involved in education at all, and I certainly think that the government monopoly on education should be eliminated, but to the extent it should exist, that involvement belongs at the local level.

Mr. Giuliani, read the Constitution.

Fred Thompson — Strict Constructionist?

Fred Thompson is flogging the dead horse of judicial appointments, pointing out that Democrats will pull out any trick in their arsenal to block conservative appointees. I know he’s been out of the Senate for a while, but the fact that he seems shocked by this makes me wonder if he’s been paying attention at all over the last few years.

But it brings up an interesting question regarding his beliefs on the role of the Supreme Court. Most Republicans would agree that the Court shouldn’t “legislate from the bench”, and such things as when the Court puts mandates out that basically force legislatures to comply, it’s probably not right. But what about striking down legislation from the bench? Here, sadly, he seems to want to give Congress free reign:

From the beginning of his Administration, President Bush was committed to appointing judges who understand the appropriate limits on their role and seek to interpret the law as written by Congress — rather than revising it to achieve their own preferred goals. Too many Democrats, though, prefer judges who, under the guise of interpreting the Constitution, will impose their policy preferences on the citizenry.

These are two very different notions of the appropriate role of judges. On this issue, I stand with the President, along with the kinds of judges he appoints, like Chief Justice John Roberts and Justice Samuel Alito.

(Emphasis added.)

He doesn’t suggest that the role of the court is to determine whether legislation passed by Congress is Constitutional. As my post last week suggests, he pays lip service to things like federalism while calmly explaining exactly how it should be trimmed and curtailed and toned down. I wonder whether he thinks it is the role of the Court to intervene in the legislative process when the Congress oversteps their Constitutional bounds.

Those on the Right want you to believe that judicial activism only occurs on the Left. But modern Republicans don’t want to go back to the days where the Constitution means what it says, they want to get their own conservative judicial activists on the bench. It’s not a respect for small government that they’re after, it’s to get their own team in power.

Think about it. If Thompson were elected, can you seriously see him nominating someone who takes the Constitution seriously— like Janice Rogers Brown— to the high court?

Fred Thompson — Federalist?

I’m pulling for Ron Paul, but I have to have a question in the back of my mind. If Ron Paul doesn’t get the nomination, should I vote Republican or Libertarian in 2008? The question comes down to this: “Is there anyone other than Ron Paul in the Republican field that I want to vote for, instead of just voting against Democrats?”

Since I live in California, the question is largely academic. California isn’t in danger of being a close state in the general election, so I have to vote for principle. I’ve already ruled out Giuliani, McCain, and I’m already leaning against Romney. But I know very little about Fred Thompson.

I received an email from Jon Henke, one of the bloggers from QandO, who is a Fred Thompson supporter. The email contained the last two paragraphs of this post, making me think that perhaps Fred Thompson believed in the same strain of federalism that I do:

A good first step would be to codify the Executive Order on Federalism first signed by President Ronald Reagan. That Executive Order, first revoked by President Clinton, then modified to the point of uselessness, required agencies to respect the principle of the Tenth Amendment when formulating policies and implementing the laws passed by Congress. It preserved the division of responsibilities between the states and the federal government envisioned by the Framers of the Constitution. It was a fine idea that should never have been revoked. The next president should put it right back in effect, and see to it that the rightful authority of state and local governments is respected.

It is not enough to say that we are “for” federalism, because in today’s world it is not always clear what that means. What we are “for” is liberty for our citizens. Federalism divides power between the states and government in Washington. It is a tool to promote freedom. How we draw the line between federal and state roles in this century, and how we stay true to the principles of federalism for the purpose of protecting economic and individual freedom are questions we must answer. Our challenge – meaning the federal government, the states, our communities and constituents – is to answer these questions together.

Sounds pretty good, no? But when I read the whole think, I started to backtrack on that…

First, he points out that federalism creates 50 little “laboratories” across America, where different ideas can be tested out. Unfortunately, he first points out how wonderful it was that we could take those different ideas and start standardizing them across our entire nation:

A good example of this early in my Senate service was welfare reform. We were warned that terrible things would happen if we went forward with a bill – a fundamental commitment would be abandoned and, among state governments, a “race to the bottom” would begin.

But key to our approach were elements of welfare reform that had proved successful in various states, such as Colorado, Michigan and Wisconsin. The result was a law that allowed us to better meet our commitments to our fellow citizens. It was one of the great political successes of the 1990’s, because Washington – for once – had the good sense to learn from state and local authorities and empower them in return.

I’ll give him half a pass on this one. After all, one can make the argument that the welfare reform bill was an improvement over what existed, and federalism did assist to make that more efficient. However, Thompson doesn’t make the argument that welfare should be a state matter from the beginning, he argues that the federal government learned from federalism. Allowing states to compete ensures continually improving efficiency of future programs, codifying the results of past competition and keeping power in federal hands doesn’t prepare for the future.

But another point is just inexcusable. He again suggests that federalism might help efficiency of the federal government, but then states that the funding must remain in Washington’s hands. How does the guy who fondly references Ronald Reagan’s executive order leave out the fact that Reagan campaigned on the promise to abolish the federal Department of Education, and then suggest that the feds have a responsibility to fund education?

Perhaps the clearest example of federal over-involvement in state and local responsibilities is public education. It’s the classic case of how the federal government buys authority over state and local matters with tax-payer money and ends up squandering both the authority and the money while imposing additional burdens on states.

It is appropriate for the federal government to provide funding and set goals for the state to meet in exchange for that funding. However, it is not a good idea for the federal government to specifically set forth the means to be used in order to reach those goals. Adherence to this principle would make for fewer bureaucracies, fewer regulations, and less expense, while promoting educational achievement. There are bills pending in Congress that would move us in this direction, and I hope Congress gives them the attention they deserve.

It is appropriate for the feds to provide funding? I thought he was a federalist, and a Constitutionalist. Sure, Thompson can read the Tenth Amendment, but apparently he’s reading between the lines of Article I, Section 8 if he believes that the federal government has a role in local education, whether funding or control. I would remind him that with funding comes control, and that’s one of the biggest reason to sever the funding link, not try to ignore the fact that one follows the other.

Fred Thompson appears to be a federalist in the same way that George W. Bush appears to be a conservative: when it’s politically expedient.

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