Archive for the ‘Stop Common Core’ Tag
Phillip Hamburger, law professor at Columbia Law School, gave a moving speech at Hillsdale College about the Constitution, also published in Imprimis this year. It laid out more clearly than I’d seen it before, exactly how the U.S. has strayed from our Constitution, and how it’s endangering us. His speech was titled, “The History and Danger of Administrative Law”.
Professor Hamburger made no allusion to education reforms, yet he wonderfully, as a bonus, happened to explain the foundational problem of the Common Core Initiative: that the governance system of Common Core is unrepresentative, unconstitutional and dangerous. Here’s how.
Hamburger explained that administrative law revives something that the Constitution barred: prerogative, or absolute power. He wrote: “Administrative law is commonly defended as a new sort of power, a product of the 19th and the 20th centuries that developed to deal with the problems of modern society in all its complexity… What I will suggest, in contrast, is that administrative power is actually very old.”
Old is right. Throughout history, countless generations suffered because others have wielded power over their lives. The whole purpose of the suffering and sacrifices of American pilgrims and pioneers was to escape unbalanced, top-down, often cruel, power. The success and freedom of the USA stemmed from the Constitution’s restraining of human power over other humans, and its strict limitation of its own government, and its checking and spreading of power, in order to avoid the cycle of oppression that the founders fled. The Constitution gives no lawmaking power to anyone but Congress.
Hamburger said, “Put simply, administrative acts are binding or constraining edicts that come, not through law, but through other
mechanisms or pathways…In a way we can think of administrative law as a form of off-road driving… For those in the driver’s seat, this can be quite exhilarating. For the rest of us, it’s a little unnerving.“
Reading this, I thought about Secretary of Education Arne Duncan, who drove off-road when he made regulations and policy changes to what Congress had long ago created in the privacy-protecting federal FERPA laws, so that he could meet his education data mining goals, which included (as outlined in his cooperative agreements* with state testing consortia) the sharing of “student-level data” –subject to law. Duncan had to alter that law. He shredded the previously protective FERPA when he made those regulatory changes. The Electronic Privacy Information Center sued him for it. But Duncan got away with it. Case dismissed.
I also thought of Duncan’s waving of money in front of cash-strapped states, tempting/coercing states into adopting Common standards and assessments and database systems in exchange for money. Off-road again. No basis in Constitutionality, just in cash.
I also thought about the little unauthorized onto-the-road drive taken by a little private club with a misleading name, the National Governors’ Association (NGA) which acts as if it were a legitimate voice for the people, as if it were Congress. NGA created, promoted and copyrighted these national standards, (the Common Core) as well as partnering with CCSSO in making national data collection standards (CEDS). The CCSSO and NGA hold no representational authority over education. It’s a giant bluff, and would almost be laughable, but it’s not funny, because it damages America.
I also thought about the blurring of lines of authority and power that happen with the creation of public-private-partnerships. When NGA and its sister-club, the superintendents’ club, CCSSO, partnered with the federal government and with Bill Gates to create education policy, Common Core bypassed Congress in two ways: by federal overreach plus corporate overreach –into what ought to be the states’ voters’ decision making arena.
Here’s a screenshot, evidence that the federal government has partnered with the private club that copyrighted Common Core and created Common Data Standards:
Remember our Constitution. It says that ALL legislative powers shall be vested in a Congress. Congress is supposed to make the laws. The Department of Education isn’t Congress. Neither is the National Governors’ Association, and neither is Bill Gates. Their assumption of unauthorized power over education policy, rather than having voters, via their Congressional representatives, to determine how education goes, is a clear corruption.
So what about corruption? Who cares?
Here’s why we must care. Hamburger writes that administrative law is “essentially a reemergence of the absolute power practiced by pre-modern kings. Rather than a modern necessity, it is a latterday version of a recurring threat—a threat inherent in human nature and in the temptations of power.”
He reminds us: “Early Americans were very familiar with absolute power. They feared this extra-legal, supra-legal, and consolidated
power because they knew from English history that such power could
evade the law and override all legal rights… Americans established the Constitution to be the source of all government power and to bar any absolute power. Nonetheless, absolute power has come back to life.”
He goes on: “ over the past 120 years, Americans have reestablished the very sort of power that the Constitution most centrally forbade. Administrative law… binds Americans not through law but through other mechanisms—not through statutes but through regulations—and not through the decisions of courts but through other adjudications. It… requires judges to put aside their independent
judgment and defer to administrative power as if it were above the
law—which our judges do far more systematically than even the worst
of 17th century English judges. And it is consolidated in that it combines the three powers of government—legislative, executive, and judicial—in administrative agencies.”
He concludes: “In sum, the conventional understanding of administrative law is utterly mistaken. It is wrong on the history and
oblivious to the danger. That danger is absolutism: extra-legal, supra-legal, and consolidated power. And the danger matters because administrative power revives this absolutism. The Constitution carefully barred this threat, but constitutional doctrine has
since legitimized this dangerous sort of power. It therefore is necessary to go back to basics… We should demand rule through law and rule under law. Even more fundamentally, we need to reclaim the vocabulary of law: Rather than speak of administrative law, we should speak of administrative power—indeed, of absolute power...”
Read the rest here.
Thank you so much, Professor Hamburger.
*Today, I noticed that the Cooperative Agreement between the Department of Education and Smarter Balanced Assessment Consortia link says “webpage not available.” But I had typed it into another post, not in full but at length, if you are interested, here.
Joy Pullman’s new must-read article at The Federalist is: “Seven Things Politicians Will Say to Make You Think They Oppose Common Core”.
Linked, documented and easy to read, this article delivers a long-needed direct punch to the gut of the hypocritical politicians (and school board candidates and others) who claim to be “for local control,” for parents’ rights, for teachers, for children—- some even claim to be against Common Core– but all the while, their left hand is undoing whatever their right hand does. Pullman’s article explains this hypocrisy so well. Her seven points are:
1. Scott Walker: Let’s Create Another Educrat Committee
2. Mike Pence: But We Can’t Lose Our NCLB Waiver
3. Mike Huckabee: It’s Not Common Core, It’s the Name
4. John Kasich: We Still Have Local Control
5. Jeb Bush: I Will Never Support a National Curriculum
6. Bobby Jindal: The Feds Ruined Common Core
7. Senators: I Can’t Do Anything Because It’s a State Issue
Pullman also exposes the still-little-known fact that Common Core is NOT just academic standards but also common data standards and databases.
She explains that the federal government is “sending states millions to create identical student databases that plug directly into Common Core K-12 testing pipelines so everyone’s personal information can be collected in a government dossier. Are these senators saying they have no power to stop things they or their predecessors (mostly) authorized? Are they saying they can’t sign onto bills that prevent federal involvement with Common Core, testing, or curriculum? That once an executive decides to run all over Congress and the laws, no one can stop him? If so, time to get someone else into their offices who thinks Congress is more than a bunch of bobble heads. At the very least, they could be honest like Louisiana Sen. David Vitter, who recently went from supporting Common Core to opposing it, and to prove his conversion has introduced a bill that would prohibit the federal government from mandating or incentivizing curriculum mandates, tests, or curriculum. It seems to be a strong bill, but here’s the problem: The U.S. Department of Education is already ignoring three laws that prohibit its Common Core-pushing. Adding another doesn’t seem likely to change its behavior. That means what really needs to happen is cutting USDOE off at the knees by slashing its budget and responsibilities.
Thank you, Joy Pullman.
From Alaska with love.
Here’s a video that I hadn’t seen before, made last spring as Alaska legislators listened to expert testimony about Common Core. It’s long, but truly worth the time. My plan was to listen while I folded laundry but I kept throwing down the laundry to run over and replay a section, cheering for the vital testimonies being presented.
One of the jumping-and-cheering parts was Professor Anthony Esolen –on the ham-handed writing of the Common Core English standards– which starts at minute 19:00 and goes to about 27:00.
He vividly expressed how during this era of trash-literature, when it is more important than ever to bring students to great books, the Common Core fails us; it doesn’t even introduce students to their great literary heritage except in little fragments and shards; it fails to coherently teach grammar; it tragically kills any chance at kindling a deep love of reading, suffocating under information-text mandates the needed wide exposure to imaginative and classic literature.
It’s understated to say that the meeting grew a bit tense. Those gathered did not seem to agree even on whether or not Alaska’s standards are the same as Common Core standards. Key attendees appeared unmoved by the logical, passionate expressions given by testifiers, their minds likely having been made up prior to the testimonies.
At this link, watch the discussion, introduced by Representative Lora Reinbold. Testifiers include: Terrence Moore of Hillsdale College; Anthony Eselon of Providence College; Sandra Stotsky (ret.) University of Arkansas; Ze’ev Wurman, former Department of Education Official (Bush Admin.), NEA Ron Fuhrer President; Marty Van Diest, parent; Troy Carlock and Joe Alward, teachers; and Mike Hanley, Commissioner of Education.
The Governor’s new budget plan is making news this week, with most of the tax surplus money planned for Utah “education.” That’s the governor’s pipeline-based definition of education, not education as most of us would define it. His “education funding” funds the state’s SLDS data-mining aligned programs made palatable to citizens and legislators under the branding of “education.”)
It’s tragic and ironic that the Governor has often said that Utah can get out of Common Core anytime we want to. The Utah Attorney General validated that statement in his report, saying that Utah’s Common Core doesn’t cede control to the federal government. (See rebuttal to the report here.)
But how would Utah free herself now of Common Core?
We’ve decided to sign away, in ink made of the sweat and blood of taxpayers who earned the hundreds of millions— any real possibility of withdrawal from the Common Core.
How would Utah ever get out of Common Core after recreating our whole education system based on the experiment of Common Core and Common Data aligned technologies and tests? (Not only that– we are now leading others along: Utah now gains millions by selling our Common Core test questions to other states, making them dependent on us for their own Common Core assessments.)
How foolish are we, to keep investing and investing— in something that was built on a sandy, utterly experimental, and unconstitutional foundation from the start?
The Governor’s even planning to hike gas taxes to support his enthusiasm for the workforce-pipeline version of “education”. The Deseret News reported that “The governor’s spending plan… puts pressure on lawmakers to look at a gas tax increase by calling for $94.2 million in sales taxes earmarked for transportation to instead be used for education.”
The Utah Board of Education praised the governor this week: “The Board of Education is very pleased that the Governor recommends such a large investment in Utah’s public education and its children. Like the Governor, the Board of Education believes the best educational policy in Utah is made in Utah by Utahns.“
Sadly, these are lies. The funding decisions aren’t set up to bless children. The programs being funded just promote centralized–not local– control.
This week’s decision to spend more than has ever been spent before on “education” is almost entirely focused on Common Core and Common Data Standards-aligned technology. These are D.C. based systems.
Aligning to these systems is not motivated by care for children. Foremost it benefits the market; secondly, it benefits Sec. Duncan’s and the CCSSO’s unconstitutional programs and policies: it’s top-down, rather than local, accountability.
This is far from being policy being “made in Utah by Utahns.” This is voter-unvetted policy being duplicated precisely from policies laid out by Obama, Arne Duncan, Bill Gates/Microsoft/Pearson Inc, CCSSO, Choice Solutions, Utrex, and the rest of the partnered organizations and corporations that profit deeply from Utah’s taxpayers’ gullibility and the same-ifying of Common Core (CCSS) education and Common Data (CEDS) education data systems.
Remember that Common Core/Common Ed Data financier Bill Gates said: “We’ll only know that this effort has succeeded when the currriculum and tests are aligned to these standards …The Common Core …when the tests are aligned to the common standards, the curriculum will line up as well, and it will unleash a powerful market… For the first time, there will be a large, uniform base of customers“.
That “powerful market” and its “uniform base of customers” includes Utah’s clueless taxpayers and legislature. Gates’ customer base is being funded by Governor Herbert to benefit the Utah Chamber of Commerce and the D.C. based, Gates-funded, private organizations behind Common Core.
It was Gates who funded CCSSO, both the CCSSO’s copyrighting of the Common Core and its creation of CEDS common data standards used in the State Interoperability Framework (SIF) that the federal government mandated for all states’ use in each SLDS “education” tracking database.
The Governor’s new budget gives:
“$500 million for the state’s public and higher education systems, bringing total state education spending to approximately $4 billion. The Governor recommends over $340 million in support of public education…Major investments include $10.7 million for the Utah Education Network (UEN) to connect schools by providing statewide technology infrastructure. [This is the SLDS database.] An additional $56 million …provides funds for buildings or technology infrastructure to small school districts… The budget recommends $1.5 million for innovative approaches and collaboration for
college and career counseling and $2.4 million for the Utah Futures website.”
These budgetary decisions do not educate. They strengthen the tracking systems, the prediction systems, the control systems.
Do you see the tragic humor in these words from the governor’s budget?
“Unlike those who want to micromanage the public education system from the state level, the Governor believes that the state should establish general policy goals and expected outcomes and allow local control in the specific methods of attaining those goals.“
The opposite is happening.
Utah’s SLDS database, which was built to federal specs, using common data standards (CEDS) and an SIF national-interoperability framework, from which no Utah school district nor parent may opt any child out, does not allow any kind of “local control”. Neither does funding “Utah Futures,” which calls itself the one-stop career and college readiness* website and which fulfils the Governor’s socialistic workforce focus that puts citizens in a cradle-to-workforce “P-20″ human capital pipeline, with central planning and far less personal freedom in education– just like China.
I wish our legislature were not afraid of offending those who accuse them of not funding “the needs of the children”–who give in and fund anything calling itself education. Funding for UEN, Utah Futures, SLDS technologies and Common Core testing infrastructures is not meeting children’s needs. Shame on those who say that it is.
Shame on this foolish waste of hundreds of millions of vital tax money on the shackles of Common Core.
*Career and college readiness, college-and-career-ready standards, and any other similar sounding word, means in the redefined langugage of the Department of Education, Common Core aligned.
The Daily Signal reported yesterday that Louisiana Senator David Vitter has filed a bill that would help ease the way for any state to opt out of Common Core.
Breitbart News reported that Vitters used to be a Common Core supporter, but is now opposed.
Vitter’s new bill intends to enable states to more easily exit the national Common Core standards, which so many parents and educators now oppose, by voiding requirements attached to issued waivers from federal law. The Daily Signal reports: “States likely could retain their waivers from the law, called No Child Left Behind, even if they chose to pull out of Common Core.”
Breitbart News reported that Vitters explained why he changed his stance on Common Core: “After listening to literally thousands of parents, teachers, and others…I don’t believe that we can achieve that Louisiana control, buy-in, and success I’m committed to if we stay in Common Core…
“First, Common Core is controlled by national groups and interests outside Louisiana… many Louisianans legitimately fear that it will become a federal government takeover of education under President Obama and his far-left allies.
“Second, Common Core is causing deep frustration and worse in many classrooms and homes, and not because of greater rigor… “It’s preventing lots of involved parents and teachers — our most important education leaders — from being effective and helping kids learn.”
Vitter added that a third reason for his change of heart is his view that “an entrenched few in public education are trying very hard to manipulate the Common Core controversy to greatly weaken or reverse accountability measures.”
Senator Vitters proposed that his home state:
Have the Governor, Legislature, and BESE convene a blue-ribbon panel of Louisiana parents, teachers, experts from higher education, and business leaders to develop an updated system of rigorous Louisiana standards and testing outside of Common Core/PARCC.
Require that this new system be developed, debated, and adopted in a fully inclusive, transparent, and democratic way.
Thank you, Senator Vitter.
This month in Wappingers Falls, New York, a panel presented concrete ideas for how to take back control of education from the federal government and from its corporate Common Core partners.
To these ideas, add the brilliant idea recently presented by Utah Dad Oak Norton. View that here.