Who should decide the content of the curriculum and the program for commencement for local schools?
Local school authorities? Teachers and principals? Parents? Federal
Courts?
Should the answer here be controlled by the incorporated
Establishment Clause?
Or by the Tenth Amendment and the process of
democratic self-government in the states?
Do these cases demonstrate the need for school choice, for a system that
allows parents to decide where (and how) to educate their children
without losing the educational funding paid for by their tax dollars?
In America, there is no longer a common understanding about what is true, what is good, and what is beautiful.
Just think about the things we cannot agree on, things that are often covered in K-12 curricula:
--Evolution vs. Creation. Even if a school decides to teach evolution,
should it also take care to focus on whether there is any real meaning
and purpose to life in a world that came about as a result of a random
process of natural selection? If so, what is the source of this meaning?
Is it an objective source of meaning, or only our collective best
subjective guess about the purpose of life? Is it consistent with, say,
what the Bible teaches about life? Or only with certain interpretations
of the Bible? Which interpretations are the "true" ones and which are
false or based upon ignorance or misunderstanding or pride and hubris?
Says who?
--What should children be taught about human sexuality, sexual
orientation and marriage and family and human reproduction? Again, is
there an objective reality about these issues, or not?
--What should children be taught about history and government? Does the
Constitution create a large and powerful national government with weak
and dependent states? Which liberties are fundamental? And what is the
source of those liberties? Were we "endowed by out Creator" with these
liberties? Or do we look to unelected judges to endow us with ones they
like and deprive us of ones they don't like?
--What should our children be taught about environmentalism vs property rights? About taxes and social safety nets?
--How then should we live?What constitutes good character?
I could go on forever with this list.
And it is obvious that there are no common truths or common values with
respect to these issues. Whose version of the truth should our children
be taught? Who decides which version or versions of truth and values our
children should be exposed to in school? And who decides which versions
of the truth and values will not be included in the curriculum?
If religious versions of the truth are excluded from the curriculum, is
the curriculum neutral between religion and non-religion? Between those
who believe in secular perspectives and those who believe in religious
perspectives?
Between those who think that prayer belongs in education and those who think it does not?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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