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A Big Win for Judicial Supremacy, a Big Loss for Government Language Lawyers and Another Example of Real Change

Parents "do not have a constitutional right to homeschool their children."

So wrote a California judge in a case that has ominous potential for the estimated one million-plus American families who have opted out of the public education monopoly and choose to educate their children at home.

Although the ruling is being appealed to the California Supreme Court, as it now stands, the 166,000 California children who are home schooled are truant, and their parents are criminals. Welcome, as the Wall Street Journaleditorialized, to a "strange new chapter" in the "annals of judicial imperialism."

No Teaching Credentials? No Home Schooling.

For background, you should know that although California's compulsory education law requires that all children between the ages of six and 18 attend a full-time day school, the state law also contains provisions for parents to legally teach their children at home. Under these provisions, homeschooling by unlicensed moms and dads has flourished in California, as it has across the nation.

But all this began to change when the Los Angeles Department of Children and Family Services recently investigated a claim of abuse by a homeschooled child. Lawyers representing the child invoked the California compulsory education statute to send the child to a public school and a judge eventually agreed, ruling that homeschooling by an unlicensed parent teacher is illegal. Thus, writes the Journal, "a single case of parental abuse is being used to promote the registration of all parents who crack a book for their kids."

The long and short of it: A California court has ruled that if you haven't spent four years attending a teaching college and getting the proper licenses from the state, you can't homeschool your children.

Another Case of a Special Interest Using the Courts to Do What It Can't at the Voting Booth

The merits of homeschooling speak for themselves. Homeschooled children dominate academic competitions and get superior scores on standardized tests. They excel at all the things compulsory education laws are meant to promote, such as school attendance, academics and civic education.

But the California homeschooling decision is important in another respect -- even those of us who don't homeschool our kids should be outraged and concerned.

The decision represents yet another case of a special interest -- in this case, the education unions and bureaucracy -- using the courts to get what they can't get through the popular vote.

This is yet another example of judicial supremacy: Rule by an out-of-control judiciary rather than the will of the people. It joins court rulings such as the removal of "under God" from the Pledge of Allegiance on a long list of usurpations of the freedom and self-determination of the American people.

What You Can Do About It

The good news is that citizen activism can be a powerful tool in fighting judicial supremacy.

A good example is the Home School Legal Defense Association (HSLDA), a group fighting for the rights of homeschooling parents in California and states across the nation.

They initiated a petition drive in the wake of the California decision that attracted a quarter of a million signatures in 10 days. The effort was so successful that they've stopped gathering signatures. But you can still learn more and help their cause by going to HSLDA.org.

And don't stop there. Homeschool regulations are overwhelmingly developed at the state-government level. Call or write your state representatives and let them know that this is one case of judicial supremacy that will not stand.

Alexander Leads Fight to Protect English in the Workplace

For months now, I've been telling you about the legal harassment by the United States government of charities and small businesses that ask that their employees speak English on the job.

It all began when a Salvation Army thrift store in Massachusetts put two of its employees on notice that they must learn to speak English when they were at work. But after six years, when they had failed to do so, they were let go.

That's when the government lawyers got involved.

The Equal Employment Opportunity Commission (EEOC) sued the Salvation Army, claiming it had discriminated against the fired employees by requiring them to speak English at work.

And the Salvation Army is not alone in facing harassment for promoting English. The number of these kinds of discrimination cases filed with the government has quadrupled since 1996.

'The Federal Government Ought to Be on the Side of Valuing Our Common Language, Not Devaluing It'

But now, congratulations to Sen. Lamar Alexander (R-Tenn.) are in order. His amendment to stop the government persecution of small businesses who ask their employees to speak English on the job was approved by the Senate by a vote of 54 to 44.

But the Alexander bill doesn't punish people for speaking other languages, it supports people learning English. It neatly takes the money the EEOC uses to file lawsuits against English-only workplaces and puts it into the Department of Education grant program to teach English and civics to immigrants.

Sen. Alexander describes the motivating idea behind his bill best when he says, "Several things unite us as Americans -- our common history, the principles in our founding documents, and our common language -- and the federal government ought to be consistently on the side of valuing that common language and not on the side of devaluing it."

Louisiana Gov. Bobby Jindal: 'Another Momentous Session'

Earlier this month, I told you about newly sworn-in Louisiana Republican Gov. Bobby Jindal's historic overhaul of Louisiana's notoriously corrupt state politics.

Jindal brought the majority Democratic Louisiana legislature into special session and passed an ambitious ethics reform agenda, taking Louisiana from the ranks of the states with the worst ethics standards to ranks of the states with the best.

The achievement was historic. But Bobby Jindal was just getting started.

Last week, he completed yet another special session of the legislature -- and it turned out to be what the New Orleans Times Picayune called "Another Momentous Session."

This time, Jindal took on the task of making Louisiana friendlier to business and investment by lowering business taxes and investing in long-term infrastructure.

Like I said before, Bobby Jindal was an agent of change before "change" became a cliché. He's one to watch for all of us who believe in the endless possibilities of America when government is accountable, entrepreneurship is rewarded, creativity is encouraged and real achievement matters.

That's Bobby Jindal's America, and that's real change.

P.S. -- Last Thursday, I wrote in a special edition of "Winning the Future" that Illinois Democratic Sen. Barack Obama's speech last week in Philadelphia was an invitation to a national dialogue on how to help every American pursue happiness, an invitation that conservatives should accept. Please join me this Thursday at the American Enterprise Institute when I describe how the cost of bad government has caused such ruin and broken lives in cities like Detroit and how the challenge of helping the poor to create prosperity with their fellow Americans won't be solved with the attitudes, policies and institutions of the left, most of which have been a disaster for so many, especially children. I will also outline some of the solutions that will be required so the poor and the powerless in America can have a new birth of freedom -- based upon principles, policies, and institutions that actually work. My talk will begin at 12:30 pm at AEI in the Wohlstetter Conference Center.

P.P.S. -- I want to share with you a letter from a reader in North Carolina that shows in a very gratifying way how Real Change is effecting the way citizens view their government and its responsibilities. The following is a recent letter to the editor of the Raleigh News and Observer:

    Recent headlines support the premise of Newt Gingrich's current best seller Real Change: Government (for which we pay royally) is broken. Two stories, superimposed upon years of state government scandals, are illustrative.

    Last month, we learned that state government paid companies that employ high school graduates $61 an hour to take mental health "clients" to shopping malls. While the governor ducked responsibility and his Department of Health and Human Services secretary went over the hill, shady entrepreneurs recruited door-to-door and made millions.

    Now we find that one of the suspects in the killing of a UNC student is a multiple felon, allowed to remain on the street by a broken justice system.

    This is outrageous, and we have a right to be darned angry.

    It's an election year, and the same shopworn names are in the news as the entrenched politicos jockey for position. Gingrich's book should be required reading for everyone running for state office. Then each candidate should be made to answer this question: Do you agree that government is broken, and if so, what would you do to fix it?

    We deserve nothing less.

    Fred F. Holt, M.D. Raleigh




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Comments
By Bill Forstchen @ Tuesday, April 01, 2008 8:59 AM
Bill Forstchen here, Newt's co-author for the Gettysburg and Pacific War series. I absolutely must respond to this one since this is most definitely one of my "hot button" issues. Actually I wear "three hats" when it comes to this topic. I am a parent of a fourteen year old daughter for whom I sacrifice a lot to place her in a private faith oriented school while my taxes still support a failed system. I've been a teacher for thirty years, starting with Middle Schoolers and now teach at a small Christian college. Finally, perhaps hard to believe, I actually ran a teacher education department for history students a decade or so back (and was stunned by the facsist like mandates of the state imposed on our program. When the "inspectors" came from the state government, into our private school to examine our program, the requirements were beyond absurd and I felt at times like I was facing a Stalinist inquisition. It was obvious they wanted our efforts to fail and their self rightous arrogance still leaves me cold. Yet again, it was not about what was best for students, it was about their particular political agenda and maintaining the power lock of the teacher's unions on the rest of us.

I am outraged by the CA court ruling, in fact outraged over the entire farce of public education and the self serving lobbies of so called "educationalists" who have always placed their social and political agenda ahead of our children for the last forty years.

Thirty years ago, long before I met Newt, I was a lone voice it seemed shouting that vouchers were the only answer. A little known fact is that for many years the State of Maine did have a limited voucher system. It worked beautifully, until liberal "educators" all but shattered it, yet again under the charade of requiring "teacher certification." Ask any real teacher (as differentiated from "educationalist") and they will tell you that teacher ed credits are a joke and nothing but indoctrination. Content area should be the focus of training. Give me someone with sixty credit hours in history, not twelve hours in history and the rest in "educationalist" courses. And that is why home schoolers are usually so successful, their parents become content specialists. On a regular basis I have such parents taking my history classes in order to go home and teach their children, or even better, they actually bring their twelve and fourteen year olds into my college level classes to learn. Of course if these children were tossed back into the public system, such content rich exposure would be out.

Ask any real teacher out there about the horrid impact of "No Child Left" behind and you will be met either with icy silence or an explosion of rage over that farce.

What is wrong with vouchers? It takes the power out of the hands of the educationalists and places it where it belongs, in the hands of the parents. If liberals are so intent on helping the "working guy" why do they deny the middle class and especially the urban poor the right to chose, while they, themselves, you will often discover, send their kids to private schools. I am lucky to be able to squeek through financially to afford a private education for my daughter, I am outraged that those who can not afford such are locked into a government controlled indoctrination instead.

Support of private education by vouchers? Oh horrors that it might go to religiously backed schools! Dear readers, there is one heck of a precedent that the liberals never talk about. Ask any G.I. My Dad, after five years of honorable service received the G.I. bill and went to a Catholic college, no questions asked. Hmmm, ok for that, wasn't it? It is still done today as far as veterans benefits go. So why not for the rest of us? It is a question, that when I present in debate, the "educationalists" have no answer for, other than their own self serving interest and job security in a failed system.

Sincerely,

BIll Forstchen

By ericrobinson @ Tuesday, March 25, 2008 7:00 PM
Government knows no limits except for those forced upon it by threat of violence. Ours is no better than any other. We were simply blessed with the Second Amendment. Our government will continue to eat away at our rights and will continue to try and undermine our ability to stop it until one of us makes a fateful move on the other. Who will prevail? THAT has yet to be determined. They MUST have our children if they are to succeed in talking us out of our seat in the "balance of power".

By John Ansell @ Tuesday, March 25, 2008 6:01 PM
Once again, Newt knocks it over the fence. I think this is the place where "Needs to Know meets Know it all."

Thanks Newt.

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