The Obama administration's overreach in bullying parents and local school districts by threatening the loss of federal dollars if they do not follow its guidance in allowing students to use facilities such as restrooms, showers and locker rooms of the opposite biological sex is both unlawful and dangerous to our children.
There are more than 430 departments, agencies and sub-agencies in the federal government. Several federal agencies should be eliminated because they are not constitutional, and these three are the most recent, the Department of Education, the Department of Energy and National Labor Relations Board, or NLRB. The 10th Amendment to the United States Constitution states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Those who claim the Department of Education is constitutional say that it promotes the general welfare of the United States; however, this phrase appearing in the Preamble of the Constitution does not grant or prohibit power to Congress – that is not its purpose. The Preamble simply describes the Constitution and what the document itself was designed to do, and is not actually a binding decree of the Constitution. The Department of Education was founded using the Preamble as the basis for its constitutionality, but due to what's stated above, it is clear that it is not. Thomas Jefferson considered the federal government's involvement in education to be unconstitutional. In 1862, James Buchanan warned that giving education to Congress would create a vast and irresponsible authority. Both he and Jefferson were right.
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President Obama requested a $48.8 billion budget for the Department of Education and an additional $28.6 for Pell Grants (both increases from previous years) in his first 2012 budget. Despite all the spending for education, test scores do not improve. Leave it to government to never, ever learn from its mistakes. Since the establishment of the U.S. Department of Education in 1979, the go-to solution for all things education related has been federal dollars piled atop more federal dollars. But for a department so fixated on testing and results, it's remarkable how demonstrable failures are either extended or replicated without end. Race to the Top, Head Start, and No Child Left Behind have poured billions into schooling, without the promised improvements in student achievement. Across the country, the school districts that spend the most per child have the worst results, with the District of Columbia being among the worst offenders. In a recent piece, Politico reports on how the outgoing education secretary's plan to pump billions of dollars of stimulus money into the nation's worst schools was a complete failure. After six years, the schools showed virtually no improvement compared with the ones that received no extra money, while a third of the targeted schools actually got worse. Why, then, does public policy continue to fail the American education system? It should be devolved back to the states.
This has gone too far. The U.S. Congress is still the voice of the American people. It is past time that Congress stands up to the unlawful actions of this president. If Congress will not resist President Obama's overreach into the bathrooms, showers and locker rooms of our nation's schools, then who will? I, the undersigned, strongly urge you to take action to protect our children and stop the Obama administration's radical overreach.
John P. Gibson