Supremes Take Gun Rights Issue Nationwide
With its decision today to hear the case of McDonald v. Chicago, the Supreme Court should settle the question of whether states must recognize the Second Amendment right to keep and bear arms. In June of 2008, in District of Columbia v. Heller, the Court found, for the first time, that the federal government must recognize the Second Amendment right of individuals, quite apart from their belonging to a militia, to have an operational firearm in their home. But the decision left open the question whether states were similarly bound.
Thus, the so-called incorporation doctrine will be at issue in this case – the question of whether the Fourteenth Amendment “incorporates” the guarantees of the Bill of Rights against the states. The Bill of Rights applied originally only against the federal government. But the Fourteenth Amendment, ratified in 1868, left open the question of which rights states were bound to recognize. The modern Court has incorporated most of the rights found in the Bill of Rights, but the Second Amendment’s guarantees have yet to be incorporated.
Moreover, a question that will arise in this case is whether the Court, if it does decide that the states are bound by the Second Amendment, will reach that conclusion under the Fourteenth Amendment’s Due Process Clause or under its Privileges or Immunities Clause, which has been moribund since the infamous Slaughterhouse Cases of 1873. In its brief urging the Court to hear the McDonald petition, the Cato Institute urged the Court to revive the Privileges or Immunities Clause.
Slight Correction to My DC Per Pupil Spending Figure
In my IBD piece today I gave total per pupil spending in DC as $29,000 per pupil. That was based on an official k-12 audited enrollment count of 44,681, which I was told by a district official included the special needs students placed by the district in private schools. It turns out this was not the case, so we have to add in the special needs students to arrive at the total enrollment figure. Unfortunately, I wasn’t able to get that enrollment correction into the IBD in time for publication. Its impact on per pupil spending is not large, however.
The grand total audited enrollment was 48,353 students. From that we have to subtract 997 students in adult education programs and 1,498 students in preschool programs who are not covered by my k-12 budget calculations. That leaves us with a k-12 audited enrollment of 45,858. Dividing that in to the District of Columbia’s $1.3 billion k-12 education budget yields a per pupil spending figure of about $28,000.
One Year After Heller
One year ago today, the Supreme Court handed down its decision in District of Columbia et al. v. Heller. The decision affirmed the Second Amendment as protecting an individual right to keep and bear arms and invalidated the District of Columbia’s draconian gun control regime.
The case generated a storm of media attention. The Cato Institute filed an amicus brief, one of nearly four dozen in the case.
The Cato Institute held a forum for Brian Doherty’s book chronicling this victory for liberty, Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment. The Heller case also figured prominently in Cato multimedia from Robert A. Levy and Clark Neily.
Heller did not settle all of the questions related to the right to keep and bear arms. The incorporation of the Second Amendment against state bans and regulations is currently being litigated across the country. A three-judge panel in the Court of Appeals for the Ninth Circuit held that the Second Amendment is incorporated against the states. The Seventh Circuit and Second Circuit disagreed. Supreme Court nominee Sonia Sotomayor was on the Second Circuit panel that declined to incorporate the Second Amendment, and Roger Pilon notes that this may play into her confirmation hearings. The circuit split on incorporation sets the stage for a further appeal to the Supreme Court, and Alan Gura and the National Rifle Association have both filed petitions for a writ of certiorari. Robert A. Levy discusses this in his recent Cato podcast.
It will be interesting to see what the next year brings for the Second Amendment.
The Quiet War against School Choice
First, the Democrats in Washington for all intents and purposes killed the District of Columbia’s proven voucher program, but did it with Ninja-like stealth. The weapons: Nearly impossible reauthorization requirements, late Friday announcements, and politically expedient promises to keep kids currently attending good schools from being very publicly booted.
Now it’s Milwaukee’s turn. The new Democratic majority in Madison is on its way to cutting the value of individual vouchers while raising public school per-pupil expenditures, and even worse, is larding new regulations on private schools participating in the choice program. Perhaps the most ridiculous proposed reg: Requiring all participating private schools with student bodies that are more than 10 percent limited English proficient to provide a “bilingual-bicultural education program.” As if one of the major benefits of choice isn’t that parents can choose such programs if they think they are best for their kids, and can select something else if they don’t! But, of course, political decisions aren’t primarily about what parents want and kids need.
Thankfully, there is a resistance forming to the assault in Milwaukee, with choice advocates now refusing to remain quiet after naively doing so when they were told that fighting back would only make things worse. The choice-supporting national media is also speaking up. But one can’t help but fear that it may be too little, too late.
Support for Private School Choice Officially “Mainstream”
The USA Today editorializes this morning in support of the DC voucher program and school choice in general. That’s a shift from last year when Robert Enlow of the Friedman Foundation had to respond to their dismissal of vouchers. From the enlightened board:
As an Education Department spokesman says, “The unions are not happy.” But 20 million low-income school kids need a chance to succeed. School choice is the most effective way to give it to them.
The shift of center-left elite opinion on school choice is a hugely important development, as I noted with the first wave of mainstream media attention to the DC voucher program’s death-sentence:
When elites unite on mainstream issues, the public’s response is relatively nonideological and lopsided. School choice is progressively mainstreaming, slowly but surely moving from a polarized elite debate to one where the intensity and support is weighted in favor of school choice.
When an issue that used to be considered free-market fringe is embraced as a moral litmus test for politicians by liberal editorial boards, the issue-argument has been won. That’s certainly not to say the policy war has been won, but an important battle toward realizing that goal has been.
The opposition’s intensity and moral certitude is bleeding out one program at a time. School choice is no longer an abstract proposition; faces and lives are attached to the 24 private school-choice programs in 14 states and the District of Columbia. In the past four years, four education tax-credit programs have passed that serve at least low-income children. . .
School-choice opponents might have won the battle over vouchers in the District, but they are losing the larger war. They have inadvertently revealed what’s truly at stake; not funding issues or public school ideology, but our promise to all children of a fair shot at success in life.
Choice opponents are on the wrong side of right and the wrong side of history.
A Dialogue on School Choice
The South Carolina legislature is currently considering a tax credit bill intended to give parents an easier choice between public and private schools. It would do this by cutting taxes on parents who pay for their own children’s education, and by cutting taxes on anyone who donates to a non-profit Scholarship Granting Organization (SGO). The SGOs would subsidize tuition for low income families (who owe little in taxes and so couldn’t benefit substantially from the direct tax credit). Charleston minister Rev. Joseph Darby opposes such programs, and I support them. We’ve decided to have this dialogue to explain why. The next installment is here.
Rev. Joe Darby
Opening Comment, Con
My local newspaper, The Charleston Post and Courier, recently affirmed their continuing editorial suggestion that we “give School Tax Credits a Try.” I think that’s a very bad idea.
My wife is a public school teacher — and an excellent one at that. She spends much of her time either shaping young minds or preparing to do so, even supplementing meager supplies at her own expense and using creative means to reach and teach children described as “at risk.” Her school is almost 100% “free lunch,” but her students score well on state tests because she’s a good teacher. Most of her colleagues who labor under difficult circumstances are excellent teachers too. Rather than simply blaming an ominous “public education establishment,” we should note the truth — objective studies show that private education is not always a winner. A 2008 United States Department of Education study of the District of Columbia voucher program found that students in the program generally did no better on reading and math tests after two years than their public school peers.
A mass exodus to private schools will weaken public schools by leaving behind parents who have the least ability to advocate for or assist their children, and remove positive peer role models from struggling students. The major beneficiaries of private school choice in South Carolina will not be poor families, for the tuition tax credits and scholarships proposed will not cover the cost of many good private schools and will leave parents to take up the slack and to provide other things like uniforms, transportation and extracurricular activity fees. The major beneficiaries will be affluent parents who will simply have more disposable income when their share of their children’s tuition is decreased.
Before we give school tax credits a “try” we should first give equitably funded, staffed and equipped public schools a “try,” for many southern states have never done so. Excellence in public education for African-Americans was frowned upon after the Post Civil War period of reconstruction. In Paradoxes of Segregation by R. Scott Baker, Charleston, SC School Superintendent A.B. Rhett touted what was Burke Industrial School in 1939 as a place to “supply cooks, maids and delivery boys.”
His views matched those of the political powers that be when South Carolina’s schools were separate and unequal. The U.S. Supreme Court outlawed segregated schools in 1954, but South Carolina held out until the 1960’s. Our legislatively ordained strategies to maintain segregation included allowing parents to “choose” their children’s public schools and giving state “scholarships” to white parents who sent their children to private schools established to maintain segregation — the same essential strategies in the present quest for school tax credits. Many predominately African-American schools were woefully underfunded, and when whites fled the public schools for private schools, public schools sank into a state of chronic neglect. We can’t label public schools as “failures” when we’ve failed our schools. When we fully and equitably fund, equip and staff all public schools, we can then “try” tuition credits, for parents can then choose between quality public and private schools — although that might be bad for the private school business.
I serve as the pastor of a church in peninsular Charleston, where architectural preservation is serious business. Homes and businesses that have been long abandoned or neglected and are all but falling over aren’t torn down — they’re rebuilt and restored in spite of years of chronic neglect. If we can do that for neglected homes, then we should also acknowledge our past failings and do the same for our public schools instead of simply tearing them apart or abandoning them.
***
The Rev. Darby is senior pastor of the AME Morris Brown Church in Charleston, and First Vice President of the Charleston Branch of the NAACP.
Andrew Coulson
Opening Comment, Pro
On paper, the United States offers its citizens a solemn promise: work hard and you can succeed here — regardless of your race, sex, creed, or family wealth. But there’s a catch. To secure a good job you first need a good education. On paper, we’ve taken care of that, too. Over the past 150 years we’ve built up a monumental system of free state-run schools that aims to ensure every child access to a quality education.
In reality, it’s all lies.
If you’re in the top fifth of wage earners, there’s just a one-in-a-hundred chance that you are functionally illiterate. If you’re in the bottom fifth or have no income at all, the odds are that you cannot understand a newspaper or follow the directions on a pill bottle. Despite the relentless efforts of generations of reformers, America’s system of public schooling has failed in its most essential duty. We are not equipping all children to succeed in private life and participate in public life. America’s meritocratic promise is a lie.
What can we do about it?
There are those who still believe that the existing system can be fixed. Having compared different kinds of school systems from ancient Greece to the modern day, and from the poorest to the richest nations on Earth, I am convinced that that effort is futile. The problems with the status quo are endemic to its design.
Public schooling hasn’t failed so many children for so long because teachers weren’t smart enough, or paid well enough, or because classes were too large, or the federal government played too small a role. It has failed because it lacks the freedoms and incentives that drive progress in every other field. Public school teachers are hamstrung by regulations and are paid based on time served rather than classroom performance. Parents are not free to seek out the public or private educational setting best suited to their children, they are extorted into the state system because of its monopoly on $12,000 per pupil in government funding.
But should we prevent people from trying to fix it? Certainly not. If they think they can bring to public schooling the same incredible progress that other human endeavors have experienced over the past forty years, more power to them.
By the same token, no one who wants what’s best for kids should stand in the way of a program that would give parents educational alternatives today. Our children cannot wait to see if the current generation of public school reformers will somehow succeed where their predecessors failed.
I’m an engineer by training and a geek by nature. I advocate programs like the one under consideration in South Carolina because the evidence overwhelmingly supports them. Scientific studies comparing this kind of free enterprise education system to conventional public schooling favor the free enterprise approach by a margin of 15 to 1.
Others advocate school choice for more personal reasons. DC school voucher recipient Carlos Battle wrote a poem explaining his gratitude and commitment to school choice, and delivered it to the rally here last week in support of that program:
surrender me from the typical stereotype of a
black young man
one who slings rocks, smokes weed, and keeps a
gun at hand
i am a whole different guy
one who reads books and wears a tie
you see, I’m changing the perception of a young
black man
i’m climbing the ladder of success – try and stop
me, try as hard as you can….
Please don’t.
Please don’t stop Carlos or the children who would follow him up that ladder.
***
Andrew Coulson is director of the Cato Institute’s Center for Educational Freedom, and author of Market Education: The Unknown History.
The Jurisprudence of Detention: Definitions and Cases
Almost a year has passed since the Supreme Court’s decision to extend habeas rights to Guantanamo in Boumediene. Detention policy is currently under review by interagency task forces; it is worth looking at what the developing body of detention rulings say about the future of detention.
Taking prisoners is an unavoidable part of military action. Telling our troops that they can engage identified enemies with lethal force but cannot detain them puts them in an impossible position.
But who can we hold? The Taliban foot soldier is an easy case, but as we move away from the battlefield things get a little fuzzy. A chronological review of the decisions regarding detainee status gives some insight.
Filed under: Foreign Policy and National Security; Law and Civil Liberties
New Doherty Book Review
There is a new review of Brian Doherty’s book, Gun Control on Trial: Inside the Supreme Court Battle over the Second Amendment, over at The American Spectator.
The review captures the uphill battle that the Heller litigants faced in the District of Columbia:
When an employee on the Taxicab Commission once suggested that taxicab drivers be able to arm themselves for self- defense, a spokesman for then mayor Anthony Williams said, “The proposal is nutty, and obviously, it would not be entertained seriously by any thinking person.” After D.C. readjusted its laws in the wake of Heller so that guns were no longer prohibited but regulated to the point of making ownership exceedingly difficult, Mayor Adrian Fenty justified it thusly: “I don’t think [the people of D.C.] intended that anybody who had a vague notion of a threat should have access to a gun.” Apparently the mayor doesn’t know or doesn’t care that once a threat is real, it’s probably too late to go through all of the city’s regulatory hoops.
Cato held a book forum for the event, which is available here. Also check out Reason TV’s videos of Brian discussing this historic legal battle, both before and after the decision came down.
Vouchers and Violence
The front page of the tabloid Washington Examiner blares
Violence mars students’ days
Weapons, assaults common at area schools
Now I know that headlines have to be short to fit the space. But a more accurate headline would read
Weapons, assaults common at government-run schools
Fights, sexual assaults, and deadly weapons, described in the article as happening “almost once a day at some area high schools,” are almost nonexistent at private schools. Which is why it’s such a shame that the small number of District of Columbia students who have been granted a voucher to escape the D.C. public schools are going to lose that lifeline if the Democratic majority in Congress gets its way. I once proposed in the Washington Post:
The D.C. school board should declare an educational emergency and offer a voucher good in any private or public school in the District to every student who is assigned to a school that has had a shooting or stabbing or more than one weapon confiscation in the past year, whether on school property or on school buses.
I called it the “voucher trigger provision,” but the Post went with the more sober title “A Right to Safer Schools.”
But the policy shouldn’t be restricted to D.C. students. The Examiner article is in fact not about the D.C. schools; it’s about the suburban schools in Maryland and Virginia. Suburban kids would also benefit from more choice, including the choice to move from dangerous to safe schools.
Rally to Save DC Vouchers Tomorrow. Why?
Tomorrow afternoon at 1pm, supporters of Washington DC Opportunity Scholarships will be rallying in Freedom Plaza to save the school voucher program. Why? That’s easy: Because a federal Department of Education study shows that parents are overwhelmingly more satisfied with it than they are with DC’s public schools. Because the same study shows that the program is raising student achievement above the level in the public schools. Because the children participating in it feel it is giving them a chance to realize their full potential in life — a chance that will disappear if the program is allowed to die, as they have attested in numerous YouTube videos.
The harder question is why Congress — particularly congressional Democrats led by Sen. Richard Durbin (D., Ill.) — want to kill the vouchers. Their stated reason is that it robs money from needy public schools and gives it to private schools that are already flush from lavish tuition fees.
But the voucher program not only does not take money away from DC public schools, the language of the law actually includes an extra $13 million annually for DC public schools, above their normal funding stream. As for lavish vs. needy schools, it’s true that there’s a huge gap between what is spent per pupil on public education in DC and the average tuition charged at the voucher-accepting private schools: a yawning $20,000 gap. The current year budget for the District of Columbia allocates $26,555 per pupil for k-12 education — up from $24,600 last year. Meanwhile, the Department of Education study linked to above puts the average tuition at voucher schools at $6,620. So vouchers are getting better results at one quarter the cost.
Clearly, Democrats have other reasons for opposing the voucher program, and this letter from the NEA might have a little something to do with it.
Marion Barry, Defender of Marriage
Former District of Columbia mayor and current councilman Marion Barry
told church leaders and other opponents of gay marriage Tuesday that he opposed the city council’s decision to recognize same-sex marriages performed outside the District.
Calling himself “a politician who is moral,” Barry said he would have voted against the measure if he had been present at the April 6 session.
As a service to our beyond-the-Beltway readers, we should note that Barry is a career politician with 29 years on the public payroll (not counting six months in jail); four wives, one of whom went to jail for embezzling from the federally funded “jobs program” they co-founded; countless extramarital relationships, many of them consensual; a federal conviction for crack use while mayor; eight years of unpaid taxes; and a virtually unbroken trail of graft and scandal in his four terms as mayor.
You wonder what the politicians who are not moral are like.
Cleveland Park Embraces Free Markets
Cleveland Park, an upscale neighborhood here in the District of Columbia, might be the last place you would expect appeals to the principles of the free market. It is, after all, the home of what David Brooks once called ”Ward Three Morality,” an outlook that celebrates government control of the economy. But not always.
Recently an entrepreneur proposed opening a new wine store in Cleveland Park. He sought the support of the advisory neighborhood commission, a local government board, before making his case for a liquor license to DC’s Alcohol Beverage Control Board. The most serious opposition to the entrepreneur’s plans seems to have come from an existing wine store nearby. According to its attorney, the existing wine store was “a beloved extension of the community.” More candidly he noted the new store would offer competition to the existing business. At this point, you might think: the Cleveland Park commission blocked opening of the new business while congratulating themselves on protecting the town from a ruthless “capitalist logic.”
Well, not quite. Peter Fonseca, the lawyer for the entrepreneur, reportedly “urged the commissioners to consider free-market principles when making their decision. ‘This is America.’” And they did: “Commissioner Richard Rothblum agreed, saying commissioners should not get in the way of free enterprise. ‘I don’t think we have any place telling people what their business plan should be.’” The commission then voted 8-0 to support the entrepreneur’s effort at the Alcohol Control Board. The appeal to “free market principles” seems to have carried the day in Cleveland Park!
Perhaps this is only the beginning. If the free market is desirable for fine wines, why not the auto industry and the banks?
Juan Williams Blasts Obama, Duncan on Vouchers
Yesterday on Fox News’ Special Report, Juan Williams had this to say about Obama’s silence and Duncan’s hostility to the DC voucher program, recently put on the chopping block by Democrats in Congress:
This is an outrage to me. … This is so important that you give young people a chance to have an education in America and especially in a failing public school system like you have in the District of Columbia. This voucher system is a direct threat to the unions. And so I think everybody on Capitol Hill, that’s getting money from the NEA or AFT, they should be called on the table. They should ask them, ‘where do you send your kids to school? And are you willing to say these kids getting the vouchers…and doing better than the rest of the kids, that these kids aren’t deserving of an opportunity to succeed in America?’ You just want to scream. Why Duncan and Obama aren’t in the forefront of education reform is an outrage and an insult to the very base that voted for them.
But we don’t have to ask President Obama where he sends his kids to school, do we? We already know he sends them to the prestigious private Sidwell Friends school also attended by several of the poor DC voucher students. But those voucher students will only remain classmates of Sasha and Malia for another year or so. After that, they’re out… because Barack Obama lacks the courage, the wisdom, or both to get his own party behind this program — a program that his own education department has shown is a success. Better results at a quarter the cost, and the reaction of our unified Democratic government ranges from outright opposition to malign neglect.
Future generations will look back on these politicians and bureaucrats as the Oral Faubuses of the 21st century. Like Faubus, they will ultimately fail.
Like Faubus, their names will live in infamy.
D.C. Vouchers: Better Results at a QUARTER the Cost
The latest federal study of the D.C. voucher program finds that voucher students have pulled significantly ahead of their public school peers in reading and perform at least as well as public school students in math. It also reports that the average tuition at the voucher schools is $6,620. That is ONE QUARTER what the District of Columbia spends per pupil on education ($26,555), according to the District’s own fiscal year 2009 budget.
Better results at a quarter the cost. And Democrats in Congress have sunset its funding and are trying to kill it. Shame on them.
If President Obama believes his own rhetoric on the need for greater efficiency in government education spending and for improved educational opportunities, he should work with the members of his own party to continue and grow this program.
Women’s Suffrage Abandoned. “Too Unpopular,” says Anthony.
Reversing his earlier support for private school choice in the District of Columbia, Washington Post columnist Jay Mathews now calls for the end of the DC Opportunity Scholarship program. Why? “Vouchers help [low income] kids, but not enough of them. The vouchers are too at odds with the general public view of education. They don’t have much of a future.”
So private school choice programs work, but because they are not growing quite fast enough for Mr. Mathews’ taste we should abandon the entire enterprise? Why keep striving for total victory when can seize defeat today!
The thing is, major social changes are usually, what’s the word… oh yes: hard. Susan B. Anthony co-founded the National Women’s Suffrage Association in 1869. She died in 1906 – 14 years, 5 months and five days before passage of the 19th Amendment. If a social reform is right and just, it will inspire reformers who will fight for it every bit as long as it takes.
And even those who decide what social reforms to support based on their popularity should take note that school choice programs are proliferating all over the country. And newer tax credit programs, such as Florida’s, Pennsylvania’s, and Arizona’s, are all growing at a faster rate than older voucher programs like the one in Milwaukee. More than that, the politics of school choice have already begun to change at the state level. While Democrats in Congress had no qualms slipping a shiv into the futures of 1,700 poor kids, more and more of their fellow party members at the state level are deciding to back educational freedom.
NEA to Dems: HEY! We Paid Good Money for You!!!
Here’s an interesting letter penned by Dennis Van Roekel, president of the National Education Association — the largest union in the country (hat tip to Cato’s own Neal McCluskey). It reads, in part (boldface added, ALL CAPS “shouting” in the original):
Letter to the Democrats in the House and Senate on DC Vouchers
March 05, 2009
Dear Senator:The National Education Association strongly opposes any extension of the District of Columbia private school voucher (”DC Opportunity Scholarship”) program. We expect that Members of Congress who support public education, and whom we have supported, will stand firm against any proposal to extend the pilot program. Actions associated with these issues WILL be included in the NEA Legislative Report Card for the 111th Congress.
Vouchers are not real education reform. Pulling 1,200 children out of a system that serves 65,000 doesn’t solve problems – it ignores them. Real reform will put a qualified teacher in every classroom, keep their skills up to date with continuing education, and raise pay to attract and retain the best teachers. Rather than offering a chance for a few, we should be ensuring that every child has access to a great public school.
Opposition to vouchers is a top priority for NEA. Throughout its history, NEA has strongly opposed any diversion of limited public funds to private schools….
According to his bio, president Van Roekel used to teach high school math, so I assume he is an able number cruncher. But as someone who used to be a computer software engineer, I think an old comp. sci. adage is apropos: “Garbage-in, Garbage-out.” It doesn’t matter how good your number crunching is if the numbers you crunch are nonsense.
As I have previously pointed out, enrollment in DC this year is nearly 20,000 students lower than Van Roekel imagines. The “limited public funds” he seems to think are allocated to k-12 education in DC amount to $26,555 per pupil. The DC voucher program’s enabling legislation actually increases funding to DC public schools by $13 million per year, and the average tuition charged by voucher-accepting private schools was $5,928 last year.
So the DC voucher program is 4 times more efficient than DCPS, and gets far more positive reviews from parents in the bargain, according to the Dept. of Education’s own study of the program. If it were expanded to serve every student in the district, it would save on the order of half a billion dollars, even allowing for a higher average tuition.
Now let’s see… what other reasons might president Van Roekel have for wanting to kick 1,700 poor kids in DC out of schools they love?
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