Over the course of the last twenty years the two governing parties in Washington DC have morphed into a gelatinous political goo. This goo has subsequently congealed into a dough so homogenous as to render the once proud and distinctive parties all but indistinguishable from one another. Both are so addicted to the drug of incumbency, and both are so devoted to the god of big government that it is difficult to discern any measurable differences. I am convinced the only cure for this is term limits, but that is the subject of another column.
But one of those few remaining criteria is the matter of judicial appointments, and with millions of kids in America returning to school amidst the heat of a Presidential race, we see a case that reveals the importance of this issue.
In April I wrote about a ruling of the California Supreme Court in which the Justices opined that "parents do not have a Constitutional right to home school their children" (see link at bottom). First I need to correct an error in that article, as it was a California District Court of Appeals that made that ruling - NOT the State Supreme Court. I had read an article which reported it as a Supreme Court decision, and I wanted to acknowledge and apologize for the subsequent error in my posting.
In that initial ruling the Appellate Court decided that parents or guardians would be allowed to home school only if they first received a certification from the State, thereby making their choice and conscience hostage to the approval of the California's edcuational beaurocracy. Parents across America choose the option of home schooling for a variety of reasons ranging from academic performance, to spiritual beliefs, to protecting the physical safety of their kids. The notion of these parents being able to exercise their rights only after being properly "certified" is as invasive as it is alarming. Thankfully the same Court reversed its decision, and two weeks ago ruled that home-schooling parents will NOT need to be certified by the State. The Court even went so far as to say that "such matters are best decided by the legislature...."
A high Court exercising judicial restraint and recognizing the proper distinctions between itself and elected legislatures is a rare and welcome event.
This particular issue will come back. But for now the causes of educational freedom and individual liberty won a significant victory in California.
It is a victory that has national implications.
http://blogs.brookfieldnow.com/brookfieldbasics/archive/2008/04/03/bone-of-their-bone-and-flesh-of-their-flesh.aspx
