Archive → January 8th, 2012
Keep Platts Out of Your School (Platts Report Week 17)
This is the seventeenth of many weekly analysis pieces detailing what Congressman Platts has voted on, or bills that he has sponsored/co-sponsored. I will briefly describe his action, the bill, and then detail how I would handle the same. Since it is not my full time job to read the entire bill (yet – with your help), I will read the summaries and base my decisions on those. I will also try and describe how libertarian principles apply in my decisions. During weeks that Congressman Platts is not in session or co-sponsoring bills, I will re-visit some of his older votes on legislation that has a had detrimental effect on our liberties.
The House of Representatives is not back in session until January 17th, and the Senate not until January 23rd. A nice break for the people. We cannot lose any more of our liberties while they are away! One of my inspirations into becoming more informed and active in politics died a few days before Christmas. Ron Smith of WBAL in Baltimore was a true independent and was the most well informed, well read, principled radio talk show host that I have ever heard. Rest in peace “The Voice of Reason.” He always felt that the best we could hope for in the U.S. Congress was gridlock. One party being the “stupid party,” and the other, the “evil party.” Bipartisanship was considered both stupid and evil. A cynical view certainly, but until things change, and we vote for someone outside the two party dichotomy, perhaps gridlock is the best we can hope for.
Since the House is not in session, I will review a bill that Congressman Platts is currently listed as a co-sponsor. H.R. 998, the “Student Non-discrimination Act of 2011.” Congressman Platts is one of two Republicans sponsoring this bill with 148 Democrat members. Currently the bill is still before the Subcommittee on Early Childhood, Elementary, and Secondary Education. Here is the summary from The Library of Congress:
“Prohibits public school students from being excluded from participating in, or subject to discrimination under, any federally-assisted educational program on the basis of their actual or perceived sexual orientation or gender identity or that of their associates.
Considers harassment to be a form of discrimination.
Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act.
Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them.
Allows an aggrieved individual to assert a violation of this Act in a judicial proceeding and recover reasonable attorney’s fees should they prevail.
Deems a state’s receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.”
Discriminating against anyone for their beliefs, religion, race, sexual orientation is of course morally wrong. When Congress creates distinct “protected” groups with extremely vague legislation like this, it is destroying the integrity of the legal system and the base belief that all everyone is created equal. Legislation like this is government protected discrimination in and of itself! The key to this legislation however is that it is for pubic schools. Since the federal Department of Education exists, and all public schools are dependent on government funding, Congress feels that it has the right to write these types of laws. My belief is that we should eliminate the Department of Education all together, but let’s take a look at a few pieces of this legislation, and show why that should be done.
“Prohibits retaliation against anyone for opposing conduct they reasonably believe to be unlawful under this Act.” A school administrator can therefore decide their own set of rules on what is discrimination in their school. For example, think of having a child in second grade in a school under this law. Playground nonsense occurs, and your child says to another child, “You’re gay!” The vast majority of kids in second grade have no idea what that means, yet your child is expelled according to an overzealous school administrator that takes this legislation to heart. Months of hearings go by before a school board. Perhaps your child is then found to be “not guilty” and is readmitted. What if that process took a year and you attempted to sue the school administrator? Sorry – this legislation “prohibits retaliation.” Perhaps the school board will seek to terminate this administrator after several nonsensical expulsions/suspensions? Sorry – “prohibits retaliation.”
“Authorizes federal departments and agencies to enforce these prohibitions by cutting off the educational assistance of recipients found to be violating them.” This is the catch all piece in a vast amount of legislation that allows the federal government to bully states and municipalities into doing its bidding. Be it discrimination laws in public schools like this, or speed limits on highways, or disgusting pictures on cigarette packaging, if the federal government can coerce by threatening to withhold money, then it is “legal” blackmail.
“Deems a state’s receipt of federal educational assistance for a program to constitute a waiver of sovereign immunity for conduct prohibited under this Act regarding such program.” I did not realize that the federal government could make the states waive the 10th Amendment at will? We know that it pays no mind to the Amendment at all, however this legislation spells it out in black and white. Again, the government is advising that if you take its education money, you waive your rights to oppose what it wishes to legislate. That is tyranny, not a constitutional republic.
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For Liberty,
Mike Koffenberger
Libertarian Candidate for the U.S. House of Representatives
