Lesson 1:Teaching Education at Hillsdale College
We used to know our history:
The four organic laws that appear in the front of the U.S. Code, or United States Code:
-these four documents were first compiled and published as the “Organic Laws of the United States” in 1878
-these four documents served as a type of preamble to the revised U.S. Code
-they are included in the first volume of the code
1st Document: Declaration of Independence
(a good government that protects our right-safety and happiness)
-Established principles: Declared the self-evident truths of natural rights, including “Life, Liberty, and Pursuit of Happiness”
-Justified Independence: Set out the reasons and principles for the thirteen American colonies to separate from Great Britain
2nd Document: Articles of the Confederation
-First Government: Established the first government of the new nation and served as its constitution from 1781 to 1789
-Weak central government: Created a “perpetual union” but with a weak central government and strong, sovereign states
3rd Document: Northwest Ordinance
Governed territories: provided for the governance of the Northwest Territory, an area in the upper Midwest
Established precedent: set a precedent for how the U.S. would expand westward, admitting new states as equals to the existing ones
Banned Slavery: notably, the ordinance banned slavery from the territory, setting a significant precedent
“Religion, morality and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.”
-this landmark U.S. law established governing principles for the territories and laid a foundation for public education, emphasizing citizenry and the success of self-government
-Article 3: declared that education was crucial for the well-being of society, stating that religion, morality, and knowledge were essential for good government and human happiness
Constitutional Convention of 1787 held in Philadelphia:
Key Achievements:
-established bicameral legislature through Compromise (offering equal representation and a House of Representatives representation based on population and Senate for equal representation for all the states)
-created an independent executive and branch
-the Three-Fifths Compromise regarding enslaved balance power between large and small state (counted the enslaved population for the purposes of representation and taxation)
Purpose:
-goal was to revise the Confederation, but delegates shifted to drafting a completely new government
-produced the United States Constitution establishing a framework for a stronger federal government with a separation of powers
-Executive branch: ultimately agreeing to a single executive, the president
-Legislative Representation: Senate=equal representation for all state, House of Representation=representation based on population
-provide guidance on how the government would grow
-moved government owned land into people owned land-townships
-paid off the cost of the Revolutionary war
Key Figures:
George Washington: elected to preside over the convention
James Madison: leading delegate who played a key role in drafting the Constitution
Benjamin Franklin: offered wisdom and humility-in the heat of debate-essential to rallying cohesion among the men so the document was signed
Influenced:
The Homestead Act of 1862:
was a U.S. law signed by President Lincoln allowing settlers to claim public land (last claim granted in Alaska in 1988)
-in financial terms we can't compare to what the founders gave
Education:
-endowment to states-states controlled the education
-federal govt will not administer it or control it
-in 1785, the U.S. government set aside public lands to support education in the states
-by 1917, 145 million acres had been set aside for public schools
-One-eighth of this total area would be 18.1 million acres
-Separate Morrill Acts in 1862 and 1890 gave land grants to states to establish colleges
-the first institution established under the Morrill Act was Kansas State University in 1863
Government takeover of Education:
***key development included the Elementary and Secondary Education Act (ESEA) in 1965
-that attached federal funding to schools and students
-established the Department of Education in 1980 as a cabinet-level agency responsible for implementing federal education policy
50’s-60’s
-1957-Sputnik launch led to increased federal funding for science education through the National Defense Education Act (NDEA)
-1960s “War on Poverty” President Lyndon Johnson initiative to expand federal funding and created programs to improve education for disadvantaged students at all levels
-1965-ESEA landmark act provided significant federal aid to states serving low-income students
-1965-Higher Education Act provided assistance for post secondary education and financial aid for college students
1970”s
-1979-Department of Education Organization Act: Congress passed this act to create a cabinet-level Department of Education
-1980-Department of Education Operations: consolidating federal education programs and civil rights enforcement under one agency
Education Today:
-we have national standards
-national criteria testing
-we have federally standardized every classroom
-today
-education has to be the same
-steps farther away from the child who is learning
-States can't do it so a big federally funded government took over
-should be that education is mainly an effort made by the child
-do not do the work for them
-you succeed in making them bored
-should be good to struggle and grapple with things
-not our job to make their conclusions
-should be you pose the question, the student grapples with the answer
-we should let them draw conclusions and turn to peers for discussion
-we should guide not dictate thought
-students should be the agents unto themselves
-you have to know them to be helpful
-driven by the people doing the work
-fallacy that national standards/the right tests we can compete with China
-before all the national standards/tests the US was in the forefront in education
-education is a big public policy issue because it commands a lot of money and done bureaucratically
-basics: what you need to learn and the importance of how you learn it
4th Document: the Constitution of the United States
Current Government framework: replaced the articles of the Confederation and established the current framework for the U.S. federal government
-the highest law in the U.S., and no law will contradict its principles
-address the nation’s economy, collection of taxes, and enforcement of laws
-signed September 17, 1787
-ratified and implemented officially in 1789
-outlined the federal government with three branches: legislative, executive, and judicial
-a system of checks and balances to prevent any one branch from becoming too powerful
-a system of checks and balances of authority between the federal and state governments (federalism)
-guaranteeing the rights and liberties for citizens
-the Constitution serves as the foundation for governance and values
Bill of Rights:
-guarantee fundamental rights and liberties of American citizens, protecting from overreach
-first 10 amendments was ratified in 1791 guaranteeing fundamental individual freedoms and limiting government power
-subsequent amendments: 17 more added to the Constitution to address various issues
Ex. 12th amendment changes the presidential election procedures
Ex. 17th amendment is the direct election of senators
****The originalist holds that the Constitution should be interpreted based on its original meaning at the time it was adopted.
-the Constitution is a legal document with a fixed meaning
-not malleable text for judges to reinterpret based on personal or societal preferences
-interpreting the Constitution based on its original meaning ensures stability and predictability in the law
-the original context prevented unelected judges from legislating from the bench by imposing their own policy preferences as they must adhere to the amendment process
-preserved and upholding the original meaning respect the compact made by our Founders and the principles they established
Today:
-the Constitution is in constant attack as the courts keep interpreting its content with the Supreme Court as a significant role in shaping it application over time
-we have lost the original intent of the Constitution
-living constitutionalism sees the Constitution as flexible and adaptable to changing societal values and circumstances
**proponents believe the text should be interpreted in the context of a modern society to remain relevant
-Evolution of society: the country has changed dramatically since the 18th century, and the Constitution must evolve to address issues the Founders never envisioned, such as the internet or modern civil rights
-Protection of rights: a living document interpretation has been used to advance and protect rights not explicitly mentioned in the text, such as the right to privacy
-Flexibility: since the formal amendment process is difficult, a flexible interpretation allows the Constitution to respond to contemporary needs
-living constitutionalism: wants to add their interpretation on constitutional rights on gun rights, abortion, gender ideologies, crime, public safety, discrimination, education, women, healthcare, immigration, citizenship, and the list continues to grow
***originalism and living constitutionalism is an ongoing debate today, which will you defend?