Utah ... Standing for the States
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Read the latest saga in the Utah rebellion against NCLB in this Salt Lake Tribune story from a couple of days ago.
What is best about the Utah stance are their claims of state authority
over education. Of course they do not like the punitive provisions, but
the core argument the states should be making against this law is the
unconstitutional nature of the expansion of the federal role in
education. Even under the Rhenquist court the Tenth Amendment began to
mean something again, and under the Roberts court the Tenth Amendment
may well not only limit the Commerce power of the federal government,
but the Spending power as well. At some point, the court will recognize
that no longer can the federal government's role be classified as
holding the purse strings, it must be classified as holding the puppet
strings over the states in how they run education.
And all of this from one of the most conservative states in the Union. You just never can tell.
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