3 weeks ago

To educate our children

Children often bear the worst of our challenges, and our disagreements.

When Alabama public schools shut down in response to the coronavirus pandemic, we saw (again) that the promise of education is not equally available to all young people. Many government-run school administrators were unable to deliver education to the children within their districts.

At the same time, elite legal scholars propose that states should have more control over education. Harvard law professor Elizabeth Bartholet recently received attention for proposing that states ban home schooling. She is just one of many elites who believe that parents cannot be trusted to give their children what they need, and that central governments must bear primary responsibility to decide which assertions of truth children are allowed to learn.

Many of those elites argue that government must control education because each child has a right to be educated. And indeed, every child has such a right. But the meaning of that idea is sometimes unclear.

The right to an education emphatically does not mean that children belong to the state, or that the state has a right to direct the education of children. As the U.S. Supreme Court declared in Pierce v. Society of Sisters (1925), those rights belong to parents. To see why, it is helpful to understand how rights work.

The point of a right is to direct us how to act toward other persons. A right does this work by imposing on us some duty. That you have a right not to be murdered or maimed means that I have a duty not to murder or maim you. That my children have a right to be fed and clothed means that I have a duty to feed and clothe them.

As those examples show, rights generate two different kinds of duties. Some rights impose duties to refrain from acting in certain ways — for example, duties not to kill and maim. These duties of abstention correlate with liberties, which are sometimes called “negative rights.” These fundamental liberties are impersonal and universal. I have the same duties not to kill or maim all persons, and all persons, including powerful people and government officials, have a duty not to kill or maim me.

Other rights impose duties to act in certain ways toward particular persons — duties to feed my children, to show up for work, to teach my students truths about the law. These duties are necessarily personal and particular. Because they require some action, they are not the same for everyone. To my children, it matters that I feed and clothe them, and not someone else.

The right to be educated is of the second kind. It imposes a duty of action and is therefore personal and particular. The right of my children to receive an education is a right to receive a particular education from me or from some teacher whom I trust to whom I delegate responsibility. And the right is also personal and particular. I must pay attention to the different abilities and interests of my different children and give each the education that will best enable her to succeed in life.

For this reason, there is no uniform right to be educated. The duty to educate a child, and the right to decide how best to educate the child, belong to the person who is most intimately responsible for the child: parents.

The particularity of the right requires some qualification. Sadly, many children today are abandoned by a parent (often their father). Others are raised by well-meaning parents who lack the financial resources or educational attainment necessary to give the child opportunities he needs in a fast-changing, information economy. Others live in poor communities, where such opportunities do not exist.

So, there is a role for states to help remove barriers to education. Racial segregation is one such barrier, and states have a duty to tear segregation down.

Beyond that, we the people have a general, open-ended obligation to the children of less fortunate parents to provide them at least the minimal knowledge necessary to earn a living and be good citizens. But this does not mean that a state should force children into a system of government-run schools. Private school vouchers, charter schools, education cooperatives, apprenticeships and other means of delivering education might do the job better for different kids.

It is not surprising that 80% of respondents to a recent Cygnal poll agree that Alabama should “Expand school choice, so that families with children in failing schools should have the option to move to a better school of their choice.” Parents want the best possible education for each of their children, and they want bureaucrats to get out of the way.

The state can reasonably subsidize infrastructure for Internet access and provide other means for children to learn. Above all, the state must not cause harm to the family, especially the parent-child relationship, in its laws and official actions. If the right to be educated means anything, it means that the state must do nothing to deprive children of access to their parents and should, within the law, encourage and assist parents to give children the knowledge they need.

Adam J. MacLeod is Professorial Fellow of the Alabama Policy Institute and Professor of Law at Faulkner University, Jones School of Law. He is a prolific writer and his latest book, The Age of Selfies: Reasoning About Rights When the Stakes Are Personal, is available on Amazon.

1 hour ago

7 Things: College students with coronavirus will be isolated, PPP saved 672,861 jobs, State Rep. Dismukes has another bad day and more …

7. Fauci is already looking at coronavirus next year

  • Dr. Anthony Fauci has predicted that the coronavirus is going to be something that we live with for a while since it’s unlikely that we’ll be able to completely get rid of it due to how “highly transmissible” it is.
  • Fauci said that we need a “combination of a good vaccine and attention to public health measures,” and he doesn’t mean more shutdowns, but we could be wearing masks and social distancing for quite some time. Fauci added that “by the time we get through 2021 and go around for another cycle that we’ll have this under control.”

6. No plans to clean the Madison County monument

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  • Madison County Commission Chair Dale Strong has addressed the issue of the vandalized Confederate monument outside the Madison County courthouse in downtown Huntsville, saying, “It will be left as is for now.”
  • Strong clarified that there are no plans to clean the monument currently, adding, “[It] would not be right to ask county employees to do it.”

5. Democrats don’t want a deal

  • As negotiations continue between Republicans and Democrats over another coronavirus relief bill, U.S. Senator Richard Shelby (R-AL) has said, “Democrats might not want a deal, politically.”
  • There’s further evidence that House Speaker Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY) have minimal intention of reaching a deal. White House chief of staff Mark Meadows has said that four offers have been made that include $600 per week unemployment benefits, but Pelosi and Schumer have rejected each offer and given no counteroffers.

4. Majority favor mask order

  • A new poll released by Hill-HarrisX shows that among registered voters, 82% would support a national mask mandate, with 61% strongly supporting and 21% somewhat supporting.
  • The age groups of 18-34 and 50-64 showed 81% support a mandate, and those in the 35-49 and 65 and over age range show 83% support a mandate, but even 66% of Republicans, 93% of Democrats and 85% of independents support a mandate.

3. Arrest warrant issued for Will Dismukes

  • State Representative Will Dismukes (R-Prattville) was ordered to report to authorities by 4:00 p.m. on Thursday per an arrest warrant issued for first-degree theft of property, which is a Class B felony. It is alleged that Dismukes stole well over $2,500 from his former employer Weiss Flooring.
  • The issue has been investigated since May 20, and the business owners were the ones who brought the allegation forward. The illegal activity is said to have happened “from 2016 to 2018,” according to Montgomery County District Attorney Daryl Bailey. Governor Kay Ivey commented on the arrest, saying, “If true, it is disappointing when a public official, elected with the confidence of the people, abuses that trust.”

2. Paycheck Protection Program saved a lot of jobs

  • It’s estimated that the Paycheck Protection Program managed to save 672,861 jobs throughout Alabama, according to a new analysis released by Business.org. Nationally, there were more than 50.9 million jobs saved.
  • There have been more than 700,000 Alabamians file for unemployment since the coronavirus pandemic started, but last week has been the lowest for unemployment claims since March with 11,692.

1. Beds being prepared to isolate college students

  • College students are returning to campuses across the state, and everyone has to be tested before classes resume. The University of Alabama board of trustees has decided to spend $1.2 million to rent out 252 apartment beds so that they will have beds free on campus in the event that students test positive and need to be isolated.
  • Their plan will free up 450 beds on campus for isolation. Keeping coronavirus positive students on campus will make meal delivery and medical attention easier, according to vice president of the division of finance and operations Matthew M. Fajack. Currently, there are 8,281 students assigned to live on campus for the fall semester.

17 hours ago

Nick Saban named to board of National Coalition of Minority Football Coaches created by former Tide assistant

Former University of Alabama offensive coordinator Mike Locksley on Thursday announced the creation of the National Coalition of Minority Football Coaches.

Locksley served as an offensive assistant for the Crimson Tide in 2016, followed by a year as co-offensive coordinator and wide receivers coach the next season before becoming the full-time offensive coordinator in 2018. He is now the head coach at the University of Maryland.

Speaking to NFL.com, Locksley cited a lack of black head coaches in the National Football League as well as among the college Football Bowl Subdivision.

“I wanted to create an organization that would be able to help prepare, promote and produce the next group of coaches coming up through the ranks at every level,” he told the outlet.

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Locksley is not the only Bama connection to the new nonprofit group, which will reportedly “seek to not only identify and groom coaches of color (male and female) for upward mobility, but also create a candidates list that will be vetted by a board of directors that includes some of the most respected and powerful names in sport.”

Included on that venerable board of directors is Tide head coach Nick Saban, as well as Ozzie Newsome.

Newsome was named to the College Football Hall of Fame after a four-year playing career at the University of Alabama. He also enjoyed a successful playing career in the NFL and is a two-time Super Bowl winning executive with the Baltimore Ravens.

Speaking about the board of directors featuring the likes of Saban and Newsome, Locksley explained, “These are all people that have either hired head coaches or coordinators or filled upper-level positions throughout their careers. They all have been at the top of the mountain, per se, in their respective areas, whether winning Super Bowls or national championships or being pioneers…”

“We want to use their experiences to help us formulate and produce the list of qualified candidates, so when people say there aren’t enough minorities to fill the positions that have come open over the years, we’re going to produce a list of qualified people that shows there are qualified people. What’s needed is opportunities,” he added.

RELATED: Alabama ranked No. 3, Auburn No. 11 in preseason coaches poll

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

17 hours ago

UAH receives grant to research how drones can aid disaster response

The University of Alabama in Huntsville (UAH) announced Thursday that it has received $1.1 million in grant funding to study how unmanned aircraft can aid the response to both manmade and natural disasters.

The money comes from the Federal Aviation Administration (FAA), who granted a total of $3.3 million to the 24 universities in that comprise an Alliance for System Safety that focuses on unmanned aircraft systems (UAS).

“These grants will help develop a greater array of innovative strategies to more effectively deploy drones during emergency response situations,” said U.S. Transportation Secretary Elaine L. Chao.

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UAH says it aims “to provide insight into the safe integration of UAS into the disaster preparedness and response areas,” with the funding provided this week by the federal government.

A release from the university points to a FAA study that shows there are currently 1.65 million recreational and commercial drones in the United States.

Huntsville’s biggest university says that the FAA program from which the grant is derived enables the agency “to conduct research in airspace and airport planning and design, environment and aviation safety.”

“These important grants fund the research which allows us to learn and implement the safety measures associated with UAS operations in the airspace,” FAA Administrator Steve Dickson said in a statement.

Henry Thornton is a staff writer for Yellowhammer News. You can contact him by email: henry@yellowhammernews.com or on Twitter @HenryThornton95

18 hours ago

Warrant issued for State Rep. Will Dismukes

MONTGOMERY — A felony arrest warrant has been issued for State Rep. Will Dismukes (R-Prattville), Montgomery County District Attorney Daryl Bailey announced in a Thursday press conference.

The warrant is for first-degree theft of property, a Class B felony. The freshman state legislator allegedly stole more than $2,500 from a former employer, Weiss Flooring in Alabama’s capital city.

Bailey said Dismukes has not yet been arrested and has until Thursday at 4:00 p.m. CT to turn himself in.

The district attorney reminded the public that a warrant represents “a mere allegation” and that Dismukes remains presumed innocent “until and unless proven guilty in a court of law.”

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Bailey advised “the alleged amount is a lot more than” $2,500 stolen. He added that he was limited on providing specifics on the case and the allegations at this time.

The DA advised that the business owners brought the allegation to authorities. The time period of the alleged offense was “from 2016 to 2018,” per Bailey.

Dismukes reportedly told WSFA that he is innocent.

The state representative from Autauga County has come under fire recently for his participation in a celebration of Nathan Bedford Forrest.

According to the Montgomery Advertiser, Weiss Flooring made the complaint on May 20, which would have been before Dismukes initially made headlines for Confederate-related issues. Authorities have since that date been investigating, leading to a warrant being signed on Thursday.

While Dismukes has rejected bipartisan calls for him to resign over his recent controversies, a felony conviction would automatically remove him from office.

UPDATE 3:00 p.m.

In a statement, Governor Kay Ivey (R-AL) reacted to the news.

“If true, it is disappointing when a public official, elected with the confidence of the people, abuses that trust. I support the letter of the law, and no one is above it – especially those in public office,” the governor stated.

UPDATE 4:00 p.m.

Alabama Republican Party Chairman Terry Lathan released a statement on Dismukes.

“We expect our elected officials, regardless of Party, to follow the laws of our state and nation,” she commented. “No one is immune to these standards. It is very disappointing to hear of these allegations. This is now a legal matter and it must run its course.”

This is breaking news and will be updated.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn

19 hours ago

Shelby cautions on COVID-19 relief: ‘The Democrats might not want a deal, politically’

As the White House continues to lead negotiations with congressional Democrats over the latest COVID-19 relief package, U.S. Senator Richard Shelby (R-AL) is sounding the alarm over election year politics possibly being put ahead of the welfare of the American people.

White House chief of staff Mark Meadows has been at the forefront of negotiations on the Republican side of the aisle. He has said that Democrats, led by the likes of House Speaker Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY), have rejected four different offers to extend the $600 per week federal unemployment supplemental that expired this past Friday.

“Those four different offers have been actually rejected — but more importantly than that, they’ve not even been countered,” Meadows said last week.

Democrats have said they want a broader deal that lasts through the first quarter of 2021, however Republicans have admonished items seemingly unrelated to the pandemic that their counterparts on the left have tried to force through in negotiations. This includes Pelosi’s defense of funding for marijuana businesses in the latest Democratic relief proposal.

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The Democrats’ proposal also “omitted language restricting abortion funding [with federal monies] and added protections against deportation of illegal immigrants,” as reported by the New York Post.

Senate Majority Leader Mitch McConnell (R-KY) has said the Pelosi-led proposal “reads like the speaker of the House pasted together random ideas from her most liberal members and slapped the word ‘coronavirus’ on top of it.”

Despite this Democrat proposal being dead on arrival in the Senate, U.S. Senator Doug Jones (D-AL) has for weeks been calling on McConnell to take up the legislation. However, even though the Pelosi bill got just one Republican vote in the House, Jones has blamed Republicans for making “this into a partisan issue.” Alabama’s junior senator, while decrying the partisan nature of the negotiations, has also campaigned on the issue, seemingly adding to the politicization of coronavirus relief efforts.

“This election, more than any other I can remember, shows us the stark choice we can make as a country. We can stand together, listen to the experts about how to beat COVID-19, work together to make real change and end racial injustice and protect our health care – or we can let the extremists drive us apart and block any hope for real change,” Jones wrote in a July 31 campaign email.

However, Alabama’s senior senator — considered one of the most bipartisan elected officials in Washington, D.C., and a true statesman — on Thursday seemed to rebut Jones’ claims that it was Republicans playing politics with COVID-19 relief.

While some on Capitol Hill have expressed relative optimism at reaching a deal in the coming days, Senator Shelby explained why a final compromise might never come to fruition, no matter how much Republicans give ground.

Per Politico, the Senate Appropriations chairman told reporters in the Capitol, “We might not get a deal. … I think there’s a lot of pessimism here — ‘will we get an agreement? Are we too far apart?'”

“We’re at an impasse right now,” Shelby advised. “I would hope over the next few days we can get together and do something that will help a lot of working people in America. Republicans and Democrats, get together. At the moment, it doesn’t look promising.”

Per Hill pool reports, Shelby further explained, “The Democrats might not want a deal, politically. Think about it.”

McConnell, an Alabama native himself, in a Thursday afternoon tweet seemed to back Shelby’s idea.

Both Republicans and Democrats have publicly voiced their support of another round of stimulus checks for Americans, likely up to $1,200 each to match the first round of checks that went out earlier this year. It remains to be seen if agreement can be reached on the many other items on the table.

If a deal cannot be reached soon, President Donald Trump has now said that he will take executive action to provide relief to the American people. Issues Trump is considering acting on himself include “Payroll Tax Cut, Eviction Protections, Unemployment Extensions, and Student Loan Repayment Options,” per a Thursday tweet by the president.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn