IPFS News Link • Education: Private Secular Schools and Home School
No Constitutional Right To Homeschool, Supreme Court Justice Says
• Popular LibertyScalia also believes there is no right to school choice within the Constitution.
The conservative justice often is a favorite among those on the right and even among those within the homeschool community, but on these two issues, he strongly differs.
"The notion that everything you care a lot about has to be in the Constitution is a very dangerous notion," Scalia said during an appearance at Georgetown University. "Because it begins with stuff we all agree upon, 'Oh, sure, we ought to be able to educate our children the way we want.' That was one of the early substantive due process [cases] — don't get me going on substantive due process."
Parental choice in education is among the important rights not guaranteed in the Constitution, Scalia told the law students at Georgetown University in mid-November, Education Week reported.
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2 Comments in Response to No Constitutional Right To Homeschool, Supreme Court Justice Says
Do you have Constitutional rights? No! The Constitution doesn't give anyone rights. It simply outlines the duties and privileges of Government people. The Bill of Rights lists some areas in which it is the duty of Government people to keep their hands off of the rights of other people.
What is Government for? The only real thing Government is for is to protect the rights of people. The basic right is the right of private property.
Who has an interest in your children? Didn't the two of you get together and make the children? How did Government come to have part ownership? Through the marriage license! Revoke and rescind your signatures off the marriage license.
Start calling your children, your property. That's right. They are your property because the two of you got together and made them. Nobody else has an interest in your property. Let government show how they got part ownership of something that is yours. The only way is if you signed a contract with Government to that effect.
Listen to the first two MP3 audios on the right side of this site - http://www.myprivateaudio.com/Karl-Lentz.html - to see how one man got his child back from Government after 7 years, because he finally learned how to call his kid his property in court, rather than his child. Listen to how he is helping other parents do the same, almost for free - and in Canada and Britain, as well.
You don't have any Government or Constitutional rights. You have all the rights in the world to defy Government anytime they mess with your property.
Powers granted to the central body of the federal government are ENUMERATED in the Constitution. They include the 18 items under Article I Section 8 and the treaty making powers. I any other power is granted, I can't think of it right now. An individual right is an exception to the power of the various bodies of the federal government. Granted powers are enumerated. Individual rights are only partially enumerated. The 9th amendment codifies UNENUMRATED rights. A document with both UNenumerated rights & UNenumrated powers would be meaningless at the outset. Scalia (back in the 90's I found a website devoted to almost-worship of Scalia) refuses to enforce parental rights, which have a basis in the Constitution while at the same time lets slide the exercise of a power not granted. Scalia got this one wrong. FWIW. DC Treybil