LETTER TO PUBLIC OFFICIALS PRAISING RACE TO THE TOP LEGISLATION
January 8, 2010
Dear Race To The Top Passage Enthusiast:
I recently saw your public statement proclaiming the great victory for California in the passage of "Race To The Top" education legislation, that brings our state’s laws in compliance with federal guidelines, and making our state eligible for hundreds of millions of federal tax dollars.
On the micro level, I agree that this legislation positively impacts California’s education system — the substance of its contents are largely positive. At this level, it’s good that we passed it — and pleasant to see it pass over the objections of the California Teachers Association labor union.
That said, I ask you and all of my friends to consider that at the macro-level, the "Race To The Top" legislation passed out of Washington, D.C., represents the worst form of federal meddling into issues out of its purvey. Federal interference with state and local issues has become a big problem as our national government has ballooned to a size that would give even the most cynical founding fathers a coronary attack.
The United States Constitution reserves to the states and the people the right to deal with issues not specifically assigned to the federal government, which would include the issue of education. So Congress and the President pass these bills that promise big money as inducements to states to manipulate behavior that they cannot legislate. "Race To The Top" and "No Child Left Behind" are great examples of the federal politicians trying to tackle issues of concern, without regard to Constitutional boundaries.
The only reason we praise "Race To The Top" legislation, is that because in this instance the money being "offered" from the federal government is only available for policy changes that you and I think are good. Of course there are a great many more instances where federal funds (read: tax payers’ dollars) are used as an inducement to get state and local governments to jump through hoops you and I would not like, nor the Constitution allow.
Frankly, it is equally wrong for the federal government to push policies like this on the states whether the underlying policies are good or bad. Simply put, it is wrong for federal politicians to use tax payers’ money to ‘buy’ the ability to regulate state and local issues that they otherwise should have no say in.
My frustration comes with the fact that legislators are busy praising the legislature’s passage of this "Race To The Top" bill, without even a mention of the federal government’s hubris to force or buy policy in areas reserved to the states.
By the way, I am very consistent on this issue. When California sought to have auto emissions regulations that were more strict than "allowed" by the federal government, I publicly opined that while I didn’t agree with the Governor and Legislature in setting higher regulations, that it was the right of any state to over-regulate itself if it wants.
I am so troubled by the strong-arming by Washington, D.C.politicians that it’s hard for me to get excited about this bill, which would be more aptly titled, "Race For The Cash."
I understand that in a state dominated by the political left, we should enjoy and be thankful for any circumstances that allow us to force good public policy through the legislature. And believe me, I share your belief that these particular changes are good ones that will help, to some degree, in improving our education system.
We must be careful about praising laudable goals that come from unconstitutional, or constitutionally objectionable means. This simply reinforces bad federal-government behavior: buying their way into nationalizing all policy, through the inappropriate use of taxpayers’ money. This time you and I like the policy outcome, but who knows what next time will hold? Nevertheless, by praising this maneuver, we silently consent to the dubious tactic, and thus loose our platform to object next time, when the policy outcome will most likely be dire–especially considering this President and Congress.
In closing, it is my hope that you and every other public official who believes in a limited role for the federal government will ponder this, and perhaps when next talking to a U.S. Senator or Congressman, urge them to repeal "Race To The Top" and the rest of vast array of laws that use financial carrots and sticks to expand the role of the federal government beyond that envisioned by the framers of the United States Constitution.
Sincerely,
Jon Fleischman
2009 Lincoln Fellow, The Claremont Institute
Vice Chairman, South – California Republican Party
Publisher, The FlashReport Website on California Politics
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