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« Monumental Failure: The Flight 93 "Memorial" | Main | 30 Youths Of Indeterminate Ethnic Extraction Terrorize & Rape On French Train »
January 05, 2006

Florida Supreme Court Knocks Down Voucher Program As "Unconstitutional"

Yep.

"This word 'unconstitutional' you keep using. I do not think it means what you think it means." -- Thomas Jefferson, still searching for the six-fingered man


posted by Ace at 12:11 PM
Comments



Note that they found it to violate the Florida constitution, not the US Constitution. Who knows what the Florida constitution says?

Posted by: Steven Den Beste on January 5, 2006 12:15 PM

Indeed, it probably has one of those Blaine clauses in it, which was to prevent those dirty Catholics from benefiting from the state like the respectable Protestants were doing.

Posted by: meep on January 5, 2006 12:18 PM

Ace, ever since 2000 they're properly referred to as the Florida Supreme "Court".

Posted by: someone on January 5, 2006 12:23 PM

meep, you're right; as of failed presidential candidate Blaine's day (late 1800s) public schools had Protestant sectarian prayer in them. This was not only before O'Hair etc in the 1950-60s but also before the Scopes "monkey trial" of 1925.

The Blaine Amendments were to preserve the monopoly for Protestant fundamentalists, on the ground that it wasn't really fundamentalism but the truth or else the common American heritage or other such bunk.

Blaine would have called it "ceremonial deism" if the phrase had existed then.

Posted by: David Ross on January 5, 2006 12:29 PM

The decision seems to have rested on the preamble to the class size amendment in the FL Constitution, which requires (in part): "Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education and for the establishment, maintenance, and operation of institutions of higher learning and other public education programs that the needs of the people may require"
Of course, by that logic, the public schools are unconstitutional as well.

Posted by: ArrMatey on January 5, 2006 12:38 PM

they mandate public school class size in their freakin' constitution? florida is indeed full of fucktards

Posted by: on January 5, 2006 12:50 PM

My name is Inigo Montoya, not Thomas Jefferson. You killed my father; prepare to die.

Posted by: Inigo Montoya on January 5, 2006 12:57 PM

I've spent the last five years envying Rehnquist his chance to shoot those silly bastards down. Now it's my turn.

Posted by: The Dread Justice Roberts on January 5, 2006 01:03 PM

Aren't we spending more on education (adjusted for inflation) than ever before. If so, why is education in decline (or perceived to be)? Has the cirriculum strayed off target? Mebbe because parents raise their children differently than in the "golden days" of public education. Dint Pa Wilder put the smackdown on his kids if they messed up in school?

Posted by: Duhgee on January 5, 2006 01:07 PM
Aren't we spending more on education (adjusted for inflation) than ever before. If so, why is education in decline (or perceived to be)?
Leftist ideologues took over the ed schools, with their refuted-by-all-evidence "constructivist" theories of learning. (Which work OK for certain smart kids, but fail miserably on the whole, esp. in poor urban environments.)

Hence the empirical evidence requirement tucked into NCLB, which like every other sensible thing in that law has way fewer teeth than it needs.

Posted by: someone on January 5, 2006 01:12 PM

"they mandate public school class size in their freakin' constitution?"

Nevada does it, too. I wonder how common that is.

Posted by: Sobek on January 5, 2006 01:12 PM

Oh yeah, and of course they spend gazillions of our tax dollars encouraging teachers to indoctrinate their kids with "social justice" and all that let-us-run-everything bullshit.

Posted by: someone on January 5, 2006 01:14 PM

Arizona actually has a section in its education clause about providing for hearing- and vision-impaired students (Art. 11, sec.1B). California mandates it (Art. 9, sec. 5). Not only that, but California's constitution actually states a freakin' minimum wage for teachers (not less than $2400.00, art. 9, sec. 6).

Posted by: Sobek on January 5, 2006 01:46 PM

If youdebate.com is to be believed, funding for public education at least doubled since the '60s

Posted by: Duhgee on January 5, 2006 01:48 PM

It's my understanding that many state constitutions are nothing like the US one. They are much more specific, and amended much more often. More "positive" rights (as opposed to "negative" rights) such as, well, the 10th Amendment, although that's a confusing example.

They are as much "law" as "framework for lawmaking."

Posted by: tachyonshuggy on January 5, 2006 01:49 PM

Re: The Class-size mandate in the Florida constitution:

This was a huge issue during the last gubernatorial election. Jeb's opponent had the class-size thing as his main issue and stumped for it repeatedly. The voters initially went with it (after all, it was a program with "children" and "schools" in its title), and the Democrat led the polls. Then it was discovered how many billions of dollars it would cost, and the voters turned against its champion and there was widespread opposition. Jeb won in a landslide (60-40 or there abouts).

BUT, because Floridians apparently dont read the dozen constitutional amendments we have on every ballot, they voted in the actual class size amendment on the same ballot! I think a lot of them thought the the program the losing candidate was talking about was something different.

BTW, we also have a constitutional amendment banning the confinement of pregnant pigs (which PETA heavily advertised as protecting cute puppies and kitties).

Posted by: Axolotl on January 5, 2006 02:16 PM

A standard exercise for first-year law students is to read the federal Constitution (which you should pretty much have memorized before you even applied), then go look up your home state's constitution (which very few non-lawyers have ever read). I remember my shock to discover that New York's constitution was the length of a novella and had been entirely rewritten several times since the Revolution, most recently in the 20th century.

It was also hella stupid.

Posted by: Pompous on January 5, 2006 03:58 PM

Hasn't the SCOFLAW done this before? We all know that libs love their constitutional to extra bendy, flexible enough to wrap around whatever their union contributors want.

But, yeah, the Fl constitution means a lot of things. Bush needs to impeach these guys.

Posted by: joeindc44 on January 5, 2006 04:39 PM

If youdebate.com is to be believed, funding for public education at least doubled since the '60s

Most studies I've seen say "tripled", including the rate of inflation...

Posted by: scott on January 5, 2006 05:40 PM

Dont knock florida just becuase of a few idiot judges after all they have passed what is called a to retreat law and they have a lower crime rate then calfornia becuase their not run by stupid jackasses

Posted by: spurwing plover on January 5, 2006 09:04 PM
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