Do We Need the Department of Education? Lecture

Lecture by Charles Murray at Hillsdale College (October 28, 2011):

The case for the Department of Education could rest on one or more of three legs: its constitutional appropriateness, the existence of serious problems in education that could be solved only at the federal level, and/or its track record since it came into being. Let us consider these in order.

(1) Is the Department of Education constitutional?

At the time the Constitution was written, education was not even considered a function of local government, let alone the federal government. But the shakiness of the Department of Education’s constitutionality goes beyond that. Article 1, Section 8 of the Constitution enumerates the things over which Congress has the power to legislate. Not only does the list not include education, there is no plausible rationale for squeezing education in under the commerce clause. I’m sure the Supreme Court found a rationale, but it cannot have been plausible.

On a more philosophical level, the framers of America’s limited government had a broad allegiance to what Catholics call the principle of subsidiarity. In the secular world, the principle of subsidiarity means that local government should do only those things that individuals cannot do for themselves, state government should do only those things that local governments cannot do, and the federal government should do only those things that the individual states cannot do. Education is something that individuals acting alone and cooperatively can do, let alone something local or state governments can do.

I should be explicit about my own animus in this regard. I don’t think the Department of Education is constitutionally legitimate, let alone appropriate. I would favor abolishing it even if, on a pragmatic level, it had improved American education. But I am in a small minority on that point, so let’s move on to the pragmatic questions.

(2) Are there serious problems in education that can be solved only at the federal level?

The first major federal spending on education was triggered by the launch of the first space satellite, Sputnik, in the fall of 1957, which created a perception that the United States had fallen behind the Soviet Union in science and technology. The legislation was specifically designed to encourage more students to go into math and science, and its motivation is indicated by its title: The National Defense Education Act of 1958. But what really ensnared the federal government in education in the 1960s had its origins elsewhere—in civil rights. The Supreme Court declared segregation of the schools unconstitutional in 1954, but—notwithstanding a few highly publicized episodes such as the integration of Central High School in Little Rock and James Meredith’s admission to the University of Mississippi—the pace of change in the next decade was glacial.

Was it necessary for the federal government to act? There is a strong argument for “yes,” especially in the case of K-12 education. Southern resistance to desegregation proved to be both stubborn and effective in the years following Brown v. Board of Education. Segregation of the schools had been declared unconstitutional, and constitutional rights were being violated on a massive scale. But the question at hand is whether we need a Department of Education now, and we have seen a typical evolution of policy. What could have been justified as a one-time, forceful effort to end violations of constitutional rights, lasting until the constitutional wrongs had been righted, was transmuted into a permanent government establishment. Subsequently, this establishment became more and more deeply involved in American education for purposes that have nothing to do with constitutional rights, but instead with a broader goal of improving education.

The reason this came about is also intimately related to the civil rights movement. Over the same years that school segregation became a national issue, the disparities between black and white educational attainment and test scores came to public attention. When the push for President Johnson’s Great Society programs began in the mid-1960s, it was inevitable that the federal government would attempt to reduce black-white disparities, and it did so in 1965 with the passage of two landmark bills—the Elementary and Secondary Education Act and the Higher Education Act. The Department of Education didn’t come into being until 1980, but large-scale involvement of the federal government in education dates from 1965.

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As far as I can determine, the Department of Education has no track record of positive accomplishment—nothing in the national numbers on educational achievement, nothing in the improvement of educational outcomes for the disadvantaged, nothing in the advancement of educational practice. It just spends a lot of money. This brings us to the practical question: If the Department of Education disappeared from next year’s budget, would anyone notice? The only reason that anyone would notice is the money. The nation’s public schools have developed a dependence on the federal infusion of funds. As a practical matter, actually doing away with the Department of Education would involve creating block grants so that school district budgets throughout the nation wouldn’t crater.

Sadly, even that isn’t practical. The education lobby will prevent any serious inroads on the Department of Education for the foreseeable future. But the answer to the question posed in the title of this talk—“Do we need the Department of Education?”—is to me unambiguous: No. [read more]

Interesting and informative speech. I’ve read two of Mr. Murray’s books.