We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

“The UK’s Online Safety Bill, an idea too stupid to notice it’s dead”

The Register’s Rupert Goodwins is right to describe the Bill as “stupid” but, I regret to say, probably mistaken in describing it as “dead”. It has long since passed the Commons. Its progress through the Lords is almost complete. But a few more sharp thrusts like this one might yet kill the beast:

The British state is a world class incompetent at protecting its own data. In the past couple of weeks alone, we have seen the hacking of the Electoral Commission, the state body in charge of elections, the mass exposure of birth, marriage and death data, and the bulk release of confidential personnel information of a number of police forces, most notably the Police Service Northern Ireland. This was immediately picked up by terrorists who like killing police. It doesn’t get worse than that.

This same state is, of course, the one demanding that to “protect children,” it should get access to whatever encrypted citizen communication it likes via the Online Safety Bill, which is now rumored to be going through British Parliament in October. This is akin to giving an alcoholic uncle the keys to every booze shop in town to “protect children”: you will find Uncle in a drunken coma with the doors wide open and the stock disappearing by the vanload.

Samizdata quote of the day – murderous nurse edition

“What strikes you when reading about any number of NHS scandals since then isn’t so much the systemic failures, it’s the instances of individual cruelty to patients. Bereaved parents repeatedly told the Ockenden report about a lack of compassion from staff and some even said they were told they were responsible for their own child’s death. All of this amounts to a sense that the health services continually privileges the institution over the needs of patients at the most vulnerable times of their lives. When you consider how utterly inhumane that is, it becomes easier to understand how the NHS could contain a monster like Letby.” (See here for details on the Ockenden saga.)

– Alys Denby, Editor, CapX, in a weekly letter to subscribers of that platform. Denby writes about Lucy Letby, a nurse convicted last week of murdering a number of babies in a NHS hospital.

Monsters can flourish in certain institutions, and it strikes me that those that are treated as near-sacred institutions provide cover for them. The NHS needs to be nuked from high orbit for various reasons, and these scandals surely add to the list.

The Sound Of Freedom film

A new film is out, called The Sound of Freedom, and it is about the horrible topic of child sex trafficking, and based on the experiences of people, such as former US government agent, Tim Ballard, who tried to shut this trade down. The film has become a hit already in the US, overtaking the new and lame Indiana Jones film (starring an aging Harrison Ford).

The Critical Drinker – my favourite film reviewer – gives his verdict here.

I want to focus on a different angle here, because I can imagine some of the “whataboutery” sort of responses from those who, for example, dislike the emphatic Christian convictions of the actor who plays Tim Ballard – Jim Caviezel. The film has already provoked sniffy responses from certain quarters.

There is, as readers know, a gap between rhetoric and performance when it comes to Christian churches and other faiths’ groups in terms of the treatment of children in some cases, while Christians and those of no faith are also to be found in seeking to protect children, too. I hope and generally imagine that the benign consequences of religion, when it comes to care for children, outweigh the negatives (full disclosure: I am a lapsed Anglican). I recall reading, with horror, about the child abuse allegations that were sweeping through the Catholic church a few years ago in cities such as Boston. I recall there was a film about this, such as about the situation in Boston, a few years ago. On the flip side, consider the work of evangelical Christians, Quakers and others on issues such as building a moral storm against the slave trade, or the encouragement of prison reform, and so on. It is hard to contemplate the US civil rights movement and not see the importance of Christianity in the US. (For a fascinating account of how different Christian denominations have shaped American culture to this day, read Albion’s Seed, by David Hackett Fischer.)

So why the hostility to this film now? This seems driven more by political partisanship and point scoring between the Left and Right than an ability to view stories on the facts.

Even the most secular person can and should be appalled, and want to tackle the matter of sex trafficking and coercion of minors. This is why issues such as money laundering, for example, are such a big deal for banks (and why it is all the more important to get that sort of issue right.)

It is true that these issues can get out of hand when it comes to fear and panic about what is going on. In the UK and other places about 40 years ago there was a “satantic abuse” problem, in parts of the north of the UK, I think, and there were miscarriages of justice, and a serious concern about the errors and oversight of various government agencies.

Even so, on the face of it, there is a problem. Slavery today is, in numerical terms, a major issue. The United Nations said, in a report last year, that there are millions of people in a condition of slavery, and a number of them will be children. (The usual health warnings apply to official figures, but even with that, these are non-trivial numbers.)

I can understand the reason for some people, maybe from good intentions, to either play down the issue or hope it goes away because they don’t want specific groups to be portrayed in a negative light, or fear this will cause specific groups to be persecuted. Centuries ago, Jews were attacked for wanting to kill Christian babies, and other such nonsense. But the problem is that our politeness, even our desire not to “rock the boat”, creates a breeding ground for trouble.

Unfortunately, in today’s always-offended culture, and its myriad hypocrisies, blind spots and desire to wish things were different than they are, the chances that there will be a rational, realistic discussion on how to prevent abuses, deal with criminals, and so on are not great. But we have to try.

Be assured we do not want your kids for selfish reasons

Dear benighted parents, you must understand that we operate under a “higher obligation”.

There is a magnificently orotund opinion article by one Professor Sarah J. Reynolds in the Indystar* (the newspaper formerly known as the Indianapolis Star):

“Parents’ rights debate missing key piece: Kids’ right to learn to be free thinkers.”

“Parents’ rights” have been widely discussed in local, state and national debates around education in recent years. Here in Indiana, Attorney General Todd Rokita’s office has released a “Parents’ Bill of Rights,” which specifies that parents “have a constitutional right to direct the upbringing and education of [their] child in the manner [they] see fit.” Many of these bills and discussions, however, crucially forget that the higher obligation in education is not to the parent, but to the child themselves.

We have a collective community responsibility to ensure that children’s education is not determined by or dependent on the whims of a few, but instead is truly preparing children for a future as independent, free-thinking citizens in a world beyond their parents’ control and vision. In our communities, we need to work together to collectively ensure that children’s rights to education are what is privileged in our schools and laws.

[…]

Certainly, the parental impulse to protect and guide and nurture is an important one, and one that strongly benefits children and their education. However, we must remember that impulses can lead even the well-intentioned astray. Protection can be stifling, guidance can seep into control, and forms of nurturing that were once age-appropriate must transform and transition into different varieties of love and respect as children mature. Furthermore, we are sorrowfully aware that not every parent has their children’s best interest at heart.

In the comments to the Indystar’s tweet, a lady called Orietta Rose shares her own sorrowful awareness that “less than 40% of 4th graders [in Indiana] were testing proficient or above in reading & math in 2022. Can’t read, but they’re learning to be freethinkers, right?”

*I’ve got a lot of fond memories of that dog.

English children ranked fourth in international reading test. Yes, really.

England came fourth out of the 43 countries that tested children of the same age in the Progress International Reading Literacy Study (PIRLS), announces the government. Singapore, Hong Kong, Russia, England. Yes, dear highly literate Samizdata readers, your own reading skills have not failed you. English schoolchildren are the fourth best readers in the world and the best in Western Europe.

Pinching myself, I offer my sincere congratulations to England’s teachers and to the Department of Education, in particular Nick Gibb MP, the Minister of State for Schools. Mr Gibb is serving the third of three non-contiguous stints in this ministerial role. That suggests he is genuinely interested in education, and indeed his Wikipedia biography says “Gibb is a longstanding advocate of synthetic phonics as a method of teaching children to read”. He himself says, “Our obsession with phonics has worked”.

Tomorrow I will get back to calling the teachers “the Blob” and the government “the government” in a voice that suggests I can think of no worse insult. Today, I give credit where credit is due. For British education nerds, this is like our own little 1989. OK, perhaps that is over the top, but a wall that seemed no more than slightly cracked as recently as January 2022 has finally fallen. By the “wall”, I mean the side in the so-called “Reading Wars” that wasn’t phonics. The Not!Phonics side has had many names, “Look and Say”, “Whole Word”, “Whole Language”, and most recently “Balanced Literacy”. That last name was an attempt to paper over the cracks in the wall. Or perhaps, since I am allowed more than one metaphor, it was a deliberate breach in the wall of a dam, done in an failed attempt to stop the whole damn dam wall collapsing.

To see what the wall looked like in the days of its Krushchev period, discredited but still seemingly impregnable, read this 1998 paper that Brian Micklethwait originally wrote for the Libertarian Alliance: “On the Harm Done by Look-and-say: A Reaction to Bonnie Macmillan’s Why Schoolchildren Can’t Read”, and this one written in 2002: “The Failure of Politics and the Pull of Freedom: Reflections on the Work of the Reading Reform Foundation.” I wish I could ask Brian what he thinks about this now, but thanks to the Brian Micklethwait Archive you can see what he thought about it then, and be reminded that truth stays true. Read those two papers and you will know most of what you need to know about the battle that raged across the Anglosphere over how to teach children to read, including these cynical words of wisdom:

The phonics-persons have pretty much proved their case, probably even in the eyes of many of the look-and-say people. But the look-and-say “experts” at the DfES are in an arkward position. (The inverted commas around “experts” being there because these people don’t know things which are true, they “know” things which are untrue.) Suppose their bad techniques are completely swept away and completely replaced by completely good ones. The teaching of literacy in schools would leap forward. A mass of seemingly “complex” problems, like the recent huge rise in “dyslexia”, the spiralling cost of “special needs” education, and the general inability of several generations of people to learn how to spell, will be revealed as not so complex after all. These problems will be revealed to all as having been caused by the government’s own literacy “experts”. Thus it is that even – especially – those “experts” who have been completely convinced of the wrongness of their own former opinions now face a huge, career-saving incentive to perpetuate their follies as much as they can, to disguise the enormity of the disaster they have caused.

*

That would have been a fine, dramatic line with which to end the post, but I must add → Continue reading: English children ranked fourth in international reading test. Yes, really.

If Twitter let me give half-likes, I’d have been willing to make it 165½

The tweet with the “165 Likes” to “1.1M Views” ratio is this one from Sarah Jones, senior writer for Intelligencer:

It links to this article:

Children Are Not Property

The idea that underlies the right-wing campaign for “parents’ rights.

The confusingly written subheading suggests that the idea that children are not property underlies the right-wing campaign for <scarequotes> “parents’ rights” </scarequotes>. In fact, Ms Jones’s article argues that parents are wrong to consider their children to be their property. It is true that some parents do think they own their children in the manner of property, and those parents are wrong to do so. For that I bestow my 0.5 of a “Like”, or would if Twitter let me. On second thoughts, make that a quarter-Like, because although words about the separate individuality and personhood of children flow out of Ms Jones in a flood, she concludes by saying the parents are not responsible for their children because the state is:

Children aren’t private property, then, but a public responsibility. To expand our democratic project to children is to grant them the security the right seeks to deny them: education, health care, shelter, food. A better America begins with the child.

Along the way to giving votes to children and children to the demos, she throws in the first few headlines she got by googling the word “children” as proofiness that Republicans think they own their kids:

→ Continue reading: If Twitter let me give half-likes, I’d have been willing to make it 165½

Exhibitionists like to know that others dare not object

Kayla LeMieux

“The kids here most definitely don’t think [it’s] normal…but realistically we can’t say anything,” said a person on Twitter who claims to be a student at Oakville Trafalgar. “Last year, the teacher was a man. I don’t think the school can fire him.”

Canada’s Post Millennial reports, “Canadian biologically male teacher wears massive prosthetic breasts to school”

The teacher is Kayla Lemieux and the school is Oakland Trafalgar High School in Ontario. Please note that there exist several other people with the same name, some of whom have been in the news recently.

The Daily Mail picked up the story: “Canadian high school defends transgender teacher who wore enormous prosthetic breasts underneath tight T-shirt to class”, and has plenty more pictures if you need to be convinced that this is not a joke.

Even after I was convinced that it was not a joke, I originally had plenty of jokes to make. But upon reflection I edited them out. This is not a funny story.

Kayla Lemieux’s motivations bear no relation to the motivations of a transwoman who was born male but simply wants to be female. Nor does Ms Lemieux want to be accepted as having an ambiguous gender identity. She does not want to be accepted at all. Kayla Lemieux wants to shock. She also wants the pleasure of knowing that the people she shocks dare not say anything. Better yet, she wants to have the pleasure of thinking that some of the people seeing her are secretly, even unwillingly, sexually aroused by her fetish costume. She is a teacher, so when I say “people” I mean “children she teaches”.

Imagine the sexes/genders were reversed, and a female-to-male transgender teacher turned up at school to teach the children while wearing an enormous prosthetic penis. Imagine – but the imaginary scenario scarcely differs from what is actually happening.

Let me be clear that I believe that adults should be free to alter their appearance in any way that pleases them. I would go further than most in defending people’s right to have body modifications that are designed to shock, though I would also defend the right of others to exclude such people from their premises, and that is one of the reasons why I would like to see less public space (which is open to absolutely everyone by definition) and more private space that is open to the public so long as they adhere to rules of behaviour. I would also, though more reluctantly, defend the right of a private school to employ a person with deliberately shocking body modifications as a teacher, and the right of parents to send their children there.

However, Oakland Trafalgar High School is a public school in the North American sense, a state school. Most of the families whose children attend have no other option. Even if that were not so, the pupil quoted at the beginning was correct to say, “I don’t think the school can fire him.” As the statement from the school says, “Gender identity and gender expression are protected grounds under the Ontario Human Rights Code”.

And Kayla Lemieux knows it.

“Biting and hitting, overwhelmed around large groups of other children”

“Evidence grows of lockdown harm to the young. But we act as if nothing happened”, writes Martha Gill in the Guardian.

I had been beginning to forget that the Guardian occasionally publishes good journalism that expresses opinions outside the comfort zone of its readers. Ms Gill’s previous work had not led me to expect this example of exactly that to come from her. She writes,

Then there are the very young. During the pandemic, parents spoke heartbreakingly of having to tell toddlers to stay away from others and not to hug their friends. In May, research published by the Education Endowment Foundation claimed that lockdown had affected England’s youngest children worst of all. Four- and five-year-olds were starting school far behind, biting and hitting, overwhelmed around large groups of other children and unable to settle and learn.

It came of necessity, perhaps, but we need to admit it. From 2020 to 2021, we conducted a mass experiment on the young. In recent history, there is perhaps just one comparison point: evacuation during the Second World War. Only it’s the opposite experiment. In 1939, children were sent away from their parents. In the past two years, they have been shut up with them.

and

Lockdown Britain had all the aesthetics of fictional big-state dystopias – the empty city squares, the mass-testing centres, the tape around park benches, the twitching curtains of neighbours who would love the chance to report you to the police. It was easy to see then that something bad and lasting might be happening to us all. But the unworldly, futuristic atmosphere disappeared as infections cleared up – and life has mostly snapped back to normal.

But we have to remember what we did. Keeping a generation of children away from their classrooms and friends felt unnatural and harmful, because it was unnatural and harmful. We should at least be collecting far more data on the matter than we seem to be doing. We have, after all, done the experiment. Now we must bother with the results.

“In none of these places were any human remains unearthed.”

You have probably heard the shocking story, reported worldwide, of the discovery of mass graves in Canada containing the bodies of what were then called Indian and are now called First Nations children sent to residential schools.

What you heard was exactly that, a story. It is not true.

Canada’s National Post carries an important and well-researched article by Terry Glavin: “The year of the graves: How the world’s media got it wrong on residential school graves”.

As for the most recent uproars: not a single mass grave was discovered in Canada last year. The several sites of unmarked graves that captured international headlines were either already-known cemeteries, or they remain sites of speculation even now, unverified as genuine grave sites. Not a single child among the 3,201 children on the Truth and Reconciliation Commission’s 2015 registry of residential school deaths was located in any of these places. In none of these places were any human remains unearthed.

Mr Gavin rightly acknowledges that the treatment of these children was shameful. It was denounced as such a full century ago:

…it was exactly 100 years ago this year that Peter Henderson Bryce, the former medical inspector for the Department of Indian Affairs, published a shocking account of the federal government’s indifference to deaths from infectious diseases and heartless neglect in the Indian residential schools. The 24-page booklet was titled, “The Story of a National Crime: Being an Appeal for Justice to the Indians of Canada; The Wards of The Nation, Our Allies in the Revolutionary War, Our Brothers-in-Arms in the Great War.”

The passage of a century has added other charges to the heartless neglect that Peter Henderson Bryce denounced. Beatings and sexual abuse were common at these schools, most of which were run on behalf of the government by the Catholic church. Their openly-stated purpose, at least at first, was to strip away the children’s native languages and cultures. While not every child’s experience was bad, the policy of taking children away from their parents en masse to be compulsorily educated in the majority culture was a monstrous act of repression.

The historical facts were not dramatic enough for the media. Perhaps not maliciously, but certainly recklessly, they promoted a different story, a new story:

The “discovery” of unmarked graves at the Marieval cemetery was one of the most dramatic front-page sensations that circled the world last summer. The June 24 headline in the Washington Post was typical: Hundreds of Graves Found at Former Residential School for Indigenous Children in Canada. The number of graves reportedly discovered: 751.

Except that’s not what happened.

The Cowessess people noted from the outset that they didn’t discover any graves; the crosses and headstones had gone missing under disputed circumstances decades earlier, and ground-penetrating radar had been brought in to enumerate and pinpoint the location of each burial. Cowesses Chief Cadmus Delorme told CBC News: “This is a Roman Catholic grave site. It’s not a residential school grave site.”

The predictable result of the sensationalist reporting of this and other grave sites was a wave of church burnings and vandalism that in any other context would have been called “hate crimes” but in Canada are known as “protests”. (Official Canadian terminology inverts the previous meanings of these two terms – peaceful protests for unapproved causes are deemed to be hate crimes and suppressed by force, as the disabled Indigenous woman trampled by police horses at the truckers’ Freedom Convoy protest in Ottawa could tell you.) I know from reading the comments to many of these news stories that an awful lot of people got the impression that the children buried in these graveyards were murdered. That might simply be because many people are happy to comment on newspaper stories they have not read past the headline, or it might be that some reporters do not work very hard to dispel misunderstandings that will get them more clicks, or it might be due to the existence of a full-blown conspiracy theory to that effect. Mr Glavin links to this piece by Frances Widdowson that describes how Kevin Annett, a defrocked United Church Minister,

…has been disseminating the stories of Combes and others about the residential schools for about 25 years. One of these stories, recounted by Annett, claimed that Queen Elizabeth II and Prince Philip took a group of students from the Kamloops Indian Residential School (KIRS) on a picnic and then abducted them. Thorough fact-checking has shown that the Royals did not even travel to Kamloops in 1964.

While the Queen Elizabeth abduction story probably would be regarded with skepticism by most, many similar improbable accounts of “murders” and “missing children” are being repeated by Tk’emlúps te Secwépemc “Knowledge Keepers” and are now accepted as “truth.” Knowledge Keepers, after all, cannot be questioned, because to do so would be perceived as “disrespectful.” This raises questions about the extent to which the “oral tellings” of the Knowledge Keepers, which have been provided as evidence for the existence of “secret burials” at KIRS, have been influenced by the lurid stories circulating over the past 25 years. These stories were given additional momentum in May 2021 and are now firmly ensconced within the Canadian consciousness.

A formula for failure

There is a shortage of baby milk in the US. Few fears are more primal than that of not being able to feed your baby. Parents across America are stressed and angry. (Some people, however, find the situation amusing.) One of the many reasons to like unbridled capitalism is that by reducing scarcity it reduces conflict. Whenever there is a shortage people become angry when they see others getting what they cannot get.

“Texas governor criticises Biden administration for giving baby formula to migrant children”, writes the Independent. There are several things worth discussing there. It would be unconscionable not to give formula to children who need it, but the knowledge that “Uncle Sam will provide” probably is a factor attracting illegal immigrants to the US, including children both accompanied and unaccompanied. The consequences of that can be horrible.

However the thing that struck me most about this story was tucked away as background information:

A recall of formula produced at a Michigan manufacturing facility – along with a Covid-19-fuelled supply chain issues – has made formula difficult for families to find, or subject to purchase limits in stores, after manufacturers shut down and warehouse stocks were recalled but not replaced. US formula is largely monopolised, with stringent regulations on imports; shortages from the recall are compounded by demand among a handful of companies relying on the same fragile supply chain.

President Biden has called on federal agencies to help address the shortages, including easing rules that manufacturers must follow for their products to be eligible under the Special Supplemental Nutrition Program for Women, Infants, and Children, or WIC, which supports low-income families.

Few dare argue when “stringent regulations on imports” and “rules that manufacturers must follow” are introduced under the cry of “We must protect the children!” Yet now that the children are being protected half to death, these measures seem astonishingly hard to remove.

Update: Eric Boehm of Reason magazine has more detail: America’s Trade and Regulatory Policies Have Contributed to the Baby Formula Shortage

Thanks to strict FDA regulations and oppressive tariffs, America is already largely dependent on only domestic suppliers for infant formula: America exports far more than it imports every year.

That’s exactly the situation the economic nationalist want in all industries—and we’re now seeing exactly how that can go wrong. Cutting off foreign trade and protecting domestic suppliers can make a country more vulnerable to unexpected supply problems, not more resilient.

Children without parents

Inevitably, it was Friday afternoon by the time Kevin [not his real name] was slowly and ineptly explaining in the headmistress’ office. All parents know what a talent children have for falling ill on Friday evening. The headmistress knew what a talent pupils have of presenting hard-to-handle problems on Friday afternoon.

Kevin had been acting up in class that morning – not unusual for either Kevin or the school, but this seemed different. The headmistress already knew somewhat about Kevin, of course, but only as three-in-the-afternoon came and went, did his full situation begin to emerge.

Years ago, mummy and daddy had little Kevin. Some years later, mummy and daddy had a falling out. Usually it’s the father who disappears first in this situation but in Kevin’s case it was his mother. Maybe she had some thought of retrieving him when she had a place he could stay and events just got on top of her – or maybe not. Kevin stayed with his father and step-mother, the new woman in daddy’s life. In time, this relationship too soured and daddy walked away from it, leaving Kevin cohabiting with his step-mum and, soon enough, his step-dad – a man she acquired. This occurred once or twice or thrice more – it was not entirely clear how many ‘step-‘s preceded the courtesy titles of the final ‘mum’ and ‘dad’ with whom Kevin was cohabiting when the Friday I’m talking about rolled round.

On that Friday, for reasons not worth detailing, Kevin’s step-(step-)parents were departing that habitation (whether in the same direction or in two different directions was uncertain) so other people could take vacant occupancy of it. It had been made clear to Kevin that he was not going to sleep there that night. He had no idea where he was going to sleep that night.

Of course, the Scottish government has assigned people, institutions and funding to handle this kind of situation. And of course, when you pay people to care, some work for the pay and not because they care (luckily for Kevin, his school’s headmistress was an exception). She was not surprised to discover, after she got her head fully round Kevin’s problem and phoned them, that the clock-watchers in the relevant social work department were almost all gone and no-one still there would take any responsibility or do anything before Monday.

Further questioning and checking elicited that Kevin had some kind of granny/step-granny/whatever living in the city. The headmistress managed to work out an address and phone number. Granny didn’t want Kevin – let’s be frank about it, he was not the kind of kid one instantly warmed to, although his distress and (when it penetrated his thick skull she would help him) willingness to cooperate made the headmistress like him a bit better than she ever had before. However granny did not have that icy determination to get her off the phone before imminent departure for the weekend that had been shown by such social workers as had not departed even before she rang. (To be strictly fair, that city was unusually well supplied with the kind of people who consume social workers’ time and state handouts, and some of them greatly exceeded Kevin in being the kind of people one did not instantly warm to.) The strong-willed headmistress extracted consent to Kevin’s sleeping at granny’s for the weekend, “but he goes to school on Monday morning and he does not come back”.

Why am I telling you this? Two-thirds of the way through this long post, I mention Rotherham, where many of the abused girls were in the state’s not-so-tender care. My post below says power should be given to parents and taken from educational bureaucrats (especially the ones in that city, of whom I could tell you a tale). So, why indeed am I telling you this?

Well, if anyone ever implements (or just argues for) the scheme in my post below – to protect children by empowering their parents and disempowering the educational bureaucracy – then I want them to know beforehand, not discover afterwards, that these situations happen. Woke tyrants love their theories, but we believe in learning from experience – from the many that tell us the family is the best protector of children, and also from the few that warn us that parents aren’t always good, that step-parents can be worse, and that on a Friday afternoon, someone in our brave new-old educational world might suddenly discover that the parents, and the step-step-parents, and the clock-watching employees of that ultimate step-step-…step-parent the state, have all gone.

An education in the true meaning of power

We laugh at them for not knowing what ‘woman’ means. They laugh at us for not knowing what ‘power’ means.

“Only power arrests power.” (Montesquieu)

“In a conflict between mere law and power, it is seldom law will emerge as the victor.” (Hannah Arendt)

The state of Tennessee has laws. A law taxes its citizens and gives a hefty chunk of the proceeds to maintain a large education bureaucracy. A law compels Tennessee children to attend the schools this bureaucracy administers. A law forbids this education establishment to push critical race theory on the kids – but the education establishment is not as eager to obey this law as they are to enforce the others.

“We don’t really let anybody tell us what to do.”

The same casual contempt of the idea that laws apply to teachers, not just to parents and children, can be seen in Oklahoma. In Florida, laws force parents to pay education taxes and children to go to school from a young age, and they get enforced. But the law against teachers sexualising kindergarteners is another matter. Amber junior doesn’t feel like going to school? Amber senior doesn’t feel like paying so much tax? “Tough!”, says Amber the teacher. “You can’t break the law but I can.”

The educational establishment’s belief in its right to ignore the parents and those they vote for – its right to confine their role strictly to providing the kids and the money – is not new. They will behave this way while they have the power to do so. While the tax laws and the attendance laws provide the base for the educational establishment’s power, it will be hard to impose an external power to restrain their power. The parents may want it, but the parents have been deprived of direct power – they must pay taxes to a bureaucracy that can (and prefers to) ignore their wishes. The kids may want it, but the kids are compelled to attend school, and to treat the teachers’ narrative as fact and their doubts as ignorance. As long as all that operates, it will be hard to find the additional taxes and the additional government employees and lawyers to make a contemptuous bureaucracy obey an external power. Until the power dynamic can be changed, expect the education bureaucracy to spend much time laughing at the impotent rage of governors and the despair of parents while grooming their kids, or punishing them for teacher-defined *isms and *phobias. It will be hard work for even an unusually able and energetic governor to focus external power effectively upon them. As for parents, the bureaucrats think they have no right even to know, and ‘interpret’ the rules to impose costs on any who try.

Parents are pretty-well the only available independent resource with which to counter this power-dynamic. The idea of giving back to parents the power the bureaucrats took from them has been around for a long time. Past ‘school choice’ schemes have often offered parents only a little choice – ‘Education vouchers’ that let them choose an education-establishment-run school that is less full than others of inept teachers the teacher’s union will not let be weeded. Any legislature that wants the education laws they pass treated as facts, not jokes, needs to transfer a lot more power. Make the definition of school minimal. Give administering that definition to a small finance authority focussed on avoiding fraud, not on enforcing a narrative. Tie the tax money to the child and transfer it directly to the school they attend – and to the new school attended if the parents pull the kid from the old one. Cut the education bureaucracy out of every decision. In legal theory, the state will lose some power, but in actual reality they will lose the illusion of it; the education bureaucracy will lose the reality of it.

The education bureaucracy has a long track record of cheating to destroy voucher schemes. Everything I said about why they will nullify state law applies tenfold to a state law designed to give parents more power and them less. That’s why the handling of the money must be pulled back from the education department to an adjunct of the revenue. Revenue is everything. Taking the receipt of education revenue away from the education bureaucracy is everything. Taking the disbursement of it to schools and teachers away from the education bureaucracy is everything. Until that happens, a child’s parents may have the law on their side but the educational establishment will have the power.