Rep. Zach Wamp has been campaigning on state sovereignty, the Tenth Amendment, and “meeting the feds at the border” when they overstep their constitutional bounds. Yet again, Rep. Wamp’s actions speak louder than words, as in the same breath as he is talking state sovereignty he also brags about legislation that he co-authored which introduces a federal mandate for physical education programs nationwide. It further calls into question Rep. Wamp’s understanding of the Constitution and the boundaries it places on the federal government.
H.R. 1585, or the FIT Kids Act, requires local schools to “annually provide the families of their students with information on healthful eating habits, physical education, and physical activity.” Additionally it directs the Secretary of Education to work with the National Research Council of the National Academy of Sciences to study various issues related to physical education in schools. These are all noble and commendable goals, with the best of intentions given the obesity epidemic that is affecting children in the United States, but as a wise person once said, “The road to hell is paved with good intentions.” In the case of the FIT Kids Act, good intentions are trampling on the Constitution.
When looking at the U.S. Constitution, there is no reference to education, teaching, or instruction in the document (If you wish to verify this, click this link to view the full text of the Constitution and press Ctrl+F on your keyboard to bring up your browser’s search function and try searching for these words in the document – you won’t find them.). Our federal government was made one of strictly enumerated powers, and all other powers were left to the states as is clearly pointed out in the Tenth Amendment. Education is not a power that is delegated by the states to the federal government in the Constitution, and thus is reserved to the states. Even the U.S. Department of Education is completely unconstitutional.
If Rep. Wamp wants to work on this issue through legislation at the state level if he is elected to the governor’s office, then that would certainly be in line with the Constitution and the Tenth Amendment. On the other hand, pursuing this legislation on the federal level is an encroachment on the powers of the states by the federal government. When considered together with his cosponsorship of a bill to unionize state and local emergency services workers at the federal level (withdrawn shortly after several groups including TN-TAC called for him to do so) and his vote for the TARP legislation, it shows that Rep. Wamp clearly does not understand the Federalist system that our founders gave us in the Constitution.
My question for Rep. Wamp is this: You keep talking about meeting the feds at the border when they overstep their constitutional bounds. If you become governor, are you going to meet the feds at the border when they try to come in and enforce your pet federal physical education mandate? Because let’s face it, if you’re REALLY as serious about state sovereignty and the Tenth Amendment as you claim to be, then that is exactly what you should do.
cross-posted from the Tennessee Tenth Amendment Center
They ALL need to STOP SPENDING on ANYTHING that is not in the Constitution. What do they not GET about being BROKE!!!!!!!!!!!
Thank you Lesley. Keep 'em coming.
Leslie has made numerous valid points in her article. As an educator I believe strongly that the best education will come when schools (or teachers) can contract directly with parents in an open market place of ideas. We may be seeing the very beginning of that process as technology is allowing for educators to produce lessons, lectures, and put those on-line for people to attend. Webinars are becoming an increasingly popular educational tool. The personal contact does not necessarily have to be lost. Too many politicians believe that because there might be a problem seen nationally that the way to solve that problem is the federal government passing some law and or creating an agency that will "solve" the problem. It doesn't work that way and as Leslie has shown is a violation of our constitution.
In regards to physical education, in particular, most people agree that children are not as fit or healthy as they should be. Most people would also rightly conclude that education is important to change the behaviors that have gotten our culture to this point. The next conclusion that people on the political left make is a wrong conclusion. They argue that because children are unhealthy and unfit and education is a key to changing that we will mandate that everyone must pass certain educational standards in the area of health and physical education. By making that conclusion they fail to consider the impact on individual liberty and responsibility.
Part of the beauty of the 10th amendment isn't just that it is supposed to curb the potential for abusive power of the federal government, but it also, indirectly places responsibility on individuals, families, and local communities to handle there own problems. The more removed from the problem the "solution" is the less its impact. Even having a state trying to solve a "local" problem is less likely to be as successful as local people solving a local problem. When local people ask for help or resources from above that is different than mandates being directed from the top down.
The problem of obesity, poor physical fitness, and health is a national problem that can have national solutions. The national solutions though are local people, families, schools, universities, hospitals, and businesses sharing successes with others. For example you can share exercise secrets at this site, http://www.physical-education-institute.com/exerc… that could support or give strategies that could help people begin to get fit. That in and of itself is not the solution but will be more valuable than top down mandates.
It is individuals educating individuals and modeling behavior. Organizations at the local level developing or promoting programs to get kids active. Families working together in neighborhoods to make neighborhoods safe and to get children active. The problem would not be solved with the Federal government passing mandates that ignore the constitution and interfere with local communities and individuals taking responsibility for themselves and working to solve the problem.