(RealClearEducation)—Recently, I was on a 3-person panel discussion and debate at Harvard University’s Kennedy School of Government. We were asked to address the question of whether religious charter schools are constitutional. We also shared how we thought the U.S. Supreme Court would rule. This issue has risen to the forefront of educational debate largely because of the U.S. Supreme Court Carson v. Makin (2022) case and an effort in Oklahoma to found a religious charter school, St. Isadore of Seville Catholic Virtual School.
In 2023-2024. However, one should note that these developments did not launch the momentum to rule in favor of religious charter schools, but they built on earlier debates and statements from prior cases including Justice Stephen Breyer’s question in the Espinosa vs. Montana Department of Revenue (2020) case, asking about religious charter schools. Bill Clinton’s speech in 1995 in Vienna, Virginia stating that past U.S. Supreme Court decisions regarding faith were misinterpreted has also played an important role in the debate on religious charter schools.
The Carson v. Makin (2022) case, based in Maine, played a major role in increasing the momentum for religious charter schools. In that case, the state of Maine had provided vouchers for a good number of parents who desired to send their children to non-religious private schools. In contrast, however, Maine’s government did not provide these vouchers for parents who wished to send their children to religious private schools. In a decision penned by Chief Justice Roberts, the U.S. Supreme Court voted 6-3 that the Maine voucher program was unconstitutional because it discriminated against faith-based schools.
As important as the Carson v. Makin (2022) case is, there remain three issues that the U.S. Supreme Court needs to address in any decision on the constitutionality of religious charter schools. First, are religious charter schools constitutional? Second, to what degree may state governments impose restrictions on religious private schools that may inhibit their religious freedoms or beliefs? For example, Adam Frey, the Attorney General of Maine, clarified the state of Maine’s policy following the Carson v. Makin (2022) decision. Frey declared that in order for any private school to participate in the voucher program, it had to agree to follow Maine’s Human Rights Act. The question that the U.S. Supreme Court needs to answer is to what extent states may initiate such actions. How far is it legally permissible for them to go? Where does one draw the line?
The third issue that the U.S. Supreme Court must address is that it needs to determine whether those who run charter schools are state or private actors. This is because the vast majority of people who run charter schools are private groups. However, these charters are defined by law as public schools and are supported by tax-payer dollars. If the Court rules that those who operate the charter schools are state actors, then because they must be non-sectarian, religious charter schools will be ruled unconstitutional. However, if the Court rules that charter schools are private actors, then religious charter schools will be ruled constitutional.
The problem is that determining whether those who run charter schools are state or private actors will not be easy. This is because the courts have often disagreed with each other in their conclusions. For example, the Ninth Circuit Court of Appeals in 2010 (in Caviness v. Horizon Community Learning Center), determined that charter schools were private actors when it came to firing educators. That is, no state hearings were necessary. The case is likely particularly salient, because it cited a U.S. Supreme Court case, Rendell-Baker v. Kohn (1982). This case involved a private school that was very similar to a charter school. It was created to help kids really struggling in school and received about 90% of its funding from the government. The U.S. Supreme Court also found the school to be a private actor in the case of an employee being fired. The Court might view the Rendell-Baker v. Kohn (1982) case as the pivotal one in terms of helping establish precedent for its eventual decisions on religious charter schools, in part because it is a U.S. Supreme Court case. However, in a 2022 Fourth Circuit Court of Appeals case (Peltier v. Charter Day School), regarding school dress codes, the ruling was that those who ran charter schools were state actors.
Whether the Court will utilize the St. Isadore of Seville Catholic Virtual School case to address these issues or wait for a future case remains to be seen. Nevertheless, given that Carson v. Makin (2022) and Justice Breyer’s 2020 statement have brought this issue to the forefront, one can foresee a scenario in which one may not have to wait long.
During the panel discussion, I opined that the U.S. Supreme Court will likely eventually rule that religious charter schools are constitutional. I did not give a precise timeline regarding when such a ruling might take place. Nevertheless, the other two academics on the panel agreed with my prediction, one of whom was a well-seasoned Harvard law professor.
Almost as salient as the issue of whether religious charter schools are constitutional is the context the U.S. Supreme Court establishes in their decision. The U.S. Supreme Court will either provide a narrow context for its decision or a broader one. An example of a narrow context would be declaring that religious charter schools are constitutional, but the Court will leave it up to the states to determine the degree of implementation. An example of a broader context would be if the U.S. Supreme Court decides that if a state has charter schools, it must at least offer the possibility of having religious charter schools.
Whatever the Court decides, it will have a substantial long-term impact on schools and society. If the court decides that religious charter schools are constitutional, one result is that will like give families more options in terms of choosing schools for their children. According to David Tyack in his book, The One Best System, the American system of schooling is far too monolithic and the historical trend toward increased centralization is not consistent with the nation’s diversity. In the next several years the nation will discover whether the U.S. Supreme Court agrees.
Five Things New “Preppers” Forget When Getting Ready for Bad Times Ahead
The preparedness community is growing faster than it has in decades. Even during peak times such as Y2K, the economic downturn of 2008, and Covid, the vast majority of Americans made sure they had plenty of toilet paper but didn’t really stockpile anything else.
Things have changed. There’s a growing anxiety in this presidential election year that has prompted more Americans to get prepared for crazy events in the future. Some of it is being driven by fearmongers, but there are valid concerns with the economy, food supply, pharmaceuticals, the energy grid, and mass rioting that have pushed average Americans into “prepper” mode.
There are degrees of preparedness. One does not have to be a full-blown “doomsday prepper” living off-grid in a secure Montana bunker in order to be ahead of the curve. In many ways, preparedness isn’t about being able to perfectly handle every conceivable situation. It’s about being less dependent on government for as long as possible. Those who have proper “preps” will not be waiting for FEMA to distribute emergency supplies to the desperate masses.
Below are five things people new to preparedness (and sometimes even those with experience) often forget as they get ready. All five are common sense notions that do not rely on doomsday in order to be useful. It may be nice to own a tank during the apocalypse but there’s not much you can do with it until things get really crazy. The recommendations below can have places in the lives of average Americans whether doomsday comes or not.
Note: The information provided by this publication or any related communications is for informational purposes only and should not be considered as financial advice. We do not provide personalized investment, financial, or legal advice.
Secured Wealth
Whether in the bank or held in a retirement account, most Americans feel that their life’s savings is relatively secure. At least they did until the last couple of years when de-banking, geopolitical turmoil, and the threat of Central Bank Digital Currencies reared their ugly heads.
It behooves Americans to diversify their holdings. If there’s a triggering event or series of events that cripple the financial systems or devalue the U.S. Dollar, wealth can evaporate quickly. To hedge against potential turmoil, many Americans are looking in two directions: Crypto and physical precious metals.
There are huge advantages to cryptocurrencies, but there are also inherent risks because “virtual” money can become challenging to spend. Add in the push by central banks and governments to regulate or even replace cryptocurrencies with their own versions they control and the risks amplify. There’s nothing wrong with cryptocurrencies today but things can change rapidly.
As for physical precious metals, many Americans pay cash to keep plenty on hand in their safe. Rolling over or transferring retirement accounts into self-directed IRAs is also a popular option, but there are caveats. It can often take weeks or even months to get the gold and silver shipped if the owner chooses to close their account. This is why Genesis Gold Group stands out. Their relationship with the depositories allows for rapid closure and shipping, often in less than 10 days from the time the account holder makes their move. This can come in handy if things appear to be heading south.
Lots of Potable Water
One of the biggest shocks that hit new preppers is understanding how much potable water they need in order to survive. Experts claim one gallon of water per person per day is necessary. Even the most conservative estimates put it at over half-a-gallon. That means that for a family of four, they’ll need around 120 gallons of water to survive for a month if the taps turn off and the stores empty out.
Being near a fresh water source, whether it’s a river, lake, or well, is a best practice among experienced preppers. It’s necessary to have a water filter as well, even if the taps are still working. Many refuse to drink tap water even when there is no emergency. Berkey was our previous favorite but they’re under attack from regulators so the Alexapure systems are solid replacements.
For those in the city or away from fresh water sources, storage is the best option. This can be challenging because proper water storage containers take up a lot of room and are difficult to move if the need arises. For “bug in” situations, having a larger container that stores hundreds or even thousands of gallons is better than stacking 1-5 gallon containers. Unfortunately, they won’t be easily transportable and they can cost a lot to install.
Water is critical. If chaos erupts and water infrastructure is compromised, having a large backup supply can be lifesaving.
Pharmaceuticals and Medical Supplies
There are multiple threats specific to the medical supply chain. With Chinese and Indian imports accounting for over 90% of pharmaceutical ingredients in the United States, deteriorating relations could make it impossible to get the medicines and antibiotics many of us need.
Stocking up many prescription medications can be hard. Doctors generally do not like to prescribe large batches of drugs even if they are shelf-stable for extended periods of time. It is a best practice to ask your doctor if they can prescribe a larger amount. Today, some are sympathetic to concerns about pharmacies running out or becoming inaccessible. Tell them your concerns. It’s worth a shot. The worst they can do is say no.
If your doctor is unwilling to help you stock up on medicines, then Jase Medical is a good alternative. Through telehealth, they can prescribe daily meds or antibiotics that are shipped to your door. As proponents of medical freedom, they empathize with those who want to have enough medical supplies on hand in case things go wrong.
Energy Sources
The vast majority of Americans are locked into the grid. This has proven to be a massive liability when the grid goes down. Unfortunately, there are no inexpensive remedies.
Those living off-grid had to either spend a lot of money or effort (or both) to get their alternative energy sources like solar set up. For those who do not want to go so far, it’s still a best practice to have backup power sources. Diesel generators and portable solar panels are the two most popular, and while they’re not inexpensive they are not out of reach of most Americans who are concerned about being without power for extended periods of time.
Natural gas is another necessity for many, but that’s far more challenging to replace. Having alternatives for heating and cooking that can be powered if gas and electric grids go down is important. Have a backup for items that require power such as manual can openers. If you’re stuck eating canned foods for a while and all you have is an electric opener, you’ll have problems.
Don’t Forget the Protein
When most think about “prepping,” they think about their food supply. More Americans are turning to gardening and homesteading as ways to produce their own food. Others are working with local farmers and ranchers to purchase directly from the sources. This is a good idea whether doomsday comes or not, but it’s particularly important if the food supply chain is broken.
Most grocery stores have about one to two weeks worth of food, as do most American households. Grocers rely heavily on truckers to receive their ongoing shipments. In a crisis, the current process can fail. It behooves Americans for multiple reasons to localize their food purchases as much as possible.
Long-term storage is another popular option. Canned foods, MREs, and freeze dried meals are selling out quickly even as prices rise. But one component that is conspicuously absent in shelf-stable food is high-quality protein. Most survival food companies offer low quality “protein buckets” or cans of meat, but they are often barely edible.
Prepper All-Naturals offers premium cuts of steak that have been cooked sous vide and freeze dried to give them a 25-year shelf life. They offer Ribeye, NY Strip, and Tenderloin among others.
Having buckets of beans and rice is a good start, but keeping a solid supply of high-quality protein isn’t just healthier. It can help a family maintain normalcy through crises.
Prepare Without Fear
With all the challenges we face as Americans today, it can be emotionally draining. Citizens are scared and there’s nothing irrational about their concerns. Being prepared and making lifestyle changes to secure necessities can go a long way toward overcoming the fears that plague us. We should hope and pray for the best but prepare for the worst. And if the worst does come, then knowing we did what we could to be ready for it will help us face those challenges with confidence.