Supreme Court Justice Potter Stuart once famously quipped that he could not provide a description for indecent material “…but I know it when I see it.” State circuit court judge Tim Kelley recently struck down the LA School Voucher program citing clauses from the LA Constitution that do not appear in the document; thus I assume Judge Kelly must rely on Stuart’s adage that he “…knows an unconstitutional act when he sees it.” And because the LA school voucher program appears to have the same effect on liberals that Kryptonite has on Superman, Kelley must act on behalf of the Louisiana Federation of Teachers.
It should alarm the citizen that a government employee, in this instance, teachers, view their existence and “work” as so essential to life that it trumps the mere concerns parents may have as to the effectiveness of the “work” in question, which is what gave rise to the voucher program to begin with. In his ruling Kelley claims that the state is mis-directing public monies to private entities and the LA Constitution forbids that.
Does the same Constitution then not forbid the transfer of public monies directly to students in the form of “scholarships” and “in-state tuition discounts” to LSU? What of the transfer of public money to private contractors and their employees, like the 6 we see on our highways, intently watching 1 of their co-workers holding a “SLOW-MEN WORKING” sign?
In reading the relevant part of the bloated, impossible to comprehend, LA Constitution’s Article VIII, I can’t find a sentence that supports Judge Kelley’s conclusion yet here we are. Governor Jindal vows to appeal the case to LA’s Supreme Court. I have an interim suggestion: how about appealing Article VIII’s 4,587 words, MORE words than the ENTIRE text of the US Constitution, to a convention called to redraft said Article?
If parents REALLY want control over their children’s education and really desire that experience to produce greatness, our new Article VIII can be reduced 22 words: The legislature shall provide for the education of the people of the state but no public monies to that effect shall apply.