Obama is now planning to require students to perform unpaid community service every year. “Obama will call on citizens of all ages to serve America, by developing a plan to require 50 hours of community service in middle school and high school and 100 hours of community service in college every year.” Community organizers will welcome all the unpaid labor this makes available to them.
It is unclear if any federal power authorizes such a requirement: the Supreme Court’s decision in United States v. Lopez (1995), which struck down the Gun-Free School Zones Act as unconstitutional, made clear that private citizens and education are not inherently commercial enterprises subject to federal regulation under the Commerce Clause. (That decision was reaffirmed in United States v. Morrison (2000), which dismissed a federal lawsuit alleging violence between college students, as beyond federal jurisdiction).
My guess is that Obama will try to get around those decisions by conditioning federal grants to school districts on their mandating unpaid service by students. (The Supreme Court hasn’t struck down a spending-condition since United States v. Butler (1936)). Prior to the election, Obama supporters also spoke of sweetening the pot for college students (but not other students) by giving them a tax-credit in exchange for the community service.
The “Liberaltarians” — self-styled Libertarians who backed Obama – claimed that Obama wouldn’t require unpaid community service, which they regard as a violation of the Thirteenth Amendment (an argument rejected by federal appeals courts). But it turns out that they were wrong (and not for the first time).
UPDATE, November 8: Walter Olson of Overlawyered writes that after he publicized the Obama community-service requirement, and his post “began drawing thousands of visitors, the Obama website administrators at change.gov silently replaced the ‘require’ language with something new and different: ‘Obama will call on citizens of all ages to serve America, by setting a goal that all middle school and high school students do 50 hours of community service a year and by developing a plan so that all college students who conduct 100 hours of community service receive a universal and fully refundable tax credit ensuring that the first $4,000 of their college education is completely free.’ Robert Bidinotto noted the switch and Mike LaSalle saved the original page as a PDF for those who didn’t see it the first time. Glenn Reynolds did a second post taking note of the substitution and quoting the witty comment of reader Nancy Anne Potts: ‘Looks like the change.gov site is true to its title - it changes!’”
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Fascism
Since they are getting a diploma for their efforts, I don't see how this could be called “unpaid labor.” Maybe having to go to class and take a test is also “unpaid labor”?
The fact that you get a diploma for something doesn't make it kosher. What if your diploma was conditioned on joining a political party or Young Communist Youth Brigade or the Moral Majority?
By the way, I am not criticizing all unpaid labor as somehow being sinister. (If you re-read the post, you will see that I noted that federal appeals courts had rejected arguments that mandatory community service constitutes involuntary servitude in violation of the 13th Amendment).
But even assuming going to class in “unpaid labor,” it stands on quite a different footing than mandatory community service, from a pragmatic vantage point. It gives the student marketable skills, and enhances the economy as a result (at least in the context of K-12 education, which has positive externalities).
By contrast, doing some community service make-work does not so effectively impart such skills, and the mandate of community service can be used to provide free labor for political causes whose worth is not sufficient to enable them to acquire such labor on their own merits — essentially, a government subsidy.
Thomas Jefferson said it was sinful and tyrannical to force a man to pay money to causes he disagrees with. He might have felt the same way about forcing a man to perform unpaid labor for causes he opposes. (Of course, much of the labor supplied by a community service mandate is for causes the compelled parties are largely indifferent to, rather than hostile to, but even forcing a man to pay money to a group he is indifferent to would be regarded generally as a bad thing).
If community service was conditioned on adherance to some ideological or political cause it would be unconsititutional, and you know it. It isn't so conditioned, and it doesn't constitute a violation of the first amendment. The first amendemnt is the background condition of justice for all of our laws, so violations of conscience are not an issue.
You think that going to class is socially benificial becuase it “enhances the economy”. People who advocate mandatory community service believe it is socially benificial because it enhances civility. Enahcing civility is just as important, I would say more important, than churining out trained workers. “Enhancing the economy” by developing “marketable skills” is far less important than enhancing humanity by developing a sence of community. The fact that you characterize community service as “make work” says quite a bit.
If you were honest about your ideology, you would cut to the chase and simply advocate the shutting down of free, compulsary education all together. Jefferson, by the way, was one of the orginal advocates of a form of free public education in America. Truly a man ahead of his time, and one who would not fear community servce as somehow being contrary to our collective self-interests.
I went to a high school in a town of 400 people. That's 400 in the town, not in the school. There aren't any community service organizations in the town. What's he going to do? Bus them all to the nearest large city which is 90 miles away, or are we going to make 12 year old kids pick up trash along a busy highway? How safe is that?
The last time I checked, community service was a punishment for breaking a law. What crime did the kids do? Go to school? You're going to see kids drop out in record numbers. This should be a choice like it is now, not a requirement.
Dan, it's pretty apparent that you are, indeed, “community service deprived”. Living in a small, bitter town with no community service opportunities has done you deep, psychological harm. But not irreparable harm! Yes, you can!
Get out there and volunteer! It'll make a man out of you! Or at least a human being.
It's not like government schools actually teach students anything. >.> They're more like babysitters than educators these days.
Alan,
Where in a wheat field would you suggest I volunteer? Do I help a mouse climb a hill? Help the family dog dig a hole? Howl with the occasional coyote? (It's very cool to listen to them at night!) My small town isn't bitter. Everyone knows each other and are friendly people. We greet each other by name on the street. I know the families of most of my class mates. Can you say that, or do you live in a large, bitter city where murder is common?
Do you really approve of enslaving kids to the government? Involuntary servitude is illegal by the Constitution, but Obama doesn't agree with the Constitution. His swearing to “preserve, protect and defend the Constitution” in January will be a lie.
You've been brainwashed by Obama.
No I won't!
Don (not Dan!)
Cori, do you have any children in public schools? Or other direct experience with our public school system. Let me assure you, from personnel experience, public school teachers are not mere babysitters. On the whole they are hard working, dedicated professionals and they take their responsibilities seriously and do a good job.
Don, you arer one of the creative, entrepreneurial producers of our nation! I'm sure you will be able to come up with some volunteer opportunities, if you just apply yourself! Just do it, man! YES YOU CAN!
By the way, while the constitution does outlaw involuntary servitude, requiring community service as a condition for graduation is not involuntary servitude. You might have been lead astray by the article, which mentions “forced labor” in the title and frequently references “unpaid” labor. As Hans mentions in the article and made clear in his response to me, this requirement is not “a violation of the Thirteenth Amendment (an argument rejected by federal appeals courts).”
Now both Obama and Hans have Juris Doctorates from Harvard - (wonder if they were in the same class?). They both know their stuff and they seem to agree on this point. So where did you get your law degree, Don?
Alan,
It is obvious to me now that you have hijacked this form from Hans. That's too bad. It could have been a good topic of conversation. If anyone is thinking about posting on this form, please go someplace else.
Goodbye,
Don
Good by Don. Please go someplace else too. Hans and I want to be alone.
Now that Obama's organization has “clarified” his commitment to requiring communtiy service, do we acknowledge that the the “Liberaltarians†were correct?
Through the access of the through educational activity it also help us and to provide the common good of every one of us. As well as our country, like on the presidential debate barrack obama give him point of view regarding on the statement of the how does education help our country.
Education is truly an important aspect in the success of a nation. A new administration is about to take over, and education is a topic that’s hovering on the minds of many. What will president-elect Barack Obama do to improve the massive groups of students and teachers in America? In an article at The Apple, Obama’s first step into the development of education is focused on No Child Left Behind. He does not intend to scrap the program, but he does want to reform it, particularly when it comes to standardize testing. He is against preparing students all year to “fill out bubbles.†As long as the performance is up to standard, both Obama and Vice-President Elect Biden will support charter schools. Teachers at charter schools and beyond find Obama's incentives like Teacher Service Scholarships and various pay rewards hopeful. Moreover, a major part of the president-elect’s proposal is to enhance Early Head Start Programs and provide tax credits for college education. Restoring faith in the American educational system via these ideas and more will surely lead to the kind of credit repair the country needs – where the currency is a vibrant workforce that is equipped and ready to lead America into the future. Click to learn more about Credit Repair.