alt.education

Jeff Strickland wrote:

>
> "Josh Rosenbluth" wrote in message
> news:AM6dnTW5g7YFZ3_anZ2dnUVZ_gudnZ2d@comcast.com...
>
>> Jeff Strickland wrote:
>>
>>>
>>> Nobody, well not anybody I know, "chooses" to ignore Biblical law wrt
>>> dealing with insolent children.
>>
>>
>> It ain't the courts. Your beef is with your elected officials.
>
> I do not agree. My legislators are not telling me I can't spank my kids.

Yes, they are. If it wasn't written as a crime in the statutes, you
could do it.

> And, if they are telling me that, they are telling me in response to
> court decisions that call pretty much any sort of discipline as abusive.

Citation?

> You could be right, but my instinct is that legislative action in this
> arena is reactive to judicial review.

Judicial review begins with legislative (or executive action). The only
way you could be right if is the legislature passed a law permitting
spanking, and the court stepped in and invalidated that law. I'm
confident there is no such case.

> In my example of the homeschool and CPS, the courts clearly jumped into
> an area of state law that is covered and works -- schooling -- and
> forced a family to send kids to school, and the court did it in such a
> manner that all home schools in the state may be shut down. The court is
> doing this, not the legislators.

In this case the legislature passed statutes which required schooling at
a public school, private school, or tutored elsewhere (including the
home) by a state-licensed teacher.

None applied to the parents and child in question, and so they sued
asking the courts to invalidate the legislature by declaring a
Constitutional right to home schooling.

Josh Rosenbluth