By Richard K. Vedder | Posted: Tue. November 20, 2018
It took 149 pages of quasi-incomprehensible prose to state, but the U.S. Department of Education has finally done something positive: it has issued a proposed rule on the enforcement of the Title IX statute relating to sexual assault. It is to be commended because it follows the rule of law: the Department has formally proposed something that must, according to statute, be subject to public review and comment. This is in vivid contrast to the Obama Administration’s notorious 2011 “guidance” in sexual assault matters, which it issued without any opportunity for public comment or debate. The “guidance” technically had no formal legal standing, but universities treated it as if it were law.
If this procedure were allowed to occur regularly, zealous government bureaucrats could drastically change the rules by which American citizens live and work, totally independent of constitutionally provided provisions of representative democracy. Therefore, independent of the content, Secretary of Education DeVos’s issuance of a rule is more in keeping with constitutional principles. To be sure, a strong case can be made that we would be better off without central direction of higher education, and that the narrow approval of the Department of Education in the late 1970s was a mistake, but that is a discussion for another day...........To Read More.....
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