Article 1 Section 8, Attorney General Eric Holder, Eric Holder, Freedoms, German Home Schooling Family, Home Schooling, Homeschooling, Individual Rights, Liberty, Political Asylum, U.S. Homeland Security, Uwe and Hannelore Romeike
My own children have never stepped foot in a brick and mortar classroom. My husband and I decided that we were going to home school when our first child was born. That was 13 years ago and we’ve never looked back. I have always taken it for granted that our right to home school was something that could be never taken away, but today my belief that this is a right has definitely been shaken.
Today, I found out that the Obama Administration is trying to deport the German Christian home schooling family that is seeking political asylum in the United States. U.S. Homeland Security and the Attorney General Eric Holder are challenging the political asylum granted by Immigration Judge Lawrence O. Burman to Uwe and Hannelore Romeike and their children in January 2010.
Give me your tired, your poor … but not your homeschooled.
The government of the United States – land of the free, home of the brave, the world’s melting pot – is attempting to deport a German family that fled to America to homeschool their children. statute of liberty crying
Uwe and Hannelore Romeike’s children were persecuted at their German public school because of their fervent Christian beliefs. That, coupled with the fact that the Romeikes found material they deemed inappropriate in the school’s textbooks, drove them to homeschool their children.
Homeschooling – a freedom that many in the United States take for granted – is illegal in Germany. In a 1938 ruling that conjures up chilling reminders of the Nazi regime, the Supreme Court of Germany stated that the homeschooling ban was put in place to “counteract the development of religious and philosophically motivated parallel societies.” Though Hitler’s reign is long over, this law remains in effect.
Despite the risks, which included fines, jail time and losing custody of their six children, the Romeikes took it upon themselves to educate their youngsters. When the government discovered this in 2008, it forcibly removed the Romeike children from their home and fined their parents thousands of euros. Uwe and Hannelore decided their only remaining option was to seek political asylum in the United States.
Initially, things went well for the Romeikes. They were granted political asylum by Immigration Judge Lawrence O. Burman in January 2010 and relocated to Tennessee. In his ruling, Judge Burman states, “This is not traditional German doctrine, this is Nazi doctrine, and it is in this Court’s mind, utterly repellant to everything that we believe in as Americans.”
But the U.S. Department of Homeland Security and Attorney General Eric Holder view the situation differently. The government challenged Judge Burman’s ruling and asked the court to rescind the family’s political asylum and deport the Romeikes to Germany. If that occurred, the parents could face astronomical fines, jail time and even the loss of their children.
The U.S. Immigration Board of Appeals sided with the government and reversed Judge Burman’s decision in May 2012.
“[The government] didn’t have to appeal it in the first place,’ says Michael Donnelly, director for international affairs at the Home School Legal Defense Association (HSLDA), which is representing the Romeikes. ‘They could have just left it alone when we won at the trial court level, but they decided to appeal it.”
Read the full article here at EAGNews.org.
I am further at a loss based on the following Supreme Court Decision:
Pierce v. Society of Sisters of the Holy Names of Jesus and Mary, 268 U.S. 510 (1925), was an early 20th century United States Supreme Court decision which significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution. The Compulsory Education Act, prior to amendment, had required all Oregon children between eight and sixteen years of age to attend public school. There were several exceptions incorporated in this Act:
1. Children who were mentally or physically unable to attend school
2. Children who had graduated from eighth grade
3. Children living more than a specified distance by road from the nearest school
4. Children being home-schooled or tutored (subject to monitoring by the local school district)
5. Children attending a state-recognized private school
The Act was amended by the 1922 initiative, which would have taken effect on September 1, 1926, eliminated the exception for attendees of private schools. Private schools viewed this as an attack on their right to enroll students and do business in the state of Oregon.
Associate Justice James Clark McReynolds wrote the opinion of the Court. He stated that children were not “the mere creature[s] of the state” (268 U.S. 510, 535), and that, by its very nature, the traditional American understanding of the term liberty prevented the state from forcing students to accept instruction only from public schools. He stated that this responsibility belonged to the child’s parents or guardians, and that the ability to make such a choice was a “liberty” protected by the Fourteenth Amendment. Ibid.
“The fundamental theory of liberty upon which all governments of this Union rest excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only.” P. 268 U. S. 535.
More reasons why home schooling should not only be allowed, but promoted:
There is no convincing evidence that certified teachers are more effective in the classroom or that ed-school-based training helps.
See Dartmouth study for evidence that certification has very little effect on student achievement.
“…private schools appear to do fine- perhaps better-without being compelled to hire state certified teachers.”
Chester Finn, Troublemaker, p. 283.
And in today’s educational news — “Nearly 80 percent of New York City high school graduates need to relearn basic skills before they can enter the City University’s community college system.”
Homeschooling or even education is not once mentioned in the Constitution. Article 1 Section 8 of the Constitution enumerates the powers of the federal government. See if you can find education in there?