Rumsfeld v. Forum For Academic and Institutional Rights (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
May 24, 2024, 02:04:50 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Rumsfeld v. Forum For Academic and Institutional Rights (search mode)
Pages: [1]
Poll
Question: Does the Solomon Amendment, which witholds certain federal funds from colleges and universities that restrict the access of military recruiters to students, violate the First Amendment?
#1
Yes
 
#2
No
 
Show Pie Chart
Partisan results

Total Voters: 9

Author Topic: Rumsfeld v. Forum For Academic and Institutional Rights  (Read 1582 times)
Emsworth
Junior Chimp
*****
Posts: 9,054


« on: January 21, 2006, 07:38:07 PM »

No. It is true that the government may not indirectly abridge the freedom of speech by denying funding that it would have otherwise granted. This, however, is not an issue of speech, but of military recruitment. The government is not attempting to censor any speech; rather, it is merely asking that, in return for federal funding, universities should allow military recruiters on their property.

It should be noted that the original grants of money are themselves unconstitutional. The power to fund universities is not enumerated in the Constitution.

By accepting federal funds the university becomes a state actor ...
I do not believe that this conclusion is constitutionally justified. Do poor people become state actors when they receive welfare?
Logged
Emsworth
Junior Chimp
*****
Posts: 9,054


« Reply #1 on: January 21, 2006, 08:37:36 PM »

"The Congress shall have Power To ... provide for the ... general Welfare of the United States" seems broad enough to support the constitutionality of Federal research grants.
The Framers were divided between two possible interpretations of the general welfare clause: one proposed by Madison, and another by Hamilton. Neither interpretation seems to justify giving money to universities.

Madison argued that the general welfare clause was not an indepdent source of power. Rather, the term "general welfare" was (according to him) merely a synonym for the enumerated powers considered collectively. Thus, the general welfare clause did not confer any new authority, but merely functioned as a limitation on the power to tax. Under this interpretation, it is clear that federal research grants are not constitutionally permissible.

Hamilton argued that the general welfare clause was indeed an indepdent source of federal authority, over and above the enumerated powers. However, he did not believe that the spending power was unlimited. He argued: "The only qualification of the generallity of the Phrase in question, which seems to be admissible, is this--That the object to which an appropriation of money is to be made be General and not local." Arguably, education is a purely local rather than "General" (i.e., federal) issue.

Quote
You must be logged in to read this quote.
I agree, but I would not characterize one who receives money as a "state actor." I was under the impression that this term is normally reserved for government itself, and not applied to private entities who are not acting on the government's behalf.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.021 seconds with 13 queries.