Freedom Watch
Give This Tax Credit Its Due
A Supreme Court ruling overturns the notion that private contributions are government property.
It is said, “The philosophy of the school room in one generation will be the philosophy of government in the next.” This sentiment underscores the critical nature of the debate surrounding parental choice in education—the same debate that was the center of a landmark Supreme Court case this past spring.
The spiritual, social, and academic principles instilled in the minds of our children will indisputably set the paradigm for America’s future. The question, then, becomes: Who will have ultimate control over how a child is educated—a bureaucrat who doesn’t know the child’s name, or a parent who would pour out his last drop of blood for the child?
In April, the U.S. Supreme Court handed down its decision in Arizona Christian School Tuition Organization v. Winn, overturning the notoriously biased Ninth District Court’s ruling against Arizona’s tuition tax credit program and throwing out the absurd challenge to the program. The Supreme Court’s ruling marks the culmination of 14 years of work—I authored the bill in 1995 and it passed in the Arizona state legislature in 1997. It is my prayer that it will prove, in the long run, to be a victory not only for children and parents in Arizona, but a victory for children, parents, and individual liberty nationwide.
Unlike the “voucher” approach, the funds in the tuition tax credit program never enter the government’s coffers. Instead, individuals are offered a dollar-for-dollar tax credit for any contribution they give to private School Tuition Organizations (STOs). The STOs—which must meet rigorous criteria, including a requirement that they spend at least 90 percent of all contributions to pay for scholarships—then apply the donated money to cover the education expenses of the children whose parents have applied to be a part of the program.
Because the government never touches the money, the tuition tax credit approach saves states money, creates a better education for all through the fundamental free market principle of competition, and overcomes the accusation frequently lobbied at voucher programs of “funding religion.” Contributions to the program come from private donors, not public funds; they are made on a purely voluntary basis and are used to send someone else’s child to a private school of his parents’ private choice. The provided tax credit merely incentivizes these private contributions.
Seeing that the structure of the tax credit program pulled the main line of reasoning from underneath their feet, the vehemently anti-school choice activists at the NEA and ACLU took their arguments to dazzlingly absurd new heights, claiming that the private contributions are still government property—that, in fact, all money is inherently government property (at least until the government is kind enough to “allow” citizens to keep a portion of their own paychecks).
The Ninth District’s ruling would have given those inclined toward liberal judicial activism grounds to raise constitutional challenges against any tax credit or program with which they disagreed. Everything from charitable contributions to tithes at your local church to tax credits for married couples and parents would have become fair game, and a massive new front in the war on traditional values would have been immediately created.
Though such radical collectivist dogma should not have been as close as a 5–4 vote, the Supreme Court’s decision nonetheless ensures the 100,000-plus children currently under scholarship in Arizona and eight other states (who would likely be unable to enjoy a private education otherwise) will continue to receive the best possible education and the tuition tax credit program will continue to serve as a model for the rest of the country.
Opponents of this program have spent 14 years trying to derail it through any means possible. Now that it has survived challenges at practically every level, including in the Arizona supreme court, the Ninth District Court of Appeals, and the U.S. Supreme Court, I pray that those attacks will end.
About the Author
Trent Franks is a Republican U.S. representative from Arizona.
Letter to the Editor View all comments (19) | Leave a comment
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Bill Hussein O'Stalin| 8.24.11 @ 6:12AM
A classic and novel idea! Ingenious!
Now, if we could only bring the same concept to the labor force, the environment and old age security.
Cosmo| 8.25.11 @ 2:31AM
Public schools are unconstitutional..
Appleby| 8.24.11 @ 7:00AM
We used to do this kind of thing routinely. Perhaps this will inspire creativity and private, voluntary associations once again. I recommend de Toqueville be required reading in each of these associations.
Ken (Old Texican)| 8.24.11 @ 7:28AM
Trent
Well done , good and faithful servant.
ENOUGH ROPE| 8.24.11 @ 8:41AM
The four lefties on the SCOTUS, Ginsburg, Sotomayor, Kagan, and Breyer upheld the idea that our money is the government's money. Thanks to all the misinformed voters in 2008 who voted for
The Marxist in Chief, we are afflicted with Sotomayor and Kagan who do not believe in the consent of the governed or in the Constitution. The lefty four believe in rule by the governing elites.
David W| 8.24.11 @ 8:46AM
Keep praying, because the left will continue its attacks until they win. It doesn't matter if the Supreme Court rules against them, they just have to wait until enough leftist judges are appointed so they can get their way.
Harry the Horrible| 8.24.11 @ 9:53AM
Y'all do understand that the government DOES, in fact, believe that ALL money is inherently government property, right?
In the government minds, every cent you EARN belongs to them. Why else would they call tax cuts "expenditures?"
They look forward to the day that you work, the government gets paid for your labor, and then distributes the proceeds as it sees fit.
MBD| 8.24.11 @ 10:31AM
Make that the Ninth Circuit Court of Appeals, not the Ninth District.
Harry the Horrible| 8.24.11 @ 11:42AM
I think the actual designation is "Ninth Circus," not Ninth Circuit.
Jack London| 8.24.11 @ 1:21PM
I don't get this - why are conservatives in favor of tax credits for funding religious organizations? I thought you were constitutionalists.
Michael Crites| 8.24.11 @ 4:57PM
Gee Jack, why didn't that occur to me. Of course we're obligated by the very same Constitution that you mentioned to support public education in all its follies and failures, and to be compelled (via threat of force) to contribute our finances.
Wait, what's that I hear? The Constitution doesn't demand that the government provide and control education for all young citizens? Oops, maybe conservatives are being consistent here after all.
Harry the Horrible| 8.24.11 @ 5:26PM
Maybe 'cause we're tired of being forced to fund secular humanism?
skip| 8.25.11 @ 2:03PM
No kidding you don't get this.
As your posts, archived throughout American Spectator, have proven over and over and over, leaving no doubt at all, you are a stupid lying idiot.
Equus Asinus Enthalpy London was here. Again.
cicero| 8.24.11 @ 1:28PM
From one who has been a practicing general practise attorney for over 42 years, I can attest to the fact that our judiciary has done more to destroy the culture of country than any other single force. The fact that the vote on this case was 5 to 4 should send a warning. The new justices will be on the bench for a long time. Breyer and Ginsberg will be gone in the next cycle, unless thay decide to retire and give Obama two more appointments. The long slide began in the 60s and continues. This is a problem throughout the judiciary, from the lower trial courts all the way up. The judges think they are there to make Solomonic type determinations, rather than uphold the laws passed by the legislatures. They believe that all law devolves down to the "law of equity". They become the arbiters of "What is fair".
Fly| 8.24.11 @ 2:27PM
The lefty four believe in rule by the governing elites.
http://www.wholesalesunglassesbrands.com
PCP Smoker| 8.24.11 @ 9:49PM
Fourteen years of work. Awesome spirit. You are fighter. Let that be a lesson to you RINO wimps willing to cut and run when the Left disagrees with you.
PCC| 8.25.11 @ 12:27AM
A great idea and an admirable public servant.
mickeywhite| 8.26.11 @ 11:40PM
Marsha Blackburn Voted FOR:
Omnibus Appropriations, Special Education, Global AIDS Initiative, Job Training, Unemployment Benefits, Labor-HHS-Education Appropriations, Agriculture Appropriations, FY2004 Foreign Operations Appropriations, U.S.-Singapore Trade, U.S.-Chile Trade, Supplemental Spending for Iraq & Afghanistan, Flood Insurance Reauthorization , Prescription Drug Benefit, Child Nutrition Programs, Surface Transportation, Job Training and Worker Services, Agriculture Appropriations, Foreign Aid, Debt Limit Increase, Fiscal 2005 Omnibus Appropriations, Vocational/Technical Training, Supplemental Appropriations, UN “Reforms.” Patriot Act Reauthorization, CAFTA, Katrina Hurricane-relief Appropriations, Head Start Funding, Line-item Rescission, Oman Trade Agreement, Military Tribunals, Electronic Surveillance, Head Start Funding, COPS Funding, Funding the REAL ID Act (National ID), Foreign Intelligence Surveillance, Thought Crimes “Violent Radicalization and Homegrown Terrorism Prevention Act, Peru Free Trade Agreement, Economic Stimulus, Farm Bill (Veto Override), Warrantless Searches, Employee Verification Program, Body Imaging Screening, Patriot Act extension.
Marsha Blackburn Voted AGAINST:
Ban on UN Contributions, eliminate Millennium Challenge Account, WTO Withdrawal, UN Dues Decrease, Defunding the NAIS, Iran Military Operations defunding Iraq Troop Withdrawal, congress authorization of Iran Military Operations, Withdrawing U.S. Soldiers from Afghanistan.
Marsha Blackburn is my Congressman.
See her “blatantly unconstitutional” votes at :
http://mickeywhite.blogspot.co.....votes.html
Mickey