How T=to End the Title Nein Fascism in Five Minutes
9th June 2015
By now it is evident even to honest liberals that Title IX is an out of control monster that makes old fashioned political correctness and speech codes look like a John Stuart Mill seminar. The Laura Kipness episode at Northwestern University might prove a tipping point, but I doubt it: between the determination of the will-to-power left, the cravenness of most college administrations (including Northwestern’s feckless president Mort Schapiro—I’ve got a file on him, as this isn’t his first epic failure in academic leadership), and the push from the Alinskyites in the Obama Administration, the Title IX campus brownshirts are likely to roll on.
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The thing to note here is that the Clinton Administration’s “guidance” on Title IX was what is known in the regulatory trade today as an “informal” rule-making: the regulatory regime does not go through the normal Federal Register notice, public comment period, and judicial review that is intended by the Administrative Procedure Act. This is not an accident: activist liberals know that many of the regulations they want to foist in the world wouldn’t survive this formal process. So they rely on “Dear Colleague” letters that say, “If you don’t do what we say, we’ll investigate you for civil rights violations, and possibly cut off your federal funds.” The Obama Administration ran the same drill with a “Dear Colleague” letter demanding that universities set up investigations of harassment and intimidation claims with a lower evidentiary standard—i.e., without proper due process rights.
June 9th, 2015 at 10:04
This is the natural consequence of Congress abandoning its legislative function. Congress handed all power to the executive during the reign of the tyrant FDR. It will not be reclaimed without bloodshed.