By the Hon. William Wagner (Ret.) WFFC Distinguished Chair for Faith & Freedom, Spring Arbor University Abstract This Issue Brief contends that Federal involvement in education rests on unstable constitutional ground and that renewed efforts to dismantle the U.S. Department of Education (ED) highlight, rather than resolve, deep structural questions about federalism, ordered liberty, and religious freedom. Drawing on constitutional text, original meaning, historical practice,

The Michigan Department of Education’s most recent revision of the Health Education Standards represents not merely administrative fine-tuning, but a wholesale ideological shift in the purpose and scope of health instruction in Michigan schools. The Board voted to approve the updated health-education/sex-education standards on Thursday, November 13, 2025. The magnitude and nature of these changes raise profound constitutional concerns—particularly regarding parental rights, l

Executive Summary   Some athletes claim legal protection for new classifications flowing from fluid gender identity formulations, rather than objective biological science showing sex as immutable. When this contemporary cultural clash challenged the advancement of fairness for women in sports, the National Association of Intercollegiate Athletics (NAIA) sought a just resolution.   An NAIA Task Force conducted a two-year study under the direction of the Council of Presidents.

Judicially active writing—what some call organic jurisprudence—erodes the Rule of Law by empowering judges to abandon their limited duty of applying the Constitution and laws, and instead to usurp the policymaking authority reserved to the elected Executive and Legislative branches. When lawyers encourage courts to create conclusions not textually grounded in statutory law or the Constitution, they bypass the democratic process and enable judges to substitute unprincipled jud