Category: United States

  • Trump’s idea of peace in Gaza? Hotels and yacht clubs.

    Trump’s idea of peace in Gaza? Hotels and yacht clubs.

    U.S. President Donald Trump views Israel’s war on Gaza through the eyes of the real estate developer he was before he entered politics. 

    “We have an opportunity to do something that could be phenomenal,” he said at a joint news conference with Israeli Prime Minister Benjamin Netanyahu on 4 February. “And I don’t want to be cute. I don’t want to be a wise guy. But the Riviera of the Middle East.”

    He was talking about the possibility of forcing 2.2 million Palestinians from Gaza to make place for “the Riviera of the Middle East.”

    Elaborating the idea in social media posts and interviews, the U.S. president left no doubt that he saw one of the world’s most complex problems — the Israeli-Palestinian conflict — as a real estate deal.

    Trump explained that the United States could take over Gaza, a place where tens of thousands of people have been killed by Israeli air strikes and ground troops over the past 16 months. 

    Taking ownership of the conflict

    Israel has pummelled Gaza ever since 7 October 2024 when gunmen from the militant Hamas group stormed across the border, killed 1,200 Israelis and took more than 250 people hostage. 

     “I do see a long-term ownership position and I see it bringing great stability to that part of the Middle East and maybe the entire Middle East,” Trump said. “We’re going to take over that piece and we’re going to develop it, create thousands and thousands of jobs. And it will be something that the entire Middle East can be very proud of.”

    To make that possible, the people now living in the future Riviera must leave, possibly to neighbouring Jordan or Egypt, he said. 

    Leaders of both countries have rejected that idea, as has the Arab League, the Secretary General of the United Nations, Antonio Guterres and a host of human rights groups.

    Conspicuously absent from statements by Trump and officials of his administration was the matter of international law.

    The thorny issue of international law

    The forced deportation of civilians is prohibited by an array of provisions of the Geneva Conventions which the United States has ratified. 

    Forced deportation has been considered a war crime ever since the Nuremberg Trial of Nazi officials.

    The International Criminal Court lists the kind of forcible population transfer visualized by Trump’s Riviera of the Middle East plan as both a war crime and a crime against humanity. (The United States is not a member of the court because it never ratified the Rome Statute on the court’s establishment).

    The legal and geo-political arguments triggered by Trump’s controversial proposal often leave out the collective trauma that shapes the Palestinians’ national identity and political aspirations.

    That trauma dates back to the violence preceding the establishment of the state of Israel in 1948, more than 50 years after an Austrian Jew, Theodor Herzl, published a book (Der Judenstaat) that inspired the Zionist movement.

    A history of forced expulsion

    An estimated 700,000 Palestinians fled or were expelled from what is now Israel during the war between Zionist paramilitary fighters of the Haganah, the forerunners of today’s Israeli Defence Force, and regular soldiers of six Arab countries. 

    Palestinians call that forced exodus the Naqba (the catastrophe). At the time, many expected to return to their homes once the fighting was over.

    A resolution by the U.N. General Assembly seven months after the formal establishment of Israel provided for a right of return for those who fled. A General Assembly resolution in 1974 declared the right to return an “inalienable right.” 

    Like all General Assembly resolutions, the 1948 vote was not binding, but it was explicit: “Refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest possible date and that compensation should be paid for the property of those choosing not to return…”

    Neither happened but the concept that those who left had a right to return has lived on for four generations, with hopes fading gradually but not entirely. There are still families who keep as heirlooms keys to the houses they fled in the turmoil of the Naqba.

    How history plays out today

    This history helps explain why today’s Palestinians in Gaza take seriously Trump’s proposal to resettle them all and their fear that any resettlement would result in permanent exile. 

    Trump’s “Riviera” proposal came as a surprise, apparently even to Netanyahu who stood next to him at the press conference. But it appears to have been a subject of discussion inside the Trump family for some time.

    At an event at Harvard university in February 2024, Trump’s son-in-law, Jared Kushner, mused about the untapped value of the Gaza strip and its beautiful beaches. “Gaza’s waterfront property, it could be very valuable, if people would focus on building up livelihoods,” Kushner said. 

    He did not specify which people would do the building but his father-in-law appears to be determined that it would not be the people now living there. 

    Who, then? It’s one of many questions yet to be answered in the era of Trump 2.0.


    Questions to consider:

    • What is one problem Trump will have if he wants the United States to take over Gaza?

    • Why do many Palestinians take Trump’s threat of relocation seriously?

    • What makes the idea that people have the right to return to homes their ancestors were force out of complicated?


     

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  • What nations have the strongest democracies?

    What nations have the strongest democracies?

    In my capacity as a globetrotting Asianist, I frequently encounter people from the United States who want to brag about democracy. They are often surprised to discover how healthy it is in many Asian countries.

    The United States as the world’s longest standing democracy stands in contrast with its great geopolitical rival, China, one of the world’s most authoritarian political regimes. The U.S. Constitution came into effect in 1789, and famously begins with “We the people…” affirming that a government must serve its citizens.

    What’s more, U.S. law declares the promotion and protection of democracy, human rights and fundamental freedoms to be “principal” and “fundamental” goals of U.S. foreign policy. 

    But over the years, politics has evolved across both sides of the Pacific Ocean. By the measure of democracy set by the Economist Intelligence Unit (EIU) the United States now falls short.

    The EIU considers it a “flawed democracy” and ranks it 29th out of the 167 jurisdictions surveyed. The demotion from “full democracy” to a “flawed democracy” came in 2016, the year Donald Trump was elected to his first term as president.

    The EIU assesses democracy worldwide based on five criteria: electoral process and pluralism, functioning of government, political participation, political culture and civil liberties. In other words, there is a lot more to democracy than simply having elections.  

    Measuring democracy by world standards

    In this context, the United States scores poorly for its political culture. “The U.S. score is weighed down by intense political and cultural polarisation,” its report noted. “Social cohesion and consensus have collapsed in recent years as disagreements over an expanding list of issues have fuelled the country’s ‘culture wars’.” 

    Fault lines have deepened in particular over LGBTQ+ rights, climate policy and reproductive health. 

    Polarisation has long compromised the functioning of government in the United States and the country’s score for this category is also particularly low.  

    “Pluralism and competing alternatives are essential for a functioning democracy, but differences of opinion in the U.S. have hardened into political sectarianism and almost permanent institutional gridlock,” the EIU reported.

    Freedom House, a think tank which analyses freedom across the world, has also observed that democratic institutions in the United States have eroded. It cites: “Rising political polarisation and extremism, partisan pressure on the electoral process, mistreatment and dysfunction in the criminal justice and immigration systems and growing disparities in wealth, economic opportunity and political influence.”

    Democracy in Asia and the Pacific

    Across the Pacific, we find five “full democracies”: Australia, Japan, South Korea, New Zealand and Taiwan, although the EIU’s report preceded the current political turmoil in South Korea. The region also has 10 “flawed democracies,” including Malaysia, India, The Philippines and Indonesia.

    Singapore, a country which is often criticised for its soft authoritarian political system, is also assessed to be a flawed democracy. But there can be little doubt about the government’s effectiveness in delivering services to its citizens. Singapore’s technocratic and managerial style governance have generated one of the world’s most prosperous and efficient economies. 

    Its GDP per capita, which is a way of measuring the economic wellbeing of a country, is $148,000 — among the very highest in the world, and ahead of the United States, Germany or Japan.  

    When it comes to economic freedom, Singapore leads the world according to the Heritage Foundation, while the United States ranks a mere 25th out of the 176 jurisdictions surveyed. Other Asia-Pacific economies which rank well are Taiwan (4th) New Zealand (6th), Australia (13th) and South Korea (14th). 

    Human capital has long been a key ingredient in Singapore’s economic success story. Singapore’s students topped the OECD’s 2022 Programme for Student Assessment which assessed the capabilities for 15-year-old students from 81 countries and economies for reading, science and maths. Indeed, Japan and South Korea are also ranked in the top 10 countries. The United States was ranked 34th with a similar score to Vietnam.

    Education is key to democracy.

    When it comes to universities, the United States is still the world leader, with the Massachusetts Institute of Technology, Harvard University, Princeton University, Stanford University, the California Institute of Technology, the University of California, Berkeley and Yale University all being ranked in the top 10 by Times Higher Education.  

    But Asian universities are now climbing the ladder, with China’s Tsinghua University now number 12, Peking University 13th, National University of Singapore 17th, the University of Tokyo 28th and Nanyang Technological University Singapore 30th.

    Asian citizens also enjoy much higher life expectancies than U.S. citizens or those of most other developed countries. Hong Kong tops the list of the world’s highest life expectancy at 86 years, with Japan, South Korea, Australia and Singapore all being in the top 10.  

    In comparison, the United States ranks just 48th in the world; Americans live on average some six years less than Hong Kongers. 

    And while Singapore and many other Asian countries are notorious for restrictions on personal freedoms, the trade-off is a safe society and an efficient economy. For example, Singapore is estimated by research group Numbeo to have a much better crime index and safety scale than the United States or France.  

    No monopoly on democratic values

    My American friends seem insistent that their open and free-wheeling society represents a unique source of creativity and innovation.  

    There is no doubt some truth in this perception — U.S. companies dominate Forbes list of the world’s most innovative companies. At the same time, companies from India, South Korea, Indonesia, Thailand, China and Japan are now climbing up the Forbes list.  

    And while Switzerland, Sweden and the United States might top the Global Innovation Index, Singapore, South Korea, China and Japan are not far behind.

    Comparing the quality of democracy and governance is a complex exercise, something that a short article like this cannot sufficiently tackle.  

    But it is clear, based on a number of factors, that many Asian countries are doing quite well in developing systems of democracy and governance. The United States faces many deep challenges in contrast and could draw lessons from its Asian friends across the ocean.


     

    Three questions to consider:

    1. What is one common measure of democracy?
    2. In what way does the United States fall short on measures of democratic strength?
    3. What do you think is the most important characteristic of a democracy?


     

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  • What a peaceful transition of power looks like

    What a peaceful transition of power looks like

    On 20 January, Donald Trump will take the office of president of the United States for the second time. It remains to be seen how this second term — interrupted by the four-year term of Joe Biden — will play itself out. 

    The first time around, President Barack Obama had left Trump a relatively stable nation and world. Trump’s term proved so disruptive, 41 of his 44 top aides, including his own vice president, refused to back him for a return to office. The next four years are likely to be a bumpy ride.

    Americans have long prided themselves on the peaceful transition of leadership.

    Traditionally, on the morning of the transfer of power, the outgoing president meets with the incoming president for coffee at the White House, they share a ride to the Capitol, trade places and say goodbye. Trump scorned that tradition by flying home to his Mar-a-Lago club in the state of Florida a few hours before the inauguration.

    Before Trump, outgoing presidents tried to ease the transition by leaving notes offering advice and best wishes to their successors in the top drawer of the desk in the Oval Office. George H.W. Bush’s note to Bill Clinton, with whom he’d waged a bare-knuckles election campaign a few months earlier, was especially gracious. 

    “I wish you well. I wish your family well. Your success now is our country’s success. I am rooting hard for you,” Bush wrote.

    Peaceful transition signals a healthy democracy.

    The tradition of a peaceful transfer of power, which dates back to George Washington, crumbled four years ago when Trump, refusing to accept the voters’ rejection of his bid for another four years of office in the 2020 U.S. election, inspired an angry mob to storm the halls of Congress. Their aim was to block certification of Joe Biden’s election to succeed Trump, something that is generally considered a formality. The would-be insurrection failed.  

    Trump is now poised to again assume the highest office in the United States. To the surprise and disappointment of nearly half the country, he narrowly prevailed over Biden’s vice president, Kamala Harris, in last November’s bitterly contested presidential race. Bowing to tradition and a sense of decency, Harris conceded the election.

    “A fundamental principle of American democracy is that when we lose an election, we accept the results,” Harris said in her concession speech. “That principle, as much as any other, distinguishes democracy from monarchy or tyranny.” 

    The current transfer of power has proceeded peacefully and the inauguration itself is expected to follow the historic norm.

    While the transfer is usually thought to include just a few procedural events and the presidential oath-taking, it consists of much more and begins almost immediately after voters cast their ballots in the fall. 

    Handing over the reins of power

    If the election winner is new to the office of president, they and their team are briefed on issues and challenges they’ll face and undergo background checks to assure their avoidance of conflicts of interest and qualification to handle sensitive information.

    Normally, the focus of a transition is on appointments to top government positions and on policy changes. 

    With the Trump transition, both have been controversial. Some of the people he’s chosen for some of the most critical jobs are far out of the U.S. political mainstream. And some of the policies he says he intends to pursue — a massive nationwide roundup and deportation of illegal immigrants, the annexation of Greenland and a takeover of the Panama Canal to mention a few — are raising alarms in the United States and abroad.

    With the recent passing of former President Jimmy Carter, I can’t help remembering a time of sharp contrast to the one we are in now. 

    The 20th of January 1981 was one of the more memorable days in U.S. history. Carter had lost his bid for reelection in large part because he had been unable to secure the release of 53 U.S. diplomats and citizens who’d been held hostage in Iran for more than a year. He’d been up until 4 a.m. that day trying to sew up a deal for their release.

    It was almost done but still incomplete as he and incoming president Ronald Reagan rode up Pennsylvania Avenue together for the inaugural ceremony in a big black armored presidential limousine known as “The Beast.”

    Front row seat to a presidential transition

    I was one of the newsmen covering Carter that day. So I got a firsthand view of how the transfer of power unfolded. When we reached the U.S. Capitol, one of the television networks aired a report that the hostages had been freed. It was premature. 

    In a final indignity to Carter, the Iranians waited until minutes after Reagan was sworn in to let an Algerian aircraft chartered to bring the hostages home take off.

    What the new president said in his inaugural speech was all but lost in the celebrations over the end of the hostage ordeal. Once the formalities were over, Carter and his entourage — his wife Rosalynn, family members, top aides and a small group of reporters — walked to a small motorcade waiting outside the Capitol building. 

    In place of “The Beast” and a long trail of support vehicles was a small sedan and several vans. We slowly made our way to Andrews Air Force Base in the Maryland suburbs of Washington D.C. where a military transport plane waited to take Carter home to Georgia. 

    Although it was the same plane he’d flown on as president, its radio call sign was no longer “Air Force One.” Now it was identified as “Special Air Mission” followed by the aircraft’s tail number, “Twenty-Seven Thousand.” Reagan was president. Carter was history.

    Before turning south, the plane flew over the White House and dipped a wing. Many aboard were in tears. But the tears turned to laughter when a young Carter aide, Philip Wise, humorously borrowed a line from Dr. Martin Luther King Jr., the martyred U.S. civil rights leader. “Free at last, free at last. Thank God almighty, we are free at last,” Wise shouted.

    Witnessing the most powerful office in the world change hands was like living a real-life version of the storybook “Cinderella” and seeing the coach turn into a pumpkin.

    Having witnessed so many times in so many places where a change at the top was brought about by armed conflict or a military coup, this turnover from Carter to Reagan showed the world the power of a peaceful transition.


     

    Three questions to consider:

    1. Can you think of a recent changeover from one national leader to the next that wasn’t peaceful?
    2. If a new leader is appointed by the old one without an election, would you consider that a peaceful transition of power?
    3. If you were in an important leadership position, do you think you would find it difficult to step down?


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  • Top 10 U.S. Higher Ed Stories of 2024 with Robert Kelchen

    Top 10 U.S. Higher Ed Stories of 2024 with Robert Kelchen

    Robert Kelchen is a prolific higher education researcher and also the head of the University of Tennessee at Knoxville’s Department of Educational Leadership and Policy Studies. He is also a pretty steady blogger on higher education, but he doesn’t have the time to post quite as much as he did before he took on all those extra admin duties. One of the casualties of his reduced blogging schedule is that he no longer posts his regular “top ten” stories of the year in US higher education, which I, as an outsider, always used to find a handy way to keep track of what mattered over the long term in the US.

    But last year, Robert agreed to reprise his role of summarizer-in chief for us on the year’s final pod, and reaction was so positive, we thought we would have him on again for our final podcast of 2024. As always, Robert is sharp, succinct, and not one to shy away from unconventional calls. And so, without further ado, let’s hear Robert’s Top Ten.


    The World of Higher Education Podcast
    Episode 3.14 | Top 10 U.S. Higher Ed Stories of 2024 with Robert Kelchen

    Transcript

    Alex Usher (AU): Robert, let’s start things off. What’s your number 10 story this year?

    Robert Kelchen (RK): Number 10 out of the U.S. is more changes to big-time college athletics. It seems like things cannot stay stable, and that’s in part because there is so much money involved. So, the big changes this year are more teams changing athletic conferences. Everyone is trying to jockey for position in big-time college athletics to be on the right side of TV contracts. Never mind that the next round of TV contracts may look very different with people cutting the cord from cable. The other big piece is a landmark settlement with former athletes. That requires a financial settlement and then also athletes going forward are going to get about 20 percent or so of all revenue.

    AU: Gross revenue?

    RK: Yeah. So, this also affects the number of scholarships that programs can offer. Previously for big-time athletics, that number was limited. Now, it’s not limited. They focus more on roster sizes instead. This means colleges have some really tough financial choices to make. Because they have to pay athletes, and if they want programs to be competitive, they need to offer more scholarships. That means what will probably happen is some colleges are going to look at dropping sports to club status so they don’t have to pay for scholarships. While also keeping in mind they can’t just drop the women’s sports, at least under Title IX regulations. Although, who knows what’s going to happen for regulations.

    AU: We’ll get to that. We’ll get to that. Let’s move along to number nine.

    RK: Number nine is college closures. It always seems to hang on the list because we continue to see closures. We had a really chaotic closure in early June with the University of the Arts in Philadelphia. I don’t think they were on anyone’s radar for closing.

    Their public financials at the time looked decent, but then their accreditor stepped in, saying, “We’re going to shut you down,” and it happened within a week.

    It was apparently for financial reasons. And it wasn’t immediately obvious from the financial statements from, say, a year and a half ago, what was going on. But it seems like they just ran out of cash very quickly. And it got to the point where, with a week’s notice, students couldn’t finish, faculty couldn’t find jobs, and staff couldn’t find jobs. It was just the absolute worst way to do things.

    AU: Has the number of closures actually ticked up—I mean, you’ve made the point on many occasions that there are always program closures.

    RK: Yeah, you know, there are always program closures. They really did try to push a lot of the low-performing for-profits out, and there just aren’t as many now.

    But I think the big piece that’s coming now is not college closures as much as program closures and academic restructuring. It’s a great time to be a consultant in this industry. Because consultants are the ones brought in to help do the studies on this, identify programs that may need to be closed, and institutional leaders like it because someone else is making the tough calls.

    AU: What about number eight?

    RK: Does anyone want international student? They’ve been a cash cow for many institutions for a while now but that’s beginning to change. Australia’s gotten the majority of the global news coverage on this, with their efforts to try to cap enrollment, which is really divisive there, especially among the more rural institutions that would like more international students. You’re seeing it in Canada, the UK, and the US looking to move in that direction. That potentially creates opportunities in Southeast Asia or in Europe.

    Another wildcard in international students is what’s going to happen with both China and India? Where China is always at risk of having a major policy change, and there seems to be a fair amount of instability in India right now.

    AU: Number seven?

    RK: Number seven is state funding for higher education. There’s been a lot made in the U.S. about disinvestment in public higher education, but over the last decade or so, state funding for higher education in most states has been pretty strong. The states where it’s been the weakest are often the more politically liberal states, and that’s basically because they’ve had more longstanding budget issues. But a number of the more conservative states have funded pretty well, and state funding is at a two-decade high right now.

    I have a hard time seeing that continuing because state budgets have largely flatlined for the upcoming fiscal year. There have been some states that have gone down the route of tax cuts from post-pandemic money that’s starting to come due. But also, there’s just more skepticism about the value of public higher education. And there are states like Utah where enrollment is up substantially. But they’re looking at cutting funding and telling universities and colleges to expect less in the way of enrollment. This really creates the haves and have-nots in public higher education. The big-name public universities are growing like crazy. The regionally focused colleges are struggling mightily.

    AU: You’ve talked about a flight to quality among students. Is it likely that state funding starts to follow into the flagships more than it used to?

    RK: It depends in part on the funding model. If it’s an enrollment or performance funding type model, then that will happen. But also, states don’t want to see regional institutions fail. So they need to have some kind of capacity there.

    The big question that states have to wrestle with is how big they want their flagship institution to be. Do they want to push students to regional institutions? In some states, they have the governance structure in place to do that, even though it’s extremely politically painful. And in other states, there’s no centralization whatsoever, so there’s really nothing they can do about it.

    AU: What about number six?

    RK: Number six is the protests about the war in Gaza and the fall of several Ivy League presidents. I did some analysis back in the spring, and it was really only at a fairly small number of colleges, these protests. But they happened at the institutions that policymakers care about — the super-elite private colleges and some of the big public flagships. Congressional Republicans found that hauling in college presidents — especially women of color — plays really well to their base. And I think that was one of the reasons behind republican elector success.

    AU: That appearance in front of Congress by the presidents of Penn, MIT, and Harvard really was kind of the flashpoint of the year, wasn’t it? I mean, two of them were out within a month of that appearance. It’s another example of Americans assuming that what happens at a very small handful of prominent private institutions is actually reflective of something bigger, isn’t it?

    RK: That’s exactly it. And one of the big reasons is that so many of the policymakers and so many of the journalists — that is their sphere, that’s what they know. We’re also seeing a really interesting dichotomy as President-elect Trump announces his key political appointments. He’s abolishing the Department of Education, reforming higher education, but at the same time, all his press releases highlight the colleges these people went to. So, he’s saying, “They went to NYU, they went to Penn,” while simultaneously dumping on them.

    AU: Robert, what about number five?

    RK: Number five is the increased political realignment by educational attainment. It used to be that if people had a bachelor’s degree, there was a pretty good chance they were pro-business Republicans. That was a substantial part of the base — part of what really kept the party going post-Reagan through the George W. Bush years.

    Then, I think we saw a bit of this starting with Obama, and then it really moved forward. The Democrats made substantial gains among college-educated individuals, especially those with postgraduate degrees. Then Trump came in 2016 and really accelerated the realignment, where college-educated individuals shifted to the Democratic Party, while non-college-educated individuals moved toward the Republican Party.

    That is a sea change to where pollsters now are focusing on weighting polls based on education instead of race or gender. There are still divides in those areas, of course. But what this means for higher ed is that higher education has long been relatively apolitical in the U.S. — probably had a 50-year run that way. But that has started to change dramatically, and that change threatens higher education enrollment as well as public support for the sector.

    AU: It’s tough for a public university. I mean, it’s like saying hospitals are Democrats, right? Or K-12 schools are Republican. It’s weird for a public institution to be identified as partisan. It can’t be easy for public university presidents to be in that position. What can they do? What are they doing to try to reverse that trend?

    RK: One piece of it is who becomes a president of a university or system. We’re seeing more politicians take on those roles. Some of them are unsuccessful, but some of them are very successful as they try to be the bridge between academics and the legislature.

    The other big piece is focusing on outreach and the public mission. Public higher education has two main advantages: one is community outreach, which includes things like agricultural extension classes and community programming. The other is athletics like football, it’s a big driver of public support.

    AU: Okay, what about number four?

    RK: Number four is accreditation. It’s a topic that’s deep in the weeds for a lot of people, but it’s in the political spotlight right now.

    Two big examples stand out. One is the toughest accreditation job in the U.S., which is at the Southern Association of Colleges and Schools (SACS). We no longer have truly regional accreditation in the U.S. — that went away under the first Trump administration. But SACS is still largely focused on conservative southern states, and those states are not happy with accreditation. In Florida, for instance, they decided you have to switch accreditors every cycle. SACS President Belle Whelan is retiring, and I have no idea who in the world would want that job. That is probably the most difficult job in American higher education.

    AU: What’s the potential impact of accreditation becoming more politicized?

    RK: Some of it is just administrative burden for higher ed. If institutions are expected to switch accreditors or if accreditation standards change constantly, that’s a lot of administrative cost.

    But the bigger issue is, will accreditors uphold basic standards? They’ve largely punted on academic standards because every time they try, they get sued. They often win those cases, but it’s expensive. So, accreditors have largely focused on finance. But, the perception is that they’re focused too much on diversity, equity, and inclusion. SACS is actually the only major accreditor that does not require that.

    Another big pressure on accreditation is that several accreditors are now trying to push for shorter bachelor’s degrees. The U.S. traditionally has 120-credit bachelor’s degrees, but there’s a push for 90-credit degrees — shorter, faster, cheaper, better. There’s a strong rationale for it, but also concerns about educational quality. This could completely upend the higher ed finance system. If you get less revenue per student and you eliminate some of the upper-level courses, that might work. But it seems like they’re taking away more of the lower-level general education courses, and those courses subsidize other parts of the system.

    AU: Interesting. Okay, I think DEI has something to do with number three as well.

    RK: Yes. State governments are pushing higher education hard on more of these social issues. Texas and Florida have taken the lead on trying to ban any mention of diversity, equity, and inclusion. In a lot of conservative states — including mine — DEI is now known as “access and engagement” or “access and belonging” or something else. They don’t want to use those words because people expect emails and course syllabi to be searched for those terms.

    At the University of North Texas, for example, the new leader, who came from the Texas Higher Education Coordinating Board, required that all mentions of DEI be eliminated. They focused on the education school, which is also searching for a new dean.

    AU: But it’s gone beyond just excising words or renaming units. If I recall correctly, at North Texas, they were even getting rid of words like “racism” from course syllabi, which makes it hard to teach U.S. history, doesn’t it?

    RK: It does. There was a round of this about a half dozen years ago where the response was to get rid of the words and do the same thing, the legislatures did not like that so now they’re trying to go back and root all of these out.

    AU: Alright, let’s move on. What’s number two? We’ve got to be coming pretty soon to the election, right?

    RK: We are. But I actually don’t think the election is number one this year. The election of Trump is a big deal, and it will have large effects on American higher education. Will the U.S. Department of Education go away? I’m still extremely skeptical of that. Every Republican since 1979 has said they want to abolish it, but it’s difficult to get rid of an agency. And also, Republicans may have unified control in Washington, D.C., but it’s by the skin of their teeth. They can afford to lose, I think, only two votes in the House of Representatives, and it’s a fractured caucus. They’ve got a lot of other priorities, too.

    Plus, you have members looking ahead to 2026 and wondering if they can get re-elected when the majority party typically loses seats in a midterm election. So, it’s going to be a very unsettled, interesting time. But I don’t see the Department of Education going away.

    The bigger question is, what can sneak its way onto that one bill each year that can be passed completely on a partisan basis? The U.S. has a mechanism called reconciliation, where anything with a budgetary impact can go through the Senate with just 50 votes instead of 60. So, that’s where the action will be.

    If they wanted to make changes to student loans, for example, that would have a direct budgetary impact, so it could be part of a reconciliation bill. The challenge is then uniting the Republican caucus. They’re not always well-aligned. And they’ll have to figure out their priorities. Is it immigration? Is it tax cuts, since the Trump tax cuts are set to expire at the end of 2025?

    And even within education, how big is their focus going to be on K-12 education versus higher education? If history is any guide, K-12 will get most of the attention.

    AU: We also have a new Secretary of Education. She seems quite different from Betsy DeVos. What do you expect from her?

    RK: Yeah, she’s definitely different. Her name’s Jovita Carranza. She ran the Small Business Administration, and by all accounts, she got fairly good marks from employees over there. She’s actually one of the few high-level Trump appointees who did not go to an elite institution. She got a teaching certificate and a French degree from East Carolina University. I just found that fascinating. But I think it’s part of the strategy — put the person with a teaching credential in charge of the Department of Education. From a management perspective, she seems competent. From a policy perspective, it’s a little less clear.

    The stated goal is still to get rid of the Department of Education. But even if that’s their goal, actually pulling it off is another story. There’s legislation to basically break apart the department and shuffle its components into other federal agencies. But that’s a long, complicated process. I’d probably say the chances of it happening are maybe 5 to 10 percent at best.

    AU: Yeah, that sounds about right. Okay, bring us to number one.

    RK: Number one doesn’t come from the White House this year — it comes from the U.S. Supreme Court. And it’s a big one. The Supreme Court decision in Loper Bright overturned a 40-year-old precedent called Chevron. The Chevron doctrine gave federal agencies broad discretion to interpret laws where the statute was vague, and courts would generally defer to the agency’s interpretation. It was seen as a major source of power for the so-called “administrative state.”

    But conservatives have wanted to get rid of Chevron for years. They saw it as giving too much power to unelected bureaucrats. Well, they finally got what they wanted. The Supreme Court’s ruling says, “No more deference to agencies. If the statute isn’t clear, it’s Congress’s job to fix it.”

    AU: So why is that such a big deal for higher ed?

    RK: It’s a big deal because so much of higher education policy in the U.S. happens through administrative rulemaking. Look, the Higher Education Act hasn’t been reauthorized since 2008. Congress hasn’t done anything. So everything that’s happened since then — like changes to student loans, Title IX rules, and accreditation requirements — has been done through executive action or rulemaking by the Department of Education.

    With Loper Bright, that power is now significantly reduced. Agencies can no longer just “interpret” laws as they see fit. They need clear statutory authority from Congress.

    So, here’s the twist. Loper Bright was something conservatives pushed for because they didn’t like how Democratic administrations used Chevron to expand regulations on, say, environmental protection or labor standards. But now, with a Republican administration on the way, they’ve tied their own hands.

    If Trump wants to make big changes to higher education — like dismantling the Department of Education, reforming student loans, or changing Title IX — he’s going to have a harder time doing it through executive action. He’s going to need Congress, and Congress isn’t exactly known for its efficiency.

    AU: So, to summarize, when Democrats were in power, Chevron was seen as a bad thing because it gave them more power. But now, with a Republican in power, they’ve realized that Chevron would’ve been useful for them, too.

    RK: That’s it. It’s ironic, right? They dismantled their own ability to govern. And I think the Trump administration learned a lot the first time about how to effectively use executive authority. They were pretty bad at it in the early years, but they figured it out by the end. Well, now their hands are tied in some crucial areas.

    AU: So, in the end, the impact of the Trump presidency might be a lot less than people think because he won’t be able to wield executive power in the same way.

    RK: That’s quite possible.

    AU: Fascinating. Well, Robert, thank you so much for being with us today. It’s been a great ride, as always. We’ll see you back here in 12 months, and we’ll see how much has changed by the end of 2025.

    RK: Probably quite a bit.

    AU: Yeah, no doubt. Thanks, Robert. And it just remains for me to thank our excellent producers, Tiffany MacLennan and Sam Pufek, and of course, you — our listeners — for tuning in. If you have any questions or comments about today’s episode, feel free to reach out to us at [email protected]. And don’t forget to subscribe to our YouTube channel so you never miss an episode of The World of Higher Education.

    We’ll be back on January 9th with our first episode of the new year. Our guest is a mystery for now — you’ll just have to wait and see. Stay well, have a good holiday season, and bye for now.

    *This podcast transcript was generated using an AI transcription service with limited editing. Please forgive any errors made through this service.

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