The DOE 1577-page Title IX ruling is titled Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.
https://www2.ed.gov/about/offices/list/ocr/docs/t9-unofficial-final-rule-2024.pdf
Contrary to implications of the Bee article, the regulations don’t just cover college sports, but everything that happens in any school from kindergarten on up. In reading the regulations you will discover sexual stereotypes are male and female. In reading you will find court cases sited among comments, and that the DOE makes its own decisions about which to follow. If anyone has a problem, they can appeal to the Administrative Court within the DOE.
Now how does all relate to our Constitution? There is a huge back story here, but let’s begin with FDR. Franklin Roosevelt established a myriad of agencies staffed by unelected, unconfirmed experts who ruled and did not serve citizens.
Instead of legislating, a compliant Congress created legislators residing within impenetrable agencies. Instead of inherent individual liberties constraining government, a host of bureaucrats conferred rights upon and applied constraints to those who were citizens. Later Congresses followed the same path.
The best article I have found so far on the subject is called The History and Danger of Administrative Law by Philip Hamburger. I linked to it below. Such power harks back to discretions of English kings unrestrained by Parliament found in such places as King’s Council and the Star Chamber. Hamburger reminds us the Constitution says, “’All legislative Powers herein granted shall be vested in a Congress of the United States”. He then says, “The word ‘all’ was not placed there by accident. The Framers understood that delegation had been a problem in English history, and the word ‘all’ was placed there precisely to bar it”.
The History and Danger of Administrative Law
https://constitutionclub.wordpress.com/2014/10/01/the-history-and-danger-of-administrative-law/
Little remains of our Republic, but all may not yet be lost. On April 14, 2023, the Supreme Court in a 9 to 0 ruling struck a blow supporting our Constitution and individual liberties. The Court acted to reassert the jurisdiction of district and circuit courts and the legislative branch. Justice Elana Kagan delivered the unanimous opinion of the court saying, “One respondent attacks as well the combination of prosecutorial and adjudicatory functions in a single agency….They maintain in essence that the agencies as currently structured, are unconstitutional in much of their work”.
Supreme Court 9, Administrative State 0
https://freerepublic.com/focus/f-news/4145682/posts
Until that ruling permeates the Administrative State it looks like daughters and granddaughters are in for some unpleasant experiences from the predatory lizards that dominate government.
“. Until that ruling permeates the Administrative State ...”
So never happening.
Thank you.