Federal Control: The Hidden Agenda Behind Trump's Higher Education Compact
The University of Virginia and Cornell have signed agreements with the federal government, touted as compromises that allowed these institutions to preserve their autonomy. However, a closer examination reveals a far more sinister deal - one that subjects these universities to federal control, undermines academic freedom, and sets a perilous precedent for higher education in America.
At its core, President Trump's compact is thinly veiled attempt at federal takeover of state and private institutions. The agreements with UVA and Cornell appear to focus on diversity, equity, and inclusion programs, safeguarding academic freedom, and avoiding external monitoring or monetary penalties. But the reality is more nuanced.
UVA's deal provides that if the university makes unspecified changes to its DEI programs, the federal government will close currently open investigations into the university. However, this agreement does not provide a clear path for UVA to exit these investigations; instead, it contractsually binds the university to the Trump administration's definition of discrimination. This definition outstrips anything required by law and may force UVA to violate statutory and constitutional law.
The University of Virginia's student body has never looked like its state, with Black students being severely underrepresented. The agreement forecloses all efforts to pursue the perfectly constitutional goal of increasing racial diversity in a state with a long history of discrimination and exclusion. Moreover, the agreement places UVA in grave financial jeopardy by reserving the right for the federal government to terminate the agreement at any time.
The administration's guidance is riddled with ambiguities and internal contradictions, making it difficult to determine what is permissible under these agreements. For instance, if a university provides an admissions boost to students who have experienced economic hardship or are first-generation college students, would that violate its agreement? The ambiguity creates a chilling effect, where universities may avoid any speech or conduct that might attract negative attention from the Trump administration.
Both agreements affirm "academic freedom" and promise no interference with curricula or the free expression of ideas. However, if universities can be subject to drastic financial penalties anytime the federal government decides it is not complying, it creates a strong incentive for administrators, faculty, and students to self-censor. This federal control cuts to the heart of the freedom of inquiry that allows universities to contribute to innovation, economic prosperity, and knowledge creation.
The refusal of university leaders to sign Trump's compact is courageous and important. However, bespoke deals like these set a perilous precedent that should alarm all Americans. As we move forward, it is essential to recognize that federal control over higher education is not a solution but a threat to the very foundations of academic freedom and innovation.
**Author's note:** This article was written with Amanda Shanor and Serena Mayeri, law professors at the University of Pennsylvania.
The University of Virginia and Cornell have signed agreements with the federal government, touted as compromises that allowed these institutions to preserve their autonomy. However, a closer examination reveals a far more sinister deal - one that subjects these universities to federal control, undermines academic freedom, and sets a perilous precedent for higher education in America.
At its core, President Trump's compact is thinly veiled attempt at federal takeover of state and private institutions. The agreements with UVA and Cornell appear to focus on diversity, equity, and inclusion programs, safeguarding academic freedom, and avoiding external monitoring or monetary penalties. But the reality is more nuanced.
UVA's deal provides that if the university makes unspecified changes to its DEI programs, the federal government will close currently open investigations into the university. However, this agreement does not provide a clear path for UVA to exit these investigations; instead, it contractsually binds the university to the Trump administration's definition of discrimination. This definition outstrips anything required by law and may force UVA to violate statutory and constitutional law.
The University of Virginia's student body has never looked like its state, with Black students being severely underrepresented. The agreement forecloses all efforts to pursue the perfectly constitutional goal of increasing racial diversity in a state with a long history of discrimination and exclusion. Moreover, the agreement places UVA in grave financial jeopardy by reserving the right for the federal government to terminate the agreement at any time.
The administration's guidance is riddled with ambiguities and internal contradictions, making it difficult to determine what is permissible under these agreements. For instance, if a university provides an admissions boost to students who have experienced economic hardship or are first-generation college students, would that violate its agreement? The ambiguity creates a chilling effect, where universities may avoid any speech or conduct that might attract negative attention from the Trump administration.
Both agreements affirm "academic freedom" and promise no interference with curricula or the free expression of ideas. However, if universities can be subject to drastic financial penalties anytime the federal government decides it is not complying, it creates a strong incentive for administrators, faculty, and students to self-censor. This federal control cuts to the heart of the freedom of inquiry that allows universities to contribute to innovation, economic prosperity, and knowledge creation.
The refusal of university leaders to sign Trump's compact is courageous and important. However, bespoke deals like these set a perilous precedent that should alarm all Americans. As we move forward, it is essential to recognize that federal control over higher education is not a solution but a threat to the very foundations of academic freedom and innovation.
**Author's note:** This article was written with Amanda Shanor and Serena Mayeri, law professors at the University of Pennsylvania.