One question that should be addressed first is how much of the UTTC plan should be established in the Constitution as opposed to statutory law. It would be possible to amend the Michigan Constitution to simply permit tax credits, and then leave it up to the Legislature to implement such a system. There are, however, several problems with such an approach. First, opponents of parental choice in education, the most vociferous of which are the public school employee labor unions, have attacked such proposals by obfuscation. The more that is left to doubt regarding the specific details of a choice plan, the more opportunity its opponents have to paint a picture of bizarre and harmful situations that may occur under whatever plan does arise. Secondly, Michigan parents have little ability to influence the Legislature in matters of education reform when compared to the considerable power of the public education establishment (which includes administrators and teacher unions), which views parental choice as a threat to its operations.

It would be possible to amend the Michigan Constitution to simply permit tax credits, and then leave it up to the Legislature to implement such a system. But there are several problems with such an approach.

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