Institutional Independence is Fundamental to American Higher Education

Recent demands by the Trump Administration that colleges and universities make fundamental changes in how they are governed, whom they admit, what they teach, and whom they employ challenge the foundation of American higher education. Since the establishment of colonial colleges and the evolution of American jurisprudence, the courts have consistently protected colleges and universities from direct governmental control and have upheld the independence of their governing boards.

Central to this tradition is the foundational Dartmouth decision of the U.S. Supreme Court (Trustees of Dartmouth College v. William H. Woodward, 1819). This historic precedent has been credited with fostering a landscape of diverse ideas, groundbreaking research, entrepreneurship, innovation, and broader participation in American colleges and universities. In essence, protection from direct governmental administration has enabled our institutions of higher learning to thrive in a democratic society.

Of course, this is not how it works in authoritarian countries, where colleges and universities are controlled and directed as though they are simply other government agencies. A recent report from the Center for American Progress reveals how autocratic regimes in Turkey, Hungary, and Poland have eroded academic freedom and educational quality by reducing institutional independence and increasing political control over budgets, academic programs, and academic content in their institutions of higher learning.

In contrast, America’s government is not supposed to directly govern or manage colleges and universities—aside from service academies such as the U.S. Coast Guard Academy, U.S. Naval Academy, U.S. Air Force Academy, and U.S. Military Academy. The trend in increased governmental control of higher education in the United States is a serious threat. It is imperative that our nation continues to protect higher education from such governmental overreach.

State and federal governments have an appropriate regulatory role in American higher education. Institutions—whether public or private—must be licensed by states and accredited by national bodies for their students to qualify for federal financial aid or for the institutions to be authorized to operate. The federal government also regulates many operational aspects, from lab safety to accessibility. This oversight helps ensure that institutions are delivering a quality education.

However, effective governance requires the independence of trustees and institutions, which is as essential as academic freedom in sustaining high-quality higher education.

This principle was clear to me in the early 1990s while walking the streets of Washington, D.C., with a group of graduate architecture students from the newly independent Czech Republic. The students were participating in a short experiential education program through the Washington Center, where I was director of internships. As their faculty leader discussed the variety of architectural styles and materials around us, one student commented, “All we have learned to use for building materials is prestressed concrete.”

The student’s comment stuck with me. It underscored that when a government dictates what is taught and how—across disciplines such as architecture, sociology, economics, and political science—it is to a country’s detriment. Although the Czech Republic that emerged from the peaceful dissolution of Czechoslovakia has beautiful historic architecture, Soviet-controlled universities had trained these students to produce only utilitarian structures instead of innovative, forward-thinking designs.

The tradition of citizen trusteeship is what ensures that colleges and universities are not directly governed as state agencies. Trustees have the responsibility to protect institutional autonomy, particularly in decisions about admissions, hiring, and curricula.

Daniel Webster’s closing argument in the Dartmouth College case encapsulates this principle. Turning to Chief Justice John Marshall, Webster famously pleaded:

Sir, you may destroy this little institution; it is weak, it is in your hands! I know it is one of the lesser lights in the literary horizon of our country. You may put it out! But if you do so, you must carry through your work! You must extinguish, one after another, all those great lights of science which for more than a century have thrown their radiance over our land!¹

As Andrew Lounder observed in “The Dartmouth Decision” in the November/December 2019 issue of Trusteeship, “when Webster spoke those words, no one could have foreseen that their legacy would support the development of more than 4,600 public and private nonprofit colleges and universities—a sector that, despite its imperfections, remains an indispensable engine for American prosperity and influence around the world. This is a special legacy of trusteeship in the United States; one of conviction, commitment, and great courage.”

Call to Action

In an urgent response to increased political interference in higher education, AGB recently launched a national initiative to reaffirm the independence of higher education governance, calling on leaders to reject politicization, defend independent board governance, and preserve the core principles that ensure institutions remain focused on serving students and the public good.

Current and former college presidents, trustees, and faculty have also issued strong statements opposing intrusions into higher education governance, encouraging boards and presidents to speak out publicly and to challenge such intrusions in court. The importance of defending the governance of colleges and universities from direct governmental control has never been greater. In fact, recently, more than 80 current and former college presidents united in a powerful appeal, urging all who value the independence and impact of American higher education to defend one of the foundational pillars of our nation’s strength and prosperity:

Higher education is the greatest source of U.S. global competitiveness, cultural enrichment, and learning. By partnering with the federal government for decades, American universities have made lifesaving discoveries and increased the prosperity, safety, security, and creativity of our country.

Now is the moment for each of us—trustees, leaders, and citizens—to answer the call to stand firm in protecting the integrity of our colleges and universities.

Merrill P. Schwartz, PhD, is an AGB consultant and senior fellow, and a member of the board of directors of the University of Massachusetts Amherst Foundation.