HI. CONSTITUTIONAL AUTONOMY
AND THE TRADITIONS OF HIGHER
EDUCATION
"A strong tradition prevails in
many states for dealing with the gov-
erning of higher education in the state
constitution. In The Campus and the
State, the authors point out that 'the
continual attention given higher edu-
cation in state constitutions does serve
to suggest the concern that has his-
torically existed in the public mind
over the topic.'7 This is not surpris-
ing. Education in general has tradi-
tionally been regarded as a very spe-
cial kind of public function, a func-
tion to be governed by overseers free
from most day-to-day political cross-
fires.
"In those states which early estab-
lished systems of public higher educa-
tion, there has been considerable con-
cern with the autonomy of these insti-
tutions. Some states established au-
tonomy for public higher education
in the act which created them. Col-
leges and universities as centers of
teaching and research have been
regarded as properly self-governing
within the framework of the state
constitutional system.
"Development of higher education
in recent decades has involved the
vast quantitative change in the num-
ber of students involved and an or-
ganizational change in that a variety
of higher education institutions have
been created and placed in a main-
stream of their own. The basic re-
7 M. moos & F. rourke, the campus
and the state 18 (1959).
280
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organization of higher education to
provide for its expansion has invari-
ably been followed by changes in the
state constitution. It is significant to
note that in those states that have
traditionally been regarded as pos-
sessing superior systems of higher
education, some form of constitu-
tional autonomy has been granted.
"In some states, legislative, rather
than constitutional, autonomy has
been enacted. While legislative au-
tonomy is more desirable than no
autonomy at all, it is less desirable
than constitutional autonomy. Under
constitutional autonomy the institu-
tions of higher education are guaran-
teed a degree of independence within
the framework of state government.
Their independence then is not a con-
stant issue but an extraordinary one.
The burden of proof is shifted to those
who wish to intervene in their affairs.
"Once again we urge that the Com-
mission recommend constitutional au-
tonomy for the State College System
because autonomy will serve the basic
needs of the State and higher educa-
tion. We argue that higher educa-
tion in Maryland is becoming an
increasingly major function of the
State, one which merits constitutional
attention. Governing the state col-
leges, which form such an important
part of Maryland's higher education
system, should be by an authority that
is (1) responsive to the people, (2) an
effective and efficient manager, and
(3) loyal to the traditions of higher
education."
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