Universities, nudged by faculty groups and unions primarily within the Big Ten, are floating a plan for a “Mutual Academic Defense Compact” (MADC). The idea is to create an alliance where member schools pool resources to defend each other against what they term “political attacks.” While presented as a shield for academic freedom and institutional autonomy, the MADC looks more like a coordinated strategy to sidestep accountability to elected governments, taxpayers, and the public, particularly regarding controversial programs and policies.
Breaking Down the Goals: A Pattern of Evasion
Examining the stated aims reveals a consistent thread of trying to avoid oversight and consequences:
- “Collective Defense”: This isn’t about protection in the usual sense. It’s about creating a shared war chest—funded by tuition, endowments, or potentially taxpayer money—to fight back against governmental investigations, audits, or legislative actions. It’s a mechanism designed explicitly to resist accountability measures imposed by elected bodies.
- “Resisting Political Interference”: This frequently serves as code for resisting laws, regulations, and oversight that university administrations or faculty dislike. It suggests an attempt to operate outside the normal democratic process where institutions are subject to political (i.e., governmental) direction, especially public universities. Shielding specific research agendas or programs, like contested DEI initiatives, from scrutiny under the guise of fighting “interference” is a direct dodge of public and governmental accountability.
- “Protect Academic Freedom”: While crucial, this principle can be misused. In the context of the MADC, there’s a risk it becomes a justification for insulating specific, often left-leaning, ideological viewpoints or controversial scholarship from legitimate criticism and external review, thereby evading intellectual and public accountability.
- “Support Vulnerable Communities / Uphold DEI”: The push to use pact resources to defend DEI programs is particularly telling. These programs face significant legal challenges and public criticism as discriminatory, promoting division, and chilling speech. The MADC aims to provide a financial and legal shield to prevent these programs from facing accountability through courts or legislatures, essentially using collective power to protect contested initiatives from consequences.
- “Mitigate Financial Pressure”: This goal is perhaps the most blatant attempt to avoid accountability. If a university faces funding cuts due to legislative decisions, declining enrollment, or public disapproval of its policies, the MADC seeks to use funds from other (potentially out-of-state) universities to cushion the blow. This undermines the basic principle that institutions should be accountable for the consequences of their actions and policies, including financial ones.
Who Benefits from Less Accountability?
The push from faculty senates and unions makes sense in this light. While ostensibly about high principles, the MADC also serves to protect the jobs, programs, and administrative structures these groups benefit from, insulating them from external pressures for change or justification.
The Interstate Roadblock to Evading Oversight
Here’s a major hurdle for the MADC’s accountability-avoidance strategy: its interstate nature. Pooling money, legal resources, and coordinating actions across state lines to resist state or federal governmental actions falls squarely into the realm of interstate activity.
The U.S. Constitution grants the federal government authority over interstate commerce (Article I, Section 8). Universities creating pacts explicitly designed to operate across state lines to countermand or resist governmental oversight are setting up a potential conflict with federal authority. The idea that universities can form such alliances to shield themselves from the laws and regulations that govern everyone else seems legally dubious. The federal government possesses significant regulatory and legal tools to assert its jurisdiction over such interstate arrangements. Expecting this pact to function as an accountability-free zone is likely unrealistic.
The Bottom Line
Strip away the lofty language, and the MADC looks like an orchestrated attempt by universities to insulate themselves from oversight and responsibility. Universities are not unaccountable entities; they are accountable to the public, to elected governments, and to the law. This pact appears designed to weaken those lines of accountability, particularly when it comes to controversial initiatives like DEI or unpopular financial decisions. Creating an interstate shield to dodge responsibility is a fundamentally flawed approach that challenges the basic principles of governance and is unlikely to stand without invoking federal scrutiny.
REFERENCE:
“Big Ten schools creating a ‘mutual defense compact’ against Trump actions”
“THE HILL” BY LEXI LONAS COCHRAN
APRIL 18, 2025
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