A policy of the Obama administration illustrates an axiom: As government expands, its lawfulness contracts. Consider the administration’s desire to develop a national curriculum for primary and secondary education.

The Department of Education is pretending that three laws do not mean what they clearly say.

This is documented in the Pioneer Institute’s report “The Road to a National Curriculum: The Legal Aspects of the Common Core Standards, Race to the Top, and Conditional Waivers” by Robert S. Eitel, Kent D. Talbert and Williamson M. Evers, all former senior officials in the Education Department.

The 1965 Elementary and Secondary Education Act (No Child Left Behind is its ninth iteration), which intruded the federal government into this traditionally state and local responsibility, said “nothing in this act” shall authorize any federal official to “mandate, direct, or control” a state’s, local educational agency’s or school’s curriculum.

The General Education Provisions Act of 1970, which supposedly controls federal education programs, stipulates that “no provision of any applicable program shall be construed to authorize” any federal agency or official “to exercise any direction, supervision, or control over the curriculum, program of instruction” or selection of “instructional materials” by “any educational institution or school system.”

The 1979 law establishing the Education Department forbids it from exercising “any direction, supervision, or control over the curriculum” or “program of instruction” of any school or school system. The Elementary and Secondary Education Act as amended goes further: No funds provided to the Education Department “may be used … to endorse, approve, or sanction any curriculum designed to be used in” grades K through 12.

However …

What authors Eitel, Talbert and Evers call the Education Department’s “incremental march down the road to a national curriculum” begins with the Common Core State Standards Initiative. It is not an initiative of any state legislature, but of a governors’ association, state school officials and some private foundations.

This push for a national curriculum advanced when the Race to the Top Fund (part of the 2009 stimulus) said that peer reviewers of applications for money should favor those states that join a majority of states in developing and adopting common standards. The 11 states and the District of Columbia that won Race to the Top funding had adopted or indicated an intention to adopt the Common Core State Standards, which will require changes in curricula.

“The goal of common K-12 standards is to replace the existing patchwork of state standards,” according to an Education Department synopsis of discussions with members of the public about priorities in competition for Race to the Top money. Progressives celebrate diversity in everything but thought.

The Obama administration is granting conditional waivers to states chafing under No Child Left Behind’s unrealistic accountability requirements. The waivers are contingent on each state adopting certain standards “that are common to a significant number of states,” or the state may adopt standards endorsed by its institutions of higher education — if those standards are consistent with the Education Department’s guidelines.

We have been warned. “In its most extreme form, national control of curriculum is a form of national control of ideas,” noted Joseph Califano, secretary of health, education and welfare in the Carter administration.

Laws are cobwebs. As government becomes bigger, it becomes more lawless. As the regulatory state’s micromanagement of society metastasizes, inconvenient laws are construed — by those the laws are supposed to restrain — as porous and permissive, enabling the executive branch to render them nullities.

George Will is a columnist for The Washington Post. He can be contacted at: georgewill@washpost.com