Comments on: Constitutional Schooling. On Education

By: C Ken Davis Sr

C Ken Davis Sr — Wed, 06 Apr 2011 13:30:54 +0000

1973 ruling by supreme court: San Antonio independent school district v. Rodriquez, 1973 – The Constitution does not compel government to provide services like education or welfare to the people. Rather it places boundaries on government action.

By: Bob Greenslade

Bob Greenslade — Wed, 30 Mar 2011 23:10:24 +0000

During the debates in the Federal [Constitutional] Convention on August 18, 1787, it was proposed to grant Congress the power “[t]o establish an University.” The proposal was not acted upon until September 14 when Mr. Madison and Mr. Pinkney “moved to insert in the list of powers vested in Congress a power —'to establish an University, in which no preferences or distinctions should be allowed on account of Religion.’” Their proposal was rejected.

If the delegates to the Federal Convention had structured the Constitution to grant the federal government general power over education, then why, three days before the Convention adjourned, was a proposal made that would have vested Congress with a special power? And if the federal government was denied the constitutional power “to establish an University” when the Constitution was written and adopted, where does it get the power to fund universities today?

Even in the dark halls of Washington D.C. one can find admissions that the federal government does not have any constitutional authority over education within the several States. On the website of the National Archives is a section that contained questions and answers on the Constitution (if it has not been removed). The source of the information was a book written by Sol Bloom in 1937 entitled: “The Story of the Constitution.”

"Questionâ€•Where, in the Constitution, is there mention of education?

Answerâ€•There is none; education is a matter reserved for the States."

Since the Constitution has not been amended since Mr. Bloom’s book was written, education is still a matter reserved to the States. Thus, any federal intrusion into the field of education is nothing but a usurpation of power and a violation of the Constitution.

By: Philosopherking

Philosopherking — Wed, 30 Mar 2011 20:26:48 +0000

I think a lot of people actually believe that federal education mandates are legal under the constitution so I have to give them a break but some people deliberately work their buts off to find some interpretation that says education is in there. These people upset me quite a bit since they make me do mental gymnastics to prove them wrong or they use loose and broad definitions to get what they want. A good example is 'general welfare'. In there eyes that means everything under the sun.

By: Len

Len — Wed, 30 Mar 2011 13:44:01 +0000

Not to mention that such a power was specifically debated and rejected during the federal convention.

By: Austin H.

Austin H. — Wed, 30 Mar 2011 10:49:51 +0000

They are zombies, they can't help it.