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Published Jul. 2, 2008

Ok, so I've been mulling something around in my mind that is bothering me and I'm going to go ahead and break down and admit ignorance.

The Constitution of the United States does not give the Federal Government the power to provide education. The Federal government doesn't, I know this is a state thing.

What bothers me is this, with the above being the case, why is the Federal Government so hands on into education? Like passing bills such as the "no child left behind" or even Presidential candidate touting their spew.

Am I missing something?  Am I confusing something? It just seems like the Fed Gov't is getting their hands more and more into this issue. Just because they don't have the power, does it mean technically they don't "not" have it either?

 



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I've got a great idea. Since the Feds say that every child whether illegal or not must be given a public education, let the states sue the Fed government for money to build new schools instead of the taxpayers taking it in the shorts. This also goes for anything else the Feds say the states must provide and then expect the states to come up with the money. (Rant off).

"Just because they don't have the power, does it mean technically they don't "not" have it either?"

Whew! That's a lot of negatives. If I've sorted them all out correctly, I think you are correct. Education is not something explicitly enumerated as one of the Federal government's prerogatives.

But where the feds have power to intrude is when the states use their power to deny public education to a class of citizens. By segregating blacks prior to the Civil Rights Act, the states opened the door to federal involvement. Continued federal involvement is predicated in part by the belief of some legislators (not entirely unfounded) that states would revert to discrimination if left unchecked.

You also have the "carrot" problem. The feds dangle cash incentives to the states, and tie access to that money to compliance with some behavioral objective. The states are free to say no, but few have turned down the cash.

The Feds take our money, peel off their cut and send a small percentage of it back to us. For this we grant them complete control of our education systems and beg them to let us have more of our own money back.

How screwed up is THAT?

"We would need a wholesale clean out of most every politician on both sides of the isle to change the debate."

BRING IT ON! :)

I hear ya Cleopatra, but those are the things that get brought up each time. I agree it is making a pretzel out of the language so that it fits whatever they want.

We would need a wholesale clean out of most every politician on both sides of the isle to change the debate.

The Feds have no constitutional authority to do anything with education. But they get around that quite easily with money. States want Federal monies and the Feds attach strings to those monies. I wish we would get some b lls and tell them to stuff their money. I would even go so far as to withhold the almost 19 cents per gallon gas tax, keep it here and spend it here. Then again the morons on Jones street would spend it on something else like Poo at two.

"that Congress has the power to provide for the general welfare of the United States."

Oh great. Perhaps that lady in Carborro or UNC is right after all. Perhaps we do have the right to socialized health care, baby sitting etc...

Great, let's let the government screw that up too :)

There is the old standby, the commerce clause. Schools order and buy books and supplies from all over the country so Interstate Commerce is involved.

"that Congress has the power to provide for the general welfare of the United States." - Is often cited as covering the need for public (government) schools.

The lawyers get paid (often) by someone with their hands in the pot. Its the same reason half of America is doped up for no reason. Your physician is in bed with pharmaceuticals.

RYoung, hit nail on head.

But ryoung - so many people hate the "no child left behind" (For example). That was passed by the federal gov't. Couldn't some smart swift lawyer technically have it overturned citing the Constitution does not allow for the Fed Gov't to have that power?

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