SOUTH BRONX SCHOOL: Government Interference In Education Is Unconstitutional

Thursday, January 21, 2010

Government Interference In Education Is Unconstitutional

I go back and forth about this healthcare thing going on. I am for it, against it, for it, against it. Yes, I flip flop. I think the system is broken and it needs to be fixed. On the other hand, I got mine and I don't want anyone messing with my health insurance. But I tend to lean towards that this is a states rights issue, and government involved in healthcare could only screw it up more. I mean this is what we hear from Limabuagh, Hannity, Beck, Levin, FOX, and the Tea Baggers.

But where are these states rights, limited government, constructionist, government stay the hell out of my life types with the federal government dictating how STATES should educate its children? By this I mean NCLB, or Race To Kiss Up To Arne Duncan, or better know as Race To The Top.

We here at SBSB went over the United States Constitution with a fine tooth comb. We analyzed it extensively and found no mention that the federal government should be involved in local education.

In fact one might argue that the Commerce Clause, "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes," comes close, but education is not commerce.

What about the Proper and Necessary clause? "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof," Nope, don't see it there. That only pertains to what the powers of Congress are, and regulating education is not one of them.

But what has been ignored in all this is the tenth amendment to the Constitution, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

NCLB, RTtT is unconstitutional. Any involvement by the federal government is unconstitutional. What do we do? Simple, each and every educator, parent, person with a brain should become a Tea Bagger. Tea Baggers for Education!!!

1 comment:

sleepwalker said...

Hey- it's not really a constitutional issue. States don't have to participate in NCLB or RttT, they are incentivized to participate. So in exchange for specific funding they agree to certain accountability schemes. When a few states tried to opt out of NCLB, I think CT was one, the Feds threatened to hold Title 1 money from them in addition to what ever money came with NCLB. (Which is shady and mean spirited but I'm not sure unconstitutional)

Your argument for states rights in education is a legit one that has good support either way. The complex scheme of incentives, unfunded mandates, and states rights is one for the ages. In theory, there are few regulations that you as a teacher can be held accountable.