Are Public Schools Constitutional?

[Redleg]

Public Schools in the United States are indeed within the guidelines of the Constitution. All one has to do is read the Preamble of the Constitution to understand that its within the purview of the Federal Government to establish education standards - which means they must provide the money to the educational system for the schools to meet those standards.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

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.

And since most public schools are given a portion of their budget from the Federal Government to meet the Federal Requirments - its perfectly within the constitution for the government to have certain expectations of standards from the public school system.

Look closely at the public education requirements - you will find that they must meet more State requirements then Federal Requirments and those Federal Requirments are designed for the most part to insure the general welfare of the people - and most of the money that pays for the public education comes from the property taxes paid to the county - which is then alloted by established tax commission standards.

All three teirs of government are involved in the public education system - where the federal involvment is relative minor based upon national education standards - the state is more involved in public education then the Federal Government.

Really a non-issue from my prespective.

[Seamus Fermanagh]

Public Schools in the United States are indeed within the guidelines of the Constitution. All one has to do is read the Preamble of the Constitution to understand that its within the purview of the Federal Government to establish education standards - which means they must provide the money to the educational system for the schools to meet those standards.

An originalist would note two things regarding your reference to the preamble:

1) it is the preamble and declares intent, the rights and powers are enumerated in the articles and ammendments.

2) "promoting the general welfare" and "establishing justice" may, possibly, be grounds for mandating standards (if you discount pt #1), but nothing in "promoting" requires that it be funded. Government at all levels mandates behaviors or their absence as well as making requirements of citizens and organizations without paying for them. In fact, an "unfunded mandate" while not exercising control via the purse would probably adhere more closely to the spirit of the COnstitutions definition of the federal role.

Seamus

[Redleg]

An originalist would note two things regarding your reference to the preamble:

1) it is the preamble and declares intent, the rights and powers are enumerated in the articles and ammendments.

Your right - and I believe in following the wording of the constitution and the intent of the document - the preamble provides the intent of what the constitution means. The intent of public education is to promote the general welfare of the nation.

2) "promoting the general welfare" and "establishing justice" may, possibly, be grounds for mandating standards (if you discount pt #1), but nothing in "promoting" requires that it be funded. Government at all levels mandates behaviors or their absence as well as making requirements of citizens and organizations without paying for them. In fact, an "unfunded mandate" while not exercising control via the purse would probably adhere more closely to the spirit of the COnstitutions definition of the federal role.

Article 1, Section 8, Clause 1 would allow congress to mandate and then establish a way to fund public education, especially if one follows the intent of the constitution.

Congress can mandate the standards without funding if it so wishes - or it can mandate the standards and provide the funding - or it can do absolutely nothing for public education.

The founding fathers left it up the the succeeding generations to decide for themselves through the democratic process that they established what the general welfare could entail. If your saying education was not important to the founding fathers - then you would be sadly mistaken. Education has been an issue debated in Congress numerous times over the course of our history.


When one asks if public education is constitutional - one must answer Yes if they believe in the intent of the document.