Quote Originally Posted by Seamus Fermanagh
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.