Constitution Not Being Followed



The United States now has a Department of Education. In 1996, the Republicans recognized that the Democrats had made a mistake in their efforts to regulate education. Under the American Constitution, the United States government is one of the limited powers. Those powers are enumerated in the Constitution, together with its amendments. Nothing in the Constitution deals with education except for a provision authorizing the training of the military.

Under Amendment X of the Constitution, powers not delegated to the United States nor prohibited by it to the states are reserved to the states or the people. After the year 2000, the Republicans apparently had forgotten that our United States government is one of delegated powers and the Constitution does not provide for United States supervision of education. As a result, Congress passed the "No Child Left Behind" Act.

The problem with not following the Constitution is that we live in a complex society of 300 million people. Education based on any "one size fits all" program will not take into consideration the different needs of urban, agricultural and other areas of our country, thousands of miles apart.

That can best be done by the states or areas in which people live.

If there is a need for Congress to regulate education, then compliance with the Constitution requires a Constitutional Amendment to give such authority to the United States.

It seems unlikely that educational needs are exactly the same throughout our country and that these can better be determined by Washington than by the states and the localities that are in better touch with local needs and problems. It is also a bad idea to tolerate a disregard for the Constitution, based on the practice of simply not following its provisions.

If that can be done, then we are very insecure in respect to the rights and powers plainly granted by the Constitution.

Jim Winter

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