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- #41
Okay, this is very flawed. The 10th Amendment specifically states that any unspecified powers in the Constitution (Education one of them) is a power either relegated to the individual or to the State. Hence the reason I mentioned that Amendment in my original post.
The Constitution also says that Congress can make any law that is necessary for it to fulfill any of its enumerated powers.
Also, the Federal Gov't's role in education before the NCLB act was only food for poor programs to ensure proper nutrition, not to directly fund and direct education from a centralized point.
For about the first 18 weeks of the 7th grade (in 1981) my class had to stand up to be counted by race, gender and whether or not our parents served in the military because my school received federal funding based on the demographics of the student body. By the time we were counted the last time it was such a joke and hassle that our teachers began apologizing to us every time we had to be counted.
And don't forget programs like Head Start- a federal public school program which came about in the 1960s or early 1970s.
BTW: If the federal government has no constitutional authority to be involved in public education, why did no one sue the federal government for the Northwest Ordinance (which the Congress made federal law), Homestead law or the land grant colleges?