When did Ron Paul become a Federal judge?
Or when did he graduate law school, for that matter?
Do you believe the writers of the constitution intended for ONLY judges and and people who go to school to be constitutinal scholars to understand what their rights are and what the government can do?
The Tenth Amendment says noting of the sort:
It says that whatever powers are not reserved to the federal government are reserverd to the states. And providing a federally run education system is not one of the federal government's powers.....to which you will of course say 'but, the general welfar clause'......to which I say THINK you ******* idiot. Why have a 10 the ammendment if basically the federal government as power over everything based on your absurdely broad interpreation of the the general welfare clause? The only LOGICAL conclusion one can make is that there are power and areas of authority that the federal government were simply not meant to have.
Case law in support?
Ah, which means you have no case law in support.
I thought the process to changing the constitution was the ammendment process. Where in the constitution is it stated that it can also be changed via judges rulings? There is a distinction you libs fail to grasp when using your infantile 'but case law is the real holy grail' excuses. Yes judges are the people meant to determine what is constitutional and what isn't. We trust them to correctly do so. That doesn't mean they do and doesn't mean their rulings supercede the constitution. Again let's apply a shred of common sense to the debate. If we could trust that all judges would always correctly interpret the constitution there wouldn't be the political fights over judicial appointments that there are. If they always got it right there wouldn't be some judges that say Obamacare is constitutional and others who say it isn't. If they always get it right they all should have ruled the same way. This is why case law can not and should not be replied upon. It is better to default to what the constitution actually says rather than what case law says the constitution says about what is constitutional and what isn't.
Every issue and controversy can not be addressed through the amendment process; indeed, the last thing we need to do is clutter the Constitution with designer amendments rendering the Founding Document useless.
Which is why we have a democratic republic of states. Those issues that can't be addressed by the federal government CAN be addressed by the state governments. Things like how best to educate young people. The framers saw the folly in a single centralized government controlling everything. You libs apparently don't. That state governments and having their own autonomy is as equally important to our governmening system as the fed doesn't even register to you libs. Having a few different ways of doing things gives us all a better chance of finding the best way of doing something than having just one authority.
Focusing on education for a second. Those of us who agree with Paul that the dept of education is unconstitutional aren't doing so simply to be disagreeable and/or anal about following the constitution. The question is how do we best educate the country's young people. It is ridiculous to think that the federal government can accurately assess the learning needs and the pace and style by which all students across the country learn and set a standard that will work for all of them. Education is something best micro managed. You let the states do what works best for them and the states districts what's best for the them and the districts individual school do what works best for them. I believe proper eduaction is as important as the next person to the point that I believe you do whatever it takes to get the job done. If it means teching johnny differently than jimmy so they both wind up at the same level by 12th grade then that's what you do. A single centralized federal dept. can't do that for millions of students. Forget whether you think it's constitutional or not and ask whether or not the federal government is the best way to get the job done.