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The Constitution vs:
Understanding the Amendments:
What They REALLY Mean

Is any federal legislation regarding education constitutional?



Education is not mentioned anywhere in the Constitution -- as a right, as a responsibility, or in any other form -- meaning the federal government has no role whatsoever in education.

Per the Tenth Amendment to the Constitution:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Because the Constitution does not grant the federal government any authority with regards to education, the Tenth Amendment explicitly leaves that power with the individual states.

Wasn't "No Child Left Behind" a federal law regarding national testing of our kids? Was that constitutional?
"No Child Left Behind" was NOT constitutional. The law imposed education standards, as well as burdens, on the states regarding the content of curricula, the time spent preparing for standardized tests, the administering of these tests, and the reporting back thereof. The federal government has absolutely no constitutional authority to direct states to do anything with regards to education, standards, or testing.

If the federal government is distributing funds to states for education, shouldn't it have a stake in how those funds are spent?
This argument is based on a flawed premise. Because the federal government has no authority to be involved in education in the first place, its use of federal dollars to support education at the national level is nonsensical and constitutionally suspect as well.

How does the existence of the Department of Education pass constitutional muster then?
It doesn't. But a challenge to this agency's funding and operation has never been heard before the Supreme Court.

What is required for federal involvement in education to be constitutional?
This can only be accomplished through an amendment to the U.S. Constitution.