Public Education
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Public Education
Article VIII. Section 1. A general diffusion of the advantages of education being essential to the preservation of the rights and liberties of the people; to promote this important object, the Legislature are authorized, and it shall be their duty to require, the several towns to make suitable provision, at their own expense, for the support and maintenance of public schools; and it shall further be their duty to encourage and suitably endow, from time to time, as the circumstances of the people may authorize,
- Zeno of Citium
- Posts: 13
- Joined: Sat Jan 12, 2013 9:07 am
Re: Public Education
There is absolutely no authorization for the United States Department of Education within the Constitution of the United States, although federal subsidies for higher education began in 1862 with the first Morrill Act, providing land grants to the states to create agricultural colleges; more appropriations occurred with the 2nd Morrill Act in 1892 - these on a regular basis for land-grant colleges. I fail to see how even these old actions were authorized, and should have been rescinded or repealed. Another candidate for repeal is the 1917 Smith-Hughes Act that funded vocation teachers' salaries, and imposed numerous mandates, setting precedent for today's conglomeration of regulatory burdens. Further federal involvement came through such legislation as the 1944 Serviceman's Readjustment Act (GI Bill), the 1958 National Defense Authorization Act, and the 1965 Higher Education Act. Although these were "laws" made by Congress, there was no mention in the Constitution's Article I, Section 8, for the power to do so. Therefore, these "laws" (Acts) were unconstitutional and void from the date of enactment, for "...an act of the Legislature, repugnant to the Constitution, is void." Marbury v. Madison, 5 U.S. 137 (1803).
Then, there is also this much ignored Maine Statute: Title 20 MRSA: Education, Part 2: Public Schools, Chapter 111: Religion & Morals; §1221. Teaching of virtue and morality. , that states, "“Instructors of youth in public or private institutions shall use their best endeavors to impress on the minds of the children and youth committed to their care and instruction the principles of morality and justice and a sacred regard for truth; love of country, humanity and a universal benevolence; the great principles of humanity as illustrated by kindness to birds and animals and regard for all factors which contribute to the well-being of man; industry and frugality; chastity, moderation and temperance; and all other virtues which ornament human society; and to lead those under their care, as their ages and capacities admit, into a particular understanding of the tendency of such virtues to preserve and perfect a republican constitution, secure the blessings of liberty and to promote their future happiness.” (Emphasis added)
Then, there is also this much ignored Maine Statute: Title 20 MRSA: Education, Part 2: Public Schools, Chapter 111: Religion & Morals; §1221. Teaching of virtue and morality. , that states, "“Instructors of youth in public or private institutions shall use their best endeavors to impress on the minds of the children and youth committed to their care and instruction the principles of morality and justice and a sacred regard for truth; love of country, humanity and a universal benevolence; the great principles of humanity as illustrated by kindness to birds and animals and regard for all factors which contribute to the well-being of man; industry and frugality; chastity, moderation and temperance; and all other virtues which ornament human society; and to lead those under their care, as their ages and capacities admit, into a particular understanding of the tendency of such virtues to preserve and perfect a republican constitution, secure the blessings of liberty and to promote their future happiness.” (Emphasis added)
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