[Cerek the Barbaric]

Originally posted by Oblivion437: There is no constitutional provision for the creation, enaction or funding (on a federal level) of a board of education anywhere in the United States. The Federal government does give funds to the states for education. At what point are they granted this power? Read the constitution, nowhere are they given this power, or a system that relates them this power in elasticity. You can't stretch something and fit a board of education in there. They had to give themselves the power to make an income tax. The thing is, no one has actually challenged the existance of such a board, because of the apparent good (I'm not going to challenge what good it does or doesn't do, one way or the other, that's not the point) it does. What court is going to order the dismantling of the entire school system in the US? The fixation is that there'd be chaos...

No Constitutional provision is necessary at the federal level. The U.S. Constitution clearly states that certain powers will be left to the individual states to determine, unless they are already outlined or covered by the U.S. Constitution. That means that each state has the right to make provisions for a Board of Education in their State Constitution.

I've saved you the time and trouble of a Google Search. Here is the pertinent section of the Illinois State Constitution....


ILLINOIS STATE CONSTITUTION
ARTICLE X
EDUCATION

SECTION 2. STATE BOARD OF EDUCATION - CHIEF STATE EDUCATIONAL
OFFICER
(a) There is created a State Board of Education to be
elected or selected on a regional basis. The number of
members, their qualifications, terms of office and manner of
election or selection shall be provided by law. The Board,
except as limited by law, may establish goals, determine
policies, provide for planning and evaluating education
programs and recommend financing. The Board shall have such
other duties and powers as provided by law.
(b) The State Board of Education shall appoint a chief
state educational officer.
(Source: Illinois Constitution.)

So - as provided for by the Illinois State Constitution - the Chicago Board of Education is not an illegal system.