[Oblivion437]

A Board of Education does not exist within any elasticity clauses the constitution provides for, including said unstated powers be delegated to the states or the people. A board of education is not in any way necessary or proper for the carrying out of the duties of state or local government.

However, as I said, it wouldn't matter how far such a lawsuit got, it wouldn't get anywhere in the end, as nobody's about to tell the states to stop spending tax payers' money on education. It's already been argued that people *must* have public education in order to do something... When the system was originally implemented (mind you, state supported public education is part of the 20th century, "big government, piss on the constitution" way of thinking) its effects were very minimal. Then children were criminals for refusing to obey the law, which was illegal in itself.

Now, as for the federal powers, unless they spend the money in direct action of their duties, it's money improperly spent.