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Old 03-01-2004, 01:22 PM   #11
Cerek the Barbaric
Ma'at - Goddess of Truth & Justice
 

Join Date: October 29, 2001
Location: North Carolina
Age: 62
Posts: 3,257
Quote:
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.
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Old 03-01-2004, 02:09 PM   #12
Timber Loftis
40th Level Warrior
 

Join Date: July 11, 2002
Location: Chicago, IL
Posts: 11,916
The federal government has broad power to spend the money it takes in from taxes in pretty much any way it sees fit.
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Old 03-01-2004, 04:03 PM   #13
Oblivion437
Baaz Draconian
 

Join Date: June 17, 2002
Location: NY
Age: 38
Posts: 723
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.
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Old 03-01-2004, 04:25 PM   #14
John D Harris
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Join Date: March 27, 2001
Location: Northport,Alabama, USA
Age: 63
Posts: 3,577
Quote:
Originally posted by Oblivion437:

Now, as for the federal powers, unless they spend the money in direct action of their duties, it's money improperly spent.
Sorry Oblivion, but the U.S. Constitution cleary states that Congress gets to spend the money, all bills having to do with the spending of money must originate in the House of Reps. As long as the pukes in Congress properly pass a bill and it is signed into law by the President, then they can spend it anyway their greedly little political hearts desire as long as they do not violate a clear right of the people in spending said money. ie: they can't spend money to close down the press, or take guns from citizens.
Other then that the pukes can spend how ever they want to, that's why we have to keep a eye out for these pukes.
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