Is Constitution Day Unconstitutional?
Monday September 18, 2006
Category: Free Speech
Yesterday was Constitution Day. This means that, under federal law, public schools were required to teach students about the U.S. Constitution on the closest school day--namely, today.
Students at a Lincoln, Nebraska high school had a particularly interesting Constitution Day essay question: Is Constitution Day itself unconstitutional? It's a really good question, as one June 2005 op-ed argues. The reasoning goes like this:
See also:
Yesterday was Constitution Day. This means that, under federal law, public schools were required to teach students about the U.S. Constitution on the closest school day--namely, today.
Students at a Lincoln, Nebraska high school had a particularly interesting Constitution Day essay question: Is Constitution Day itself unconstitutional? It's a really good question, as one June 2005 op-ed argues. The reasoning goes like this:
- Under the Tenth Amendment to the U.S. Constitution, all powers not specifically granted to the federal government in the Constitution are reserved for the states.
- The Constitution does not grant the federal government the authority to mandate educational curricula.
- Therefore, Constitution Day violates the Tenth Amendent.
- The law sets a dangerous precedent--allowing the federal government to set aside mandatory curricula for anything it wishes. The op-ed mentions intelligent design creationism, but it's easy to also imagine such monstrosities as "Sanctity of Marriage Day," "Abstinence Day," "Rescuing the Unborn Day," "In God We Trust Day," and so forth. The possibilities under a Democratic Congress could be equally gruesome.
- At the very least, a plethora of federally-mandated teaching days may interfere with the public school system's efforts to educate students in general.
- Because they can be put into effect by a simple majority vote and presidential signature, it's easy to imagine how federally-mandated teaching days can become a vehicle for ideological brainwashing.
See also:
- The U.S. Constitution, "Little Short of a Miracle" (Robert Longley / U.S. Government Info and Resources)
Comments
Very interesting point. What are the specifics of the law allowing the creation of this “holiday”and when was Constitution Day first “celebrated” (”enforced” ???)
Probably the more basic question is the extent to which the federal government has the constitutional authority to get involved in education, which isn’t one of the enumerated powers. If it has the authority to fund education, it probably has the right to determine the conditions under which the funds will be provided. For me, Constitutional Day isn’t much of a problem. But I do have to wonder about the federal government getting involved in hiring decisions such as those involved with the No Child Left Behind loaw.
I’ll bet you DON’T mind federally mandated instruction on condom use, abortion and same sex marriage. I suspect all parental rights can be usurped in the name of tolerence, right? Parental CHOICE in the form of vouchers is also a no-no, right? IOW, if it fits inside a liberal mindset, it’s not really brainwashing.
It is my hope that George Bush studied it. He seems to have been interpreting it a bit differently than anyone else. But then according to him, “it’s just a piece of paper.”
I notice when the subject is right wing or conservative, it is all of a sudden “brain washing”. If you are anti-abortion, then it’s brainwashing. IN the United States, the conservative right wing has as much “right” to push their agenda as the liberal left wing does. And the people should decide for themselves where they fall on that spectrum.
NO the Govt does not need to make such a law, and if Christians want to pray in school they should tell the government to kiss off and pray anyway, but they need not offend the atheists. They can pray in private.
Dear Tom,
Yes, for the reasons given.
Sincerely,
Keran O’Brien
Christian, excellent question. The legislation goes back to ancient 2004, when it was proposed by Senator Robert Byrd (D-WV).
Cheers,
TH
While the Tenth Amendment states all powers not specifically granted to the federal government in the Constitution are reserved for the states.
The precedent is if the power is not denied, its implied.