Federalism Disad



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Uniqueness - Education




Individual states have the most authority over education.


James W. Guthrie, Professor of Public Policy and Education, 2009

“State Educational Systems - The Legal Basis for State Control of Education, School Organization Models, The School District Consolidation Movement” http://education.stateuniversity.com/pages/2448/State-Educational-Systems.html accessed 7/6/09 from State Educational Systems, mr

The American system of public schooling is unusual for a modern state, as most nations rely upon education systems operated by the national government. The education system in the United States is actually a set of state-based systems. There is, however, a federal government role in education, and national education organizations and activities exist. But the ultimate authority–what is called plenary authority–for schooling in the United States resides with the individual states.

Education is specifically designated as a state controlled issue.


James W. Guthrie, Professor of Public Policy and Education, 2009

“State Educational Systems - The Legal Basis for State Control of Education, School Organization Models, The School District Consolidation Movement” http://education.stateuniversity.com/pages/2448/State-Educational-Systems.html accessed 7/6/09 from State Educational Systems, mr

The U.S. Constitution omits any consideration of education or schooling–in fact, the words education and schooling do not appear in the document. James Madison's diary of the Constitutional Convention suggests that education was not even a topic of consideration at the Philadelphia deliberations. The only education topic of serious concern was whether or not to form a national university, which the delegates decided against. The absence of any specific mention of education, coupled with the Constitution's Tenth Amendment, renders education a state function. The Tenth Amendment states that "The powers not delegated to the United States by the Constitution … are reserved to the States respectively, or to the people." This was a new and unique system, and it could be said that prior to formation of the United States, charters of liberty were granted by those with power, while in the United States, charters of power were now granted by those with liberty. The constitutions of all fifty states assume specific responsibility for education. Hence, the U.S. education system, by default, is a set of systems, not a single national system.


Education was intended to remain state regulated.


David Salisbury, Former Director of the Center for Educational Freedom, 2003

“CATO Handbook for Congress” http://www.cato.org/pubs/handbook/hb108/hb108-28.pdf accessed 7/6/09 from the CATO Institute, mr

For more than 200 years, the federal government had left education to those who were in the best position to oversee it—state and local governments and families. Richard L. Lyman, president of Stanford University, who testified at the congressional hearings on forming the new department, pointed out that ‘‘the two-hundred-year-old absence of a Department of Education is not the result of simple failure during all that time. On the contrary, it derives from the conviction that we do not want the kind of educational system that such arrangements produce.’’ Without question, the Framers intended that most aspects of American life would be outside the purview of the federal government. They never envisioned that Congress or the president would become involved in funding schools or mandating policy for classrooms.


Education decisions are most effective when made on the state level.


Dan Lips, Heritage Foundation, 2009

“A Welcome Show of Support for State and Local Control in Education” http://www.heritage.org/research/education/ednotes72.cfm accessed 7/6/09 from The Heritage Foundation, mr

The House of Representatives voted overwhelmingly last week in favor of the principle of state and local control in education. The vote highlights an important education policy issue that will be at the heart of the debate on whether Congress should reauthorize No Child Left Behind. On Tuesday, the House of Representatives was considering the "10,000 Teachers, 1 Million Minds Science and Scholarship Act," a proposal designed to use federal funding for education to improve math and science education in America's schools and encourage the hiring of thousands of new teachers. The act also would empower the director of the National Science Foundation to convene a panel of national experts in math and science education to develop curriculum recommendations that would be disseminated by federal agencies to local schools. Representative Pete Hoekstra (R-MI) viewed this as opening the door to further federal involvement in local schools. "Education decisions are best determined at the local level by parents and school boards," Rep. Hoekstra explained. "The legislation as presented before the House would have taken us further in the opposite direction."

Veterans UQ

States roles are increasing with veterans


“Rep. Courtney Improves State’s Role in Armed Forces Discharge Process,” VOTE SMART, December 17, 2007. Online. Accessed July 7, 2009. https://www.votesmart.org/speech_detail.php?sc_id=349578&keyword=&phrase=&contain=
Congressman Courtney initiated the effort to step up state help for veterans in March when he successfully offered an amendment in the House Armed Services Committee during consideration of H.R. 1538, the Wounded Warrior Assistance Act. The amendment would require the Department of Defense to notify State based Veterans Affairs departments or agencies when a discharged service member returns home. The Wounded Warrior Assistance Act was passed as part of the conference report to the Fiscal Year 2008 National Defense Authorization Act, which has been approved by Congress and must now be signed by the President. Connecticut Senator Joe Lieberman also advocated for states to have a role in the separation process.

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