Sharron Angle is right, U.S. Department of Education is un-constitutional!
There is no question about it. The U.S. Department of Education is un-constitutional, and its functions violate the Tenth Amendment of our Constitution. Let us look at the facts.
The People of Maryland, as every State in the Union, has delegated the power for a state funded and regulated public school system to their state elected officials, and not to the Congress of the United States sitting in Washington --- the wording in Maryland’s Constitution, for example, is as follows:
“The General Assembly, at its First Session after the adoption of this Constitution, shall by Law establish throughout the State a thorough and efficient System of Free Public Schools; and shall provide by taxation, or otherwise, for their maintenance.” ___ Article 8, Sect. 1
The Maryland Constitutional also states, in emphatic terms:
“the People of this State have the sole and exclusive right of regulating the internal government and police thereof, as a free, sovereign and independent State.”--- Art. 4 Maryland’s Declaration of Rights.
In addition, the Maryland Constitution also states:
“The powers not delegated to the United States by the Constitution thereof, nor prohibited by it to the States, are reserved to the States respectively, or to the people thereof.”---Art. 3, Maryland’s Declaration of Rights
It should also be noted that Federalist No. 45 sums up the federal government’s authorized and limited functions as follows:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
These words were in fact given force and effect by the adoption of the federal Constitution’s Tenth Amendment which states:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.” --- United States Constitution, Tenth Amendment.
The irrefutable fact is, Congress has not been granted power by the federal Constitution to tax for, spend on, and regulate public school systems established under state constitutions.
It is also important to note that our very own Supreme Court, less than twenty years after the adoption of our Constitution, confirms the limited nature of our federal government. The Court states:
“The government of the United States is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing; if these limits may, at any time, be passed by those intended to be restrained? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.
Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.
If the former part of the alternative be true, then a legislative act contrary to the constitution is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable.
Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the constitution is void.” --- MARBURY v. MADISON, 5 U.S. 137 (1803)
So why do we have a federal Department of Education? Let us explore that question.
The federal Department of Education had an annual budget of approximately $62 BILLION several years back, which was just about the entire federal budget in 1952! Today, the budget of the federal Department of Education has exploded to about $64 billion in discretionary appropriations (including discretionary Pell Grant funding) and $96.8 billion in discretionary funding provided under the American Recovery and Reinvestment Act of 2009! And who pays for this? Nevadans will certainly have their paychecks taxed by Congress to fund the federal department of Education which has over 5000 employees. Keep in mind these employees are very well paid, much better than the average Nevadan!
The average annual federal workers compensation in 2008, including pay plus benefits, was $119,982 compared to just $59,909 for the private sector according to the United States Bureau of Economic Analysis. --- see FEDERAL EMPLOYEE OVERVIEW
In return for the generous paycheck the 5000 federal department of education workers get which was taxed away from Nevadans, they quickly realize they have a vested interest in becoming part of Obama’s personal foot solder army during federal elections and other events important to Obama’s agenda!
Have we forgotten what Obama said to his supporters?YouTube - Obama Civilian Security
“We cannot continue to rely only on our military in order to achieve the national security objectives that we’ve set” … “We’ve got to have a civilian national security force that’s just as powerful, just as strong, just as well-funded.”
In fact, the federal Department of Education and its employees personify a living creature, a predator under the control of Obama, Reid, and our PROGRESSIVE domestic enemy crowd: it grows, it multiplies, it protects itself and feeds on those it can defeat, and does everything to expand and flourish, even at the expense of creating federal tax slaves living in Nevada who will have their paychecks confiscated by Obama and Reid to finance the economic needs and wants of their personal 5000 foot soldier army.
You bet it’s time to close down the un-constitutional federal department of education and dismantle part of Obama’s civilian national security force which now feeds upon the paychecks of hard working Nevadans and other Americans to the tune of over $160 BILLION.
Three cheers for Sharron Angle and she has proven by her stand to have more courage than the spineless leadership of the Republican Party!
JWK
If we can make 51 percent of America’s population dependent upon a federal government check, we can then bribe them for their vote, keep ourselves in power and keep the remaining portion of America’s productive population enslaved to pay the bills ____ Our Washington Establishment’s Republican/Democrat Marxist game plan, a plan to establish a federal plantation and redistribute the bread which labor and business has earned.
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Originally Posted by lx43
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