In this debate I intend to prove that the United States Federal Government was never within its constitutional authority to be involved in the educational process in any way, and thus has no power to be there today. As such, all policies regarding or affecting education are an overreach and should immediately be withdrawn.
: “the action or process of educating or of being educated” (1
: “belonging to the branch of government that is charged with such powers as making laws, levying and collecting taxes, and making financial appropriations” (2
, def. 1. b) II. Problems:
A) Federal Education Policies are Constitutional Overreach:
The Constitution of the United States declares, in Article I, Section 1 that “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” In other words, all power to make laws belongs to Congress. And Congress’ power is limited, as is deduced from two more constitutional clauses:
Article I, Section 8: “The Congress shall have Power To…”
Amendment X: “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.”
These clauses make clear that certain powers are granted to Congress and by extension the United States Federal Government, and all powers not explicitly granted are reserved for the states. Therefore, if a power is not granted, it is not in the authority of the Federal Government to exercise that power or make any legislation regarding the subject named.
Finally, a careful examination of Article I, Section 8, wherein legislative powers are granted to the Congress, will reveal no power regarding education is granted. Therefore, the Federal Government has no power to legislate regarding education. B) Federal Policies on Education Exist
A quick perusal of the U.S. Department of Education page will reveal multiple currently effective policies in existence regarding education. (3
) III. Solution:
To solve this problem, I put forward the following mandate:
The United States Congress shall immediately pass a law dissolving the U.S. Department of Education and at one and the same time repealing all laws affecting education within the United States, doing both at the end of two years from passage of such law.
The United States Congress and President IV. Advantages:
In order to show that my mandate should be accepted, I put forward the following advantages:
1) Counteraction of Tyranny
In that the United States Federal Government is governed by the constitution thereof, it is a definite advantage to take any step towards obedience of it. The further the government gets from obedience to the constitution, the more in danger we, as the people under its rule, become. As James Madison stated, “It will not be denied that power is of an encroaching nature and that it ought to be effectually restrained from passing the limits assigned to it.” (4
2) Increased Power to People
Enacting my mandate will give the full power of education back to the individual states, which will put more power back into the hands of the people. Education can be localized, allowing different population groups to have more influence in how their children are educated. If in a certain state the laws are too restrictive for a certain family, relocating to another state can provide a simple solution.
3) Cuts Federal Spending
Currently, the United States Department of Education has an annual budget of $68 billion (5
). Cutting this department would cut this much money annually from Federal spending, which is currently significantly over-budget (6
). This would increase financial stability in the United States.
Overall, enacting my mandate would solve a glaring problem in the United States Federal Government and provide multiple benefits to the people of the United States.