Contents
A look at what the Constitution says about education and how it affects the way we think about and fund public education today.
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The Constitution and Education
The Constitution does not explicitly mention education, but the Founding Fathers recognized its importance for the success of the young republic. In fact, several Founding Fathers, including Benjamin Franklin, Thomas Jefferson, and James Madison, were leaders in the movement to establish public schools. While the Constitution does not mandate public education, the federal government and the states have used their constitutional powers to promote education.
The Founding Fathers and Education
The Founding Fathers were clear on one thing: the need for an educated citizenry. In Federalist Paper No. 10, James Madison wrote that an educated populace is a prerequisite to a successful democracy:
“A popular government without popular information or the means of acquiring it is but a prologue to a farce or a tragedy, or perhaps both. A people who mean to be their own governors must arm themselves with the power which knowledge gives.”
The Constitution and the Federal Government’s Role in Education
The Constitution does not specifically mention education, but the Founding Fathers recognized the importance of education and saw it as a key role of the federal government. In 1787, delegates to the Constitutional Convention drafted a provision in the Constitution that called for Congress to promote “the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” This language, known as the “Intellectual Property Clause,” was included in the Constitution to encourage innovation and creativity by giving authors and inventors exclusive rights to their works for a limited time.
The framers of the Constitution also believed that education was necessary for self-government. In Federalist Paper No. 10, James Madison wrote that “a well-instructed people alone can be permanently a free people.” Madison also argued that education would help prevent tyranny by ensuring that citizens were informed and could make reasoned decisions about those who govern them.
Despite these early recognitions of the importance of education, it wasn’t until 1819 that Congress passed the first law authorizing federal support for schools. The law established a system of free public schools in the District of Columbia and provided matching funds to states that agreed to provide free public schooling to all children.
In 1867, Congress passed another law establishing free public schools in all territories acquired by the United States. This law required each territory to provide at least three years of free elementary schooling before it could be admitted as a state.
In 1874, Congress extended federal support for education by passing the General Education Act, which appropriated funds to states and territories to support public colleges and universities. The act also created a network of normal schools (now called teachers colleges) to train educators.
In 1890, Congress passed the Sherman Antitrust Act, which made it illegal for companies to monopolize certain markets or engage in other practices that restrained trade. The act included an exemption for educational institutions, which allowed colleges and universities to continue operating as nonprofit organizations without fear of antitrust prosecution.
In 1902, Congress passed the Morrill Act, which provided federal lands to states for use in establishing colleges of agriculture and mechanical arts (now called land-grant universities). The act also appropriated funds for these institutions and established a system of research grants to support their work.
The Supreme Court and Education
The Constitution does not explicitly mention education, but the Supreme Court has interpreted the Constitution to protect the right to education. In the landmark case of Brown v. Board of Education, the Supreme Court ruled that segregated public schools were unconstitutional. The Court has also ruled that the states have a responsibility to provide all children with a basic education.
Brown v. Board of Education
In 1954, the Supreme Court’s decision in Brown v. Board of Education ended legal segregation in public schools. The Court ruled that “separate but equal” facilities were not constitutional and that all children, regardless of race, were entitled to a quality education.
Today, the Court continues to play a vital role in protecting the rights of all students. In recent years, the Court has heard cases involving the use of racial preferences in college admissions, the Equal Protection Clause and disability rights. The Court’s rulings have helped to ensure that all students have equal access to educational opportunities.
Supreme Court Cases Regarding Education
In the United States, the Constitution does not specifically mention education. This has led to a variety of Supreme Court cases interpreting the constitutional rights of students and educators.
Some notable cases include:
-Epperson v. Arkansas (1968): The Supreme Court struck down an Arkansas law that banned the teaching of evolution in public schools, ruling that it violated the Establishment Clause of the First Amendment.
-Tinker v. Des Moines Independent Community School District (1969): The Supreme Court held that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The Court ruled that students could wear black armbands to protest the Vietnam War as long as they did not disrupt class.
-New Jersey v. TLO (1985): The Supreme Court held that public school officials could search students’ belongings without a warrant if they had “reasonable suspicion” to believe that the students were violating school rules or the law.
-Hazelwood School District v. Kulmeier (1988): The Supreme Court held that public school officials could censor student newspapers if they had a “legitimate educational purpose.”
-Engel v. Vitale (1962): The Supreme Court ruled that state-sponsored prayer in public schools was unconstitutional, violating the Establishment Clause of the First Amendment.
Education Today
Education is important to Americans because it helps to ensure that all citizens have the opportunity to participate in and contribute to our democracy. Education also helps prepare individuals to be productive members of the workforce and can provide them with the skills they need to be successful in life. The Constitution does not specifically mention education, but the Founding Fathers believed that it was an important part of a thriving republic.
No Child Left Behind
The No Child Left Behind Act of 2001 was a reauthorization of the Elementary and Secondary Education Act. It was passed by Congress and signed into law by President George W. Bush on January 8, 2002. The law included new provisions designed to hold schools accountable for the performance of all students and to give parents more information and options.
The No Child Left Behind Act requires states to test all students in grades 3-8 in reading and math every year and once in high school. The law also requires states to report results by subgroups, including race, ethnicity, English-language learners, and students with disabilities. States must intervene in schools where groups of students are not meeting proficiency targets.
The No Child Left Behind Act was due for reauthorization in 2007, but Congress has not been able to agree on a new version of the law. In the meantime, the U.S. Department of Education has been providing states with flexibility in how they implement the law.
Race to the Top
The Race to the Top is a federal initiative that provides funding to states that are working to improve their education systems. The initiative is based on the idea that states can compete for funding by demonstrating progress in areas like standards and assessments, teacher quality, data systems, and turning around low-performing schools. Race to the Top is one of the most significant federal investments in education reform in recent history, and it has generated a great deal of interest and excitement among educators and policymakers.
Common Core
The Common Core State Standards Initiative is an educational initiative in the United States that details what K-12 students should know in English language arts and mathematics at the end of each grade. The initiative is sponsored by the National Governors Association and the Council of Chief State School Officers and seeks to establish consistent education standards across the states. As of July 2020, 47 states and Washington D.C. have adopted the Common Core Standards.
