A Discussion Of Constitutional Law And Its Relationship With Education

1031 WordsApr 1, 20175 Pages
A Discussion of Constitutional Law and Its Relationship with Education Education is not explicitly mentioned in the United States Constitution, but instead, education is one of the powers reserved to the states. Power not specifically given to the federal government is reserved for the states through the Tenth Amendment of the Unites States Constitution. Therefore, states have plenary, or absolute, power in the area of education. While states may hold this reserved power, with regard to education the federal government has found power through mandates that must be met in order for states to receive federal funding for education. Texas has one of the longest Constitutions in the nation and reads similar to a statute. The Texas…show more content…
Constitution). While not specifically mentioning education, this amendment guarantees that any child in Texas has the right to free education given to any other child regardless of nationality. The First Amendment of the U.S. Constitution has been examined extensively with regards to education. Most notably the clause in the First Amendment, which guarantees the “freedom of speech”, has been scrutinized through the judicial system. While students and educators do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate" (Tinker v. Des Moines), in the educational setting an individual’s rights cannot interfere with the schools’ educational mission. The U.S. Constitution separates powers between the executive, legislative and judicial branches. Federalism guarantees that power is shared between national and state governments. The judicial branch often acts as a referee between the federal and state governments when deciding on issues that seem to cross jurisdictions. Texas Constitution While the U.S. Constitutions assigns power of education to states, Texas Constitution assumes that power and prescribes the structure and operation of Texas public schools. Article VII in the Texas Constitution establishes public schools, asylums and universities. The Texas Constitution guarantees free public education for all students. Public lands are designated so that half of the land
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