The Importance Of The Tenth Amendment In Schools

“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.” Our Tenth Amendment, as it was originally written does not specify or restrict the spectrum of powers which are entitled to the federal government, the state government, and or the people. Since this amendment to the U.S. Constitution does not provide an accurate measure of the powers granted to each group, it is a very open concept and its extent can be given an infinite number of interpretations. The lack of specific distinction between the powers can cause altercations regarding the rights and authority that the state and the national government have over certain issues. To

The Tenth Amendment protects Americans from intrusive federal government action, The federal government only has powers listed in the constitution. Sometimes the federal government may try to do whatever they want, but do not consider the state powers. Federal government must follow the constitution thoroughly because they are only specifically reserved to that.

Education is the foundation to secure an individual in having a better future and a successful career in life. Public education primarily falls upon the state and local government to take charge of, which get divided up into local school districts that are managed by school boards. School boards are “ an elected body corporate which manages delegated powers in regards to the deliver of education service within a defined territory (Duhaime’s Law Dictionary)”. Each state “has its own department of education and laws regulating finance, the hiring of school personnel, student attendance, and curriculum (Corsi-Bunker, Antonella).

The Tenth Amendment of the United States Constitution declares that the states have the authority in handling educational standards (Boslaugh, 2015). Each state can come up with their own requirements and rules for their educational systems. For many years, this system seemed to work and showed good results. The United States had one of the best educational systems throughout the world.

In 1942 the Supreme Court, in Wickard v. Filburn, ruled unanimously in favor of restricting an Ohio farmer's acreage allotment to farm wheat grown for his own personal use. Congress’s authority to regulate local activities was questioned in reference to the 10th Amendment’s claim to states’ reserved powers (Oyez, 2015). However, Congress’s invocation of the Commerce Clause provided a loophole by which the case was settled. This sort of encroachment on personal matters was precisely the fear of Federalists when creating the Bill of Rights and in turn resulted in the 10th Amendment. The 10th Amendment was a precautionary measure to protect states from exploitative interpretations of The Constitution’s granted federal powers, and added a necessary provision to a system of mixed sovereignty in which each government has direct authority over citizens within the limits of said powers.

According the North Carolina Constitution, the North Carolina General Assembly has the power and responsibility to ratify bylaws, to subsidize money for public schools, and other state functions. 36% of state resources go to the funding of public schools (North Carolina State Board of Education, 2007, Chapter 5). The citizens, the county school boards, and the State Board of Education can persuade lawmakers how public schools should operate.

The Tenth Amendment to the U. S. Constitution does not reserve rights for the States that were not within their original powers. Arkansas claimed the principle of reserved powers as set forth in the Tenth Amendment allows the States to add qualifications that Congressional candidates elected within the State must meet, and that the amendment is not a qualification, but rather an acceptable use of the State’s power to regulate the “Times, Places, and Manner of Holding Elections” under Article I. The Supreme Court determined that the Tenth Amendment did not reserve this right for the States but determined that this Article only allowed the States to create procedural regulations, not to exclude classes of candidates. The Courts ruled that the

When the Constitution was written, the people had fresh Britain tyranny in mind and consequently took to establishing the tenth amendment which worked to limit the role of the federal government in state relations stating that all power not given to the federal government by the constitution would automatically go to the states. However decades later, when The Great Depression seemingly devastated Americans nationwide, the tenth amendment was pushed aside to allow for the federal government to play an overseeing role in efforts to extirpate exorbitantly hard times. The federal government now micromanages many functions which were formerly overseen by individual states some of which include education, healthcare, commerce and national resource

There are three branches of government that are established by the constitution the Legislative in article one, the Executive in article two, and the Judicial in article three. Of these one clearly exercised power through Race to the Top, Common Core standards, and related assessments, the Executive branch. The presidential duties according to article two are mostly to deal with other countries, and to take charge in a state of emergency. While the country’s education system is in a state of emergency the executive branch has used quite a bit of power and influence in trying to right the ship. In doing so has overstepped the bound that protect the states from federal government control. The Legislative branch is in the middle on power exercised

The tenth amendment states that any power not granted to the National US government is given to the states. The tenth amendment deals with three different types of power. The three separate powers are delegated powers, reserved powers, and prohibited powers. Delegated powers are the powers assigned to the Federal government. An example would be the power to regulate commerce. The reserved powers are the powers that are granted to the states. An example would be to regulate education. The prohibited powers are the powers that are denied to the national or state government by the Constitution. An example would be that the states cannot declare war or the national government cannot make any law that respects a particular religion. The only question that is posed by the tenth amendment is whether a claimed federal power is justified. The tenth amendment helps establish federalism in the Unites States. Federalism is a type of government in which the national government and the state 's share sovereignty. The 10th amendment verifies that not all power is delegated to the national government or the states. The national government has all power vested to it from the enumerated powers of the Constitution, but the states have all other powers not already given to the national government. Generally, the national government has the powers concerning the well being of all the states, while the states have the powers to solve problems that are more close to home. For example, one of the

The first laws passed by the government to support education were the Elementary and Secondary Education Act of 1965. This Act was put in place by Lyndon B. Johnson as a part of his War on Poverty campaign. This act provided federal funds to school districts in poor areas to give students a more proper education. These districts needed more funding because property values in poverty ridden areas are lower, and property taxes are generally where school districts receive their funding. Since so much funding was being given to these school districts, the districts and states must show that the funds are being put to good use and needs are being met. Since its enactment, this act has been reauthorized every five years.

The 10th amendment is an extremely important amendment that was necessary to help ratify the Constitution. The 10th amendment says: “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” (Cornell Law School). This amendment is essentially saying that any powers that the Constitution does not expressly give to the federal government, those powers fall to the state governments. This means that certain government entities not outlined by the Constitution, such as the Environmental Protection Agency (EPA) or the Department of Education, which provide more power to the federal government, are in violation of the Constitution. These bodies are allowing the government more power than the Constitution provides them.

For American public schools, the interplay between public policy has been rather volatile, thanks to both state and federal constitutions mandating an ever shifting degree

The principles of No Child Left Behind date back to Brown v. Board of Education, when the U.S. Supreme Court outlawed racial segregation in public schools and determined that the "separate but equal" was unconstitutional. The Elementary and Secondary Education Act (ESEA) was enacted in 1965 as part of the Johnson Administration’s War on Poverty campaign. The law’s original goal, which remains today, was to improve educational equity for students from lower income families by

This chapter examines and explains the role state government has in educating children. There are legal mandates implemented by the state associated with school attendance and instructional issues. These legal mandates are being challenged by individual interests and rights so that parents have more say in the implementation of school attendance laws and instructional issues pertaining to their child 's education. The state is in charge of setting mandates on the different educational activities only if the mandates do not infringe on the protected rights of both parents and students. If school attendance and instructional issues set by the state are challenged by individual interests, then exceptions should be made to the legal mandate.