Joe Biden declares by executive order that public schools cannot prohibit males from using dressing room, showers, and locker rooms designated for females. His team pushes forward with an emerging agenda to shut down all charter schools and private schools, forcing all students to attend public schools.
What is his constitutional authority to dictate the operation of public schools?
According to the official website of the Department of Education, “Education is primarily a State and local responsibility in the United States. It is States and communities, as well as public and private organizations of all kinds, that establish schools and colleges, develop curricula, and determine requirements for enrollment and graduation.”
The above statement by the Department of Education is constitutionally sound. The existence of the Department of Education is not.
Article I, Section 8 of the U.S. Constitution enumerates the powers of Congress to make laws. Education is conspicuously absent from the list.
Why do we have the Department of Education?
The Department was created by an act of Congress in 1979 and went into effect the following year under the Carter administration. Referring back to Article I, Section 8 of the U.S. Constitution, the act of Congress was unconstitutional.
Any function of government not enumerate in Article I, Section 8 of the U.S. Constitution is reserved to the states, as per the Tenth Amendment.
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.
Jimmy Carter wanted the Department of Education in order to support the teacher unions. Joe Biden acts now to shore up teacher unions.