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In the Constitution, does it say which government (federal, concurrent, or state) establishes schools?

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  • 1 decade ago
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    Article I section 8, the enumerated powers, says what the federal government may do. The Tenth amendment gives the states everything else. Schools are under control of the states.

    However, this comes with certain restrictions. In Brown v Board of Education and subsequent cases, the courts have ensured that if the states fund schools, they do so without regards to race, gender or other classes. This is with regards to both de jure segregation (e.g. black children or even children or illegal immigrants can't be forced to attend only certain schools or no school at all unless the state has a very good reason for it- read up on strict scrutiny and suspect classes) and de facto segregation (schools are segregated but because of a by product of some law such as geographic districting that happens to cause segregation) although such de facto segregation is far more permissible now (see Milliken v. Bradley).

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  • 1 decade ago

    state

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  • 1 decade ago

    I don't think the Constitution says anything about schools.

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