The federal role in education is a violation of the 10th amendment of the United States Constitution which states, “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.” Nowhere in the Constitution is the federal government delegated the power to regulate or fund elementary or secondary education.
The federal Department of Education is unconstitutional. Article 1, Section 8 of the Constitution does not authorize Congress to legislate education within the independent, sovereign states who are themselves a "Republican form of government."
In 1996 a committee documented 760 unconstitutional federal education programs located in 39 separate agencies, departments, commissions and boar