1. EDUCATION AND GOVERNMENT 1 2014

2. THE CONSTITUTION OF THE UNITED STATES DOES NOT MENTION “EDUCATION”. THE CONSTITUTION OF THE UNITED STATES DOES NOT MENTION “EDUCATION”. BASED UPON THE WRITING OF THE FRAMERS OF THE CONSTITUTION,MANY LAW SCHOLARS THINK THIS WAS INTENTIONAL AND PLANNED!!! BASED UPON THE WRITING OF THE FRAMERS OF THE CONSTITUTION,MANY LAW SCHOLARS THINK THIS WAS INTENTIONAL AND PLANNED!!! THE FRAMERS MAY HAVE FEARED THAT PUTTING IN EDUACTIONAL CONTROLS WOULD MAKE IT MORE DIFFICULT TO GAIN RATIFICATION OF THE CONSTITUTION. THE FRAMERS MAY HAVE FEARED THAT PUTTING IN EDUACTIONAL CONTROLS WOULD MAKE IT MORE DIFFICULT TO GAIN RATIFICATION OF THE CONSTITUTION. 2 2014

3. An interesting discussion of the workings of the constitutional convention of 1787 can be found at the following website: An interesting discussion of the workings of the constitutional convention of 1787 can be found at the following website: NARA | The National Archives Experience NARA | The National Archives Experience NARA | The National Archives Experience NARA | The National Archives Experience Another good discussion of the Constitution and its development can be found at: Another good discussion of the Constitution and its development can be found at: http://teachingamericanhistory.org/conven tion/ http://teachingamericanhistory.org/conven tion/ http://teachingamericanhistory.org/conven tion/ http://teachingamericanhistory.org/conven tion/ 3 2014

4. AMENDMENT X IS OFTEN REFERED TO AS THE “RESERVE CLAUSE” Amendment X - Powers of the States and People. Ratified 12/15/1791. Note Amendment X - Powers of the States and People. Ratified 12/15/1791. NoteRatified NoteRatified Note 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 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 4 2014

5. Based upon the 10th Amendment, the states have plenary power over education. Every state has some form of public education!!!! Every state has some form of public education!!!! The organization of public education is as varied as the states are varied. The organization of public education is as varied as the states are varied. 5 2014

6. LLLLouisiana Is Unusual In That, With Five Exceptions, All Of Our School Systems Are Defined By The Civil Parish Boundaries. AAAAlong With The 64 Parish School Systems, the cities of Baker, Bogalusa, Central, Monroe, and Zachary Have City Schools Systems (Central has only recently become an incorporated city) – Also there is the Recovery School District BBBBy Contrast, Mississippi Has 157 School Districts including 71 county districts. Alabama Has 67 Country School Systems And 104 City Systems. AAAArkansas has 310 school districts. The student enrollment is approximately 445,000. HHHHawaii has one school district 6

7. Charter Schools and the Recovery Schools Districts Add a Level of Complexity to Louisiana’s Organization http://www.louisianaschools.net/lde/uplo ads/3390.pdf OVERSIGHT OF EDUCATION IN THE STATES VARIES GREATLY LET’S COMPARE LOUISIANA, TEXAS, ARKANSAS, ALABAMA AND MISSISSIPPI http://www.louisianaschools.net/lde/uplo ads/3390.pdf http://www.louisianaschools.net/lde/uplo ads/3390.pdf 7 2014

8. The state board of education: The state board of education: In Alabama, the governor and nine members elected from districts make of the board. In Alabama, the governor and nine members elected from districts make of the board. In Arkansas the governor appoints the board, one at large member and two from each of the state 4 congressional districts. In Arkansas the governor appoints the board, one at large member and two from each of the state 4 congressional districts. In Mississippi, four members are elected from districts, four at large and one elected by the state’s teachers. In Mississippi, four members are elected from districts, four at large and one elected by the state’s teachers. In Louisiana eight members are elected from districts and three are appointed by the governor. In Louisiana eight members are elected from districts and three are appointed by the governor. In Texas fifteen members are elected from districts. In Texas fifteen members are elected from districts. 8 2014

9. The superintendent of education is selected as follows: Texas and Arkansas, appointed by the governor Texas and Arkansas, appointed by the governor Louisiana*, Mississippi and Alabama, selected by an elected board Louisiana*, Mississippi and Alabama, selected by an elected board It would seem that in Arkansas, the governor would have great influence as he appoints the board and the superintendent!!!! In Louisiana the governor appoints the superintendent and three board members. In Mississippi the governor would seem to have little influence as he does no appointing. *SBESE appoints, but not without gubernatorial consent! 9 2014

10. HOW DOES THE FEDERAL GOVERNMENT GET INVOLVED IN EDUCATION? The Federal interest and financial support is justified by the “general welfare” clause of Article 1, Section 8 of the U. S. Constitution The Federal interest and financial support is justified by the “general welfare” clause of Article 1, Section 8 of the U. S. Constitution http://www.law.cornell.edu/constitution/articlei# section8 http://www.law.cornell.edu/constitution/articlei# section8 http://www.law.cornell.edu/constitution/articlei# section8 http://www.law.cornell.edu/constitution/articlei# section8 10 2014

11. Section 8 - Powers of Congress Section 8 - Powers of Congress The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; … (Emphasis added) The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; … (Emphasis added) 11 2014

12. Judicial Review Judicial Review It is not clear whether the authors of the Constitution intended for the U. S. Supreme Court to exercise Judicial Review, that is the process of the Court interpreting whether legislation is within the scope of the Constitution. It is not clear whether the authors of the Constitution intended for the U. S. Supreme Court to exercise Judicial Review, that is the process of the Court interpreting whether legislation is within the scope of the Constitution. In 1803, in the landmark case of Marbury v Madison the Supreme court first exercised the concept of Judicial Review and it has become an accepted aspect of American Jurisprudence. In 1803, in the landmark case of Marbury v Madison the Supreme court first exercised the concept of Judicial Review and it has become an accepted aspect of American Jurisprudence. OYEZ OYEZ OYEZ 12 2014

13. The Federal interest and financial support from Congress is justified by the “general welfare” clause of Article 1, Section 8 of the U. S. Constitution The Federal interest and financial support from Congress is justified by the “general welfare” clause of Article 1, Section 8 of the U. S. Constitution Federal Courts are involved based upon the concept of Judicial Review the courts’ interpretation of the Constitution Federal Courts are involved based upon the concept of Judicial Review the courts’ interpretation of the Constitution 13 2014

14. Federal Court Involvement is often based on Amendment XIV Federal Court Involvement is often based on Amendment XIV Central to the amendment are three concepts and phrases: Central to the amendment are three concepts and phrases: We are U. S. citizens and thereby we are citizens of our state We are U. S. citizens and thereby we are citizens of our state “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law. nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law. http://www.law.cornell.edu/constitution/amendmentxiv http://www.law.cornell.edu/constitution/amendmentxiv http://www.law.cornell.edu/constitution/amendmentxiv 2014 14

15. The U. S. Circuit Courts of Appeal are below the Supreme Court Louisiana is in the Fifth Circuit Court of Appeals – in 1981 Congress created the Eleventh Circuit Court Of Appeals to make the Fifth Circuit smaller 15 2014

16. SLU Website SLU Website Library Library Articles and Databases Articles and Databases Databases by title: choose L-M Databases by title: choose L-M LEXISNEXIS Academic LEXISNEXIS Academic 16 2014