I couldn't agree more!
Not to mention - where does the constitution mandate government run public schools?
I tend to believe that the ToE will only be overturned by a court of public opinion and I'm not holding my breath on that one either.
Where does the Constitution mandate the existence of FreeRepublic, the State of Texas, or Fox News? Plenty of thigns happen without "Constitutional mandates."
"I tend to believe that the ToE will only be overturned by a court of public opinion and I'm not holding my breath on that one either."
Usually, scientific theories are debated and overturned by scientists, not by the court of public opinion.
In my state it's Article IX: The Florida Constitution. I assume your state's constitution has something similar.
I tend to believe that the ToE will only be overturned by a court of public opinion
Wait, do you really believe that scientific truth is determined by popular vote?
No jurisdiction. Sorry. Not qualified either. Science cannot for long be overruled by the masses, or even the government. See Lysenko for an example; even the Soviet machine couldn't do it for long.
(Besides, peasants and pitchforks are so out of style nowadays.)
I don't know about your home state, but in Washington State's Constitution it can be found in Article IX:
SECTION 1 PREAMBLE. It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.
SECTION 2 PUBLIC SCHOOL SYSTEM. The legislature shall provide for a general and uniform system of public schools. The public school system shall include common schools, and such high schools, normal schools, and technical schools as may hereafter be established. But the entire revenue derived from the common school fund and the state tax for common schools shall be exclusively applied to the support of the common schools.