[RonF]

"Neither is public education."

Yes, but unlike religion, there is nothing in the Constitution forbidding an establishment of public education.

[Maceman]

Yes, but unlike religion, there is nothing in the Constitution forbidding an establishment of public education.

It is prohibited by the Tenth amendment. I would also argue that its prohibition is indirectly -- though not specifically -- supported by the First Amendment. (If we don't let the federal government dictate the content of our newspapers, how can we, as a free people, allow it to dictate the content of our classrooms and textbooks?)

[robertpaulsen]

If it's not listed in the Constitution, the federal government isn't allowed to do it. Many people, like yourself, think that the federal government may do whatever it wishes as long as the Constitution does not forbid it. Just the opposite, and the tenth amendment re-affirms it.

[Dr. Frank fan]

Yes, but unlike religion, there is nothing in the Constitution forbidding an establishment of public education.

Yes there is; see the Fifth Amendment (private property shall not be taken without due process) as well as the Tenth Amendment which would seem to render a federal "Department of Education" unconstitutional, leaving it a state matter.

As for religion, the only thing forbidden by the Constitution is for Congress to make a law respecting the establishment of a religion. States are principle still free to do so, and did. (Not that I want this to happen, mind you :)

Best,

[mc5cents]

Yes, but unlike religion, there is nothing in the Constitution forbidding an establishment of public education.

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.

[rwfromkansas]

In the Thomas Jefferson Papers at the Library of Congress, the Kentucky Resolution includes this little interesting portion:

"3. Resolved, That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution,that "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"; and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same, as this State, by a law passed on the general demand of its citizens, had already protected them from all human restraint or interference. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press": thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violates either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion,are withheld from the cognizance of federal tribunals. That, therefore, the act of Congress of the United States, passed on the 14th day of July, 1798, intituled "An Act in addition to the act intituled An Act for the punishment of certain crimes against the United States," which does abridge the freedom of the press, is not law, but is altogether void, and of no force."

Letter to Samuel Miller:

"I consider the government of the United States as interdicted by the Constitution from intermeddling with religious institutions, their doctrines, discipline or exercises. This results not only from the provision that no law shall be made respecting the establishment or free exercise of religion, but from that also which reserves to the States the powers not delegated to the United States. Certainly, no power to prescribe any religious exercise or to assume authority in any religious discipline has been delegated to the general government. It must then rest with the States."

Letter to Elbridge Gerry:

"I am for freedom of religion and against all maneuvers to bring about a legal ascendancy of one sect over another."

The Works of Thomas Jefferson---Thomas Jefferson to Benjamin Rush:

"The successful experiment made under the prevalence of that delusion on the clause of the Constitution, which, while it secured the freedom of the press, covered also the the freedom of religion, had given to the clergy a very favorite hope of obtaining an establishment OF A PARTICULAR FORM OF CHRISTIANITY THRO' THE U.S.; and as every sect believes its own form is the true one, every one perhaps hoped for his own, but especially the Episcopalians and Congregationalists. The returning good sense of our country threatens abortion to their hopes, and they believe that any portion of power confided in me, will be exerted in opposition to their schemes. And they believe rightly."

(notice that this one indicates a view of the Establishment clause that is of a modern conservative, that it strictly refers to a legal establishment of a faith).