[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,

[muawiyah]

Not quite sure why the 10th would out-law the Department of Education, but for sure Thomas Jefferson proposed and Congress passed a budget that provided federal funds to Roman Catholic priests to teach school in the Old Northwest Territory!

At least in Jefferson's eyes, if not those of Earl Warren, support for education was a federal matter, as well as a state and local issue (see NorthWest Ordinance, written by Jefferson, for mechanisms provided to finance education).

Going beyond the narrow issue of whether or not education is federal, state or local, in Jefferson's eyes, if not those of Earl Warren and that ilk, it was quite appropriate to rely on religious institutions, even, in fact, those held in low regard, even fear, for the purpose of providing education to the people.