[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.

[RonF]

You have all stated that the 10th Amendment forbids the establishment of public education. How?

Dr. Frank: wherein does the establishment of public education by the states violate the 5th amendment? Doesn't the actions of State goverments to establish public education, and the funding of it in most states by a combination of state and local taxes created by elected officials (the local ones are usually levies that are directly voted on by the populace) represent due process?