Opts Outs and the Tenth Amendment: Will the States and Localities Make Better Education Decisions Than the Federal Government?

Ed In The Apple

“Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.” (Articles of Confederation)

“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.” (Tenth Amendment to the Constitution).

In April of 1787 fifty-four Americans, plantation owners and small farmers, slave-holders and abolitionists, large states and small states began their slog to Philadelphia and the Constitutional Convention. The fledgling nation was struggling, the form of government, a loose, a very loose confederation of the thirteen former colonies had no common currency, no banking system, no army and couldn’t even pay the troops that fought and won the war for independence.  For most the trip with not with enthusiasm, previous efforts to amend the Articles…

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