Is Home Schooling Legal?

Like most people that educate their own children, I have been asked if Home Schooling is actually legal. I think that a more pertinent question would be “Are Public Schools Legal?” I have come to the conclusion that public schools are not legal as now constituted, in fact Federal involvement in the public schools is expressly prohibited by the United States Constitution.

Ultimate Source of Authority.

The tenth amendment to the United States Constitution states:

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.”

This shows that the powers of government are indeed delegated to it, but from what source. Once again, the constitution its self gives us the answer.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

You will note that the preamble to the constitution begins with the words, “We the People”. It was the people themselves that delegated this authority to the United States Government, and where did the people receive these powers? The declaration of Independence provides the answer.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

“Men are endowed by their Creator with certain inalienable Rights.” God is the source of our rights. God created men, and is therefore greater than man. Man created Governments, and is therefore greater than their creation. The just powers of government are delegated to that government by the people themselves. The founding fathers exhibited tremendous wisdom in writing the constitution. They had long experience with a government that abused the people. They created a government with limited and enumerated powers. Put another way, the constitution is a permission slip. It is a list of things that the government is granted permission to do. The government does not have power to do anything that it is not specifically granted authority to do by the constitution its self.

What Kinds of Powers Can Be Delegated?

I can only delegate authority to another, if I myself have that same authority. I cannot give what I do not have. I do not have check signing authority for General Motors Corporation, and therefore, I cannot delegate that authority to you, or anyone else. Even if I did have the authority to sign those checks, that does not give me the authority to add the name of another. That authority lies with the owner of the account.

Belt And Suspenders!

As you will recall, the nation refused to approve the constitution without a Bill Of Rights. Many of the founding father argued that the Bill of Rights was unnecessary because the constitution granted no authority to do anything covered by the Bill of Rights. Yet, the nation, in their wisdom chose to take no chances, and passed the Bill of Rights anyway. The constitution both failed to grant authority, and specifically prohibited the government from engaging in certain acts. I call this form of double protection “The Belt and Suspenders” method.

Where does the Constitution prohibit Public Schools?

Public schools are not permitted because of what the constitution does not say, and because of what it does say.

What The Constitution Does Not Say.

Article 1 Section 8 enumerates the powers of Congress. This is the section where We the People gave congress a list of things that they had permission to do. As we examine this list, education is not mentioned. The word school, in any form is absent. Indeed, the constitution, in its entirety is devoid of any reference to education, children, school or anything even implying the same. They don’t have permission to participate in education, and therefore are prohibited from any involvement.

What The Constitution Does Say.

“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; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The First Amendment, cited above, prohibits government control of:

Religion
Speech
The Press
Peaceful Assembly
The right to petition the government for the redress of grievances.

What Does The First Amendment Have To Do With Education?

People form their opinions and beliefs based on the information that they receive. Each of the freedoms mentioned in the first amendment involves the exchange of information. We the people have the right to believe, say, write and publish, what we want. We have the right to gather in large groups, if we behave ourselves, and the right to tell the government what we think about them, without fear of reprisal. People form their opinions and beliefs based upon the information that they receive. The protected rights mentioned in the first amendment, are all means of either receiving, or transmitting information. The government is prohibited from entering into these areas. So, what does the government do? They take over the schools (originally established by parents), and deny our children their rights to freedom of religion. The government (schools) then take control of the information that our children receive. This is clearly unconstitutional.

Reverse Censorship

Censorship takes place when the government prohibits the publication of a book, or other communication media. What do you call it when a government agency requires the reading of a prescribed set of books? If there are so many books that a child is required to read that the child has no time to read anything else, the result is the same.

“I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man.”

Thomas Jefferson

Who then should run the schools? Liberals would slant curricula to produce liberals. Conservatives, myself included, would have a strong emphasis on the constitution, as this would have a strong tendency to produce conservatives. Business would turn education into job training.

Whose motives are pure enough to entrust with our children? Who among us is certain to pass on the values that the parents want passed on to their children? Only the parents of each child has this right. Only the parents can be trusted to have the best interests of the child at heart. It is true that they will be wrong much of the time. What else is new? Educators are frequently wrong. Liberals are almost always wrong. It is much easier for me to accept the consequences of my mistakes, than for me to see my child take the consequences of another’s mistakes.

How true it is, “The hand that rocks the cradle rules the world”, and my¾oh¾my how they jockey for position at the cradle. Study after study shows that children raised in day care are better off than those raised at home. As H. G. Wells said “There are some ideas so stupid that only an Academic could believe them!”

Like Thomas Jefferson, I too have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man.

Paul R. Stone

P.S. Get your hands off my cradle.

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