Where does education fit into the Bill of Rights and the Constitution?

YES, another victim of the Great CoronaVirus Pandemic and Panic. Among her many other crimes, the recent degree by that evil monster in the form of a human woman who rules Michigan with an increasingly iron rod includes some zingers.

bam: Adult Homeschoolers Speak Out: Top 3 Reasons Parents ...

It, among other things bans ALL “in-person” teaching for grades K-12 for ALL schools; public and private. According to a WND article, home schools are legally defined in Michigan as “non-public” schools, and EO 2020-35 orders those as well as the public schools closed. (The dictator has published more than 60 executive orders this year, micromanaging the lives of anyone unfortunate enough to live in “her” State.

This is, of course, being fought. In the courts. And at least somewhat “in the streets.” Though peacefully, so far: it is reported that as many as 30,000 vehicles participated in the “Gridlock” protest in Lancing on Wednesday the 15th, with perhaps 70,000 to 100,000 people participating. Reportedly, 300,000 people have signed petitions demanding the tyrant be removed from office.

I suspect that many homeschooling families are flat-out ignoring her illegal, immoral demands on “in-person” instruction. And probably in a lot more things.

The Great Lakes Justice Center is leading the legal battle. Among other matters, they point out the dictator is violating Michigan’s own State Constitution in MORE than just Michigan’s Bill of Rights. They point out that Constitution gives authority over public education in the State to the State Board of Education, NOT the governor. (Actually, Article VIII of the Michigan Constitution specifies a State Superintendent of Education, appointed and supervised by an ELECTED State Board of Education. (See below))

Even though parents may be using internet methods of instruction (and therefore skirting the “in-person” prohibition, they still run afoul of her megalomaniacal decree, for she dictates the content of the “other than in-person” education.

Great Lakes Justice spokesman David Kallman said (as quoted in the WND article): “The governor has no authority to direct nonpublic schools (i.e., private schools and home schools) to operate their educational programs and processes in any particular way. Further, parents have a fundamental constitutional right to raise and educate their children.”

While this is clearly a Ninth/Tenth Amendment matter, it is also a First Amendment – freedom of speech and association – matter. (That is sections 3 and 5 of the Michigan Declaration of Rights (1863 Constitution).) It is probably also a violation of section 4, religious liberty.

Which raises the even larger question: Where does the Constitution (or even the Common Law) state that ANY government body has control over how parents educate their children – or how ANYone is educated?

I submit that neither of these constitutions (US or Michigan) or the Common Law give ANY AUTHORITY TO GOVERNMENT to regulate or control ANY aspect of home or private schooling – the government is AUTHORIZED by the Michigan government to create and operate a public school system, and PROHIBITED from funding (or apparently, controlling, a sectarian school. (Although Section 1 of Article VIII says:    Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. Which means that the State is to ENCOURAGE religious AND private schools. Just not fund them.

And schooling at home, privately, and anything related to that is PROTECTED by freedom of speech, freedom of assembly, and

That is a FAR cry from what the State of Michigan is letting its governor-tyrant do. Next week, they need 50,000 cars and trucks out shutting down state government the way she had shut down their lives.

Michigan 1963 Constitution Article VIII Sec. 3.   Leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, is vested in a state board of education. It shall serve as the general planning and coordinating body for all public education, including higher education, and shall advise the legislature as to the financial requirements in connection therewith.   The state board of education shall appoint a superintendent of public instruction whose term of office shall be determined by the board. He shall be the chairman of the board without the right to vote, and shall be responsible for the execution of its policies. He shall be the principal executive officer of a state department of education which shall have powers and duties provided by law.   The state board of education shall consist of eight members who shall be nominated by party conventions and elected at large for terms of eight years as prescribed by law. The governor shall fill any vacancy by appointment for the unexpired term. The governor shall be ex-officio a member of the state board of education without the right to vote.   The power of the boards of institutions of higher education provided in this constitution to supervise their respective institutions and control and direct the expenditure of the institutions’ funds shall not be limited by this section.

About TPOL Nathan

Follower of Christ Jesus (a christian), Pahasapan (resident of the Black Hills), Westerner, Lover of Liberty, Free-Market Anarchist, Engineer, Army Officer, Husband, Father, Historian, Writer, Evangelist. Successor to Lady Susan (Mama Liberty) at TPOL.
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1 Response to Where does education fit into the Bill of Rights and the Constitution?

  1. Pingback: Where does education fit into the Bill of Rights and the Constitution? – Rational Review News Digest

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