Where Have We Been?
From the very beginning of our Republic, a well-educated citizenry was thought to be essential to protect liberty and the general welfare of the people. Even before the Constitution was established, the Land Ordinance of 1785 and the Northwest Ordinance of 1787 included responsibilities of the nation for an education system. Education has long been considered a national concern by the federal government. Through federal action, education has been encouraged and financially supported from the first Northwest Ordinance in 1785 to the present. Article 1, Section 8 of the Constitution granted Congress the power to lay and collect taxes to provide for the general welfare of the United States. It is under this “general welfare” clause that the federal government has assumed the power to initiate educational activity in its own right and to participate jointly with states, agencies and individuals in educational activities.
During the first century of our new nation, Congress granted more than 77 million acres of the public domain as an endowment for the support of public schools through tracts ceded to the states. In 1841, Congress passed an act that granted 500,000 acres to eight states and later increased land grants to a total of 19 states. The federal government also granted money, such as distributions of surplus federal revenue and reimbursements for war expenses, to states. Though Congress rarely prescribed that such funds be used only for schools, education continued to be one of the largest expenses of state and local governments so the states used federal funds whenever possible for education.
Two of our constitutional amendments played an important role in public education. In 1791, the 10th Amendment stated, “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.” Public education was not mentioned as one of those federal powers, and so historically has been delegated to the local and state governments.
In 1868, the 14th Amendment guaranteed rights to all citizens by stating, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens in the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.”
For a more detailed examination read the LWVUS Background Paper on Historical Perspectives on the Role of the Federal Government in Public Education.
Produced by the LWVUS The Education Study: The Role of the Federal Government in Public Education
© 2011 by the League of Women Voters of the United States