THE FED'S HAVE NO LEGITIMATE BUSINESS IN EDUCATION
"234. A question has of late years arisen as to the power of
Congress to appropriate money to aid public schools in the
States. And it is sought to sustain it on the ground that, an
appropriation to each State is a local benefit, yet an
appropriation to all the States would make a general welfare. It
is conceded that the government itself could not establish an
educational institution in the State, that being a power
reserved to the State itself. About this there would seem to be
no doubt. And yet under the general welfare clause, while not
claiming to exercise the power, yet it is claimed to be within
the Hamiltonian Doctrine for the appropriation of money. It is
too obvious to escape observation that the appropriation of money
must be followed, as was proposed, with some supervision over its
expenditure, and as to the system of education to be pursued.
Indeed it is clear that Congress ought not to appropriate money
for a useless system of education; and if Congress intervenes as
to the system, because of the appropriation of money for the
purpose, it would be claiming in some degree the right to
exercise denied power - denied to Congress, and reserved
exclusively to the States. In such a case the language of Chief
Justice Marshall in Gibbons v Ogden2 is applicable: 'Congress is
not empowered to tax for those purposes which are within the
exclusive province of the States.'"
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