- The Washington Times - Wednesday, December 2, 2009


Your editorial “Schoolyard bullies” (Opinion, Monday), regarding a government takeover of student loans (analogous to health care reform’s public option), says, “The Department of Education should cease and desist.” What it should have said was that the Department of Education should cease to exist.

Its creation in 1980 was unconstitutional. The 10th Amendment 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.” Nowhere does the Constitution empower the federal government to regulate education. That power, not being delegated or even mentioned, is barred to the federal government by this amendment, the concluding and most important article in the Bill of Rights.

Federal government expansion is drowning this nation. As Hispanic folk wisdom puts it, the waters should return to the riverbed. The Constitution’s 10th Amendment is our authority to make that happen.





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