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Would Congress proposing such a bill be constitutional or not? Why or why not?

2007-08-28 16:34:09 · 3 answers · asked by Anonymous in Politics & Government Other - Politics & Government

3 answers

Congress cannot do it directly, because it is not within the enumerated powers in Article I (or anywhere else).

However, Congress can get around that by bribing the states to make the changes voluntarily. This works by Congress being willing to give the states money (which is a allowed under Article I Section 8) but also making that grant of money contingent on the states adopting the curriculum.

That's the same way Congress got the states to pass seatbelt laws, mandatory drinking ages, etc.

2007-08-28 16:39:46 · answer #1 · answered by coragryph 7 · 1 0

see answer below, education is a local/state issue but Congress holds the purse strings which states depend upon. Still some states have resisted the money pressure thing. I know that in Colorado there was a lot of resistence to passing certain laws related to DUI even though it meant reduced federal highway funds because of states rights issues.

2007-08-28 23:43:54 · answer #2 · answered by lakewood_lefty 2 · 0 0

the congress has crapped all over the constitution for decades...they do what they want

2007-08-28 23:40:28 · answer #3 · answered by bubba 4 · 0 0

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