Question

The federal government prohibits racial segregation in public schools. What is the legal basis for this prohibition, and why is this issue handled at the federal level?
Federal law also says that religious schools cannot be supported with government funds. What is the legal basis for this prohibition, and why is this issue handled at the federal level?

At the state level, state boards of education set standards for school courses. They decide what students need to learn in each subject. Why do states have this power, and why might the state want to set school standards?

In local areas, school districts set tax rates for people who live in the district. The taxes pay for primary and secondary education. Where do local governments get this power, and why does it make sense to handle at the local level?

Any Help Is Appreciated!

Answer 1

Here is some help for a couple of these questions:

1) Racial segregation in public schools became illegal after the Brown vs. Board of Education case. This Supreme Court case that took place in 1954 ruled that segregated public places violate the 14th amendment rights of black citizens. The 14th amendment contains the Equal Protection clause, which states that all American citizens should be treated equally under the law.

2) Federal law cannot give funds to religious schools because of the idea of separation of church and state. Under the 1st amendment, individuals have the freedom to practice any religion they want. This amendment also prohibits the government from establishing a specific religion as the official religion of a country. By giving money to religious schools, the federal government would be endorsing a specific religion. This would violate the first amendment.

Answer 2

1. The legal basis for the government to prohibit racial segregation is on the landmark case of the Brown v. Board of Education (1954) in which it was determined that “separate but equal” facilities in schools were, indeed, unequal and a form of discrimination that instilled a sense of inferiority to African Americans children, and thus it violated the 14th Amendment (an amendment that guaranteed all citizens equal protection of the laws).

Furthermore, this issue is handled at the federal level because section 5 of the same amendment holds that the government has the power to enforce, by appropriate legislation, the provisions of the amendment.

2. Supporting religious schools with government fund is a way of promoting the establishment of a religion in the nation, which is prohibited under the 1st Amendment.

3. The Constitution does not say anything about giving the government the power to establish or control the educational system, and since the 10th Amendment states that the powers not delegated to the government and that are not prohibited to the States, are reserved to the States, then the States are free to decide the curriculum of their educational system and the structure of their schools. Now, one of the reasons that States may want to set school standard is because it deems education as elemental to form good, thinking and critical citizens that work toward the benefit of society.

4. The local government gets the power to tax people from their own constitution and this is handled at a local level because the taxes benefit the schools of their own states. Furthermore, taxing is one of the concurrent powers, meaning that both the states and the federal government can exercise simultaneously, but on different levels.