One Size Fits...

During college, I was taking a class called Philosophy of Christian Education. The class discussed exactly what the course name stated - the philosophy, history, and intent of Christian education. This included some history of American government and exposure to several other teaching methods. This led to a brief and somewhat cursory glance at the federal Department of Education.

Constitutionally speaking, education is a state's rights issue - like many other social issues. The Constitution has never expressly given the power of organizing and controlling American education. The word education is not found in any of the seven articles outlining the powers of the federal government, nor is it found in any of the twenty-seven following amendments. This fact was stated in class, and then we moved on.

Fast forward to one of our unit tests. I came to a true or false question that stated, "The Constitution delegates education to the states." Naturally, I said true. However, when the professor was going through the answers and grading the test in class, he claimed the answer to be false. I raised my hand when he offered an opportunity for questions. I told him what number the question was and read it back to him; then, I said that he had stated the answer was false when it was true. The professor replied that education was not talked about in the Constitution. I agreed with him and added, "However, it falls under the enumerated powers clause of the tenth amendment."

My poor professor looked wildly confused. He was head of the Education Department at my school - not the History Department. So, I began to explain. The tenth 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." The power to regulate and control education is not found in the list of enumerated powers in Article 1 Section 8. This is the list that expressly defines the scope and sequence of Congressional and federal power.

The professor waved his hand at me to essentially shut me up. He spent some time looking at the question and contemplating the information that I had given him. When he looked up, he addressed the class, saying that he would look over what I had said but that he would likely throw out the question. (The majority of the class had said false, but I had proven beyond a shadow of a doubt that it was true - the Constitution did delegate education to the States.)

Knowing the Constitution of the United States helped me get a test question thrown out. Plus, I had successfully won my first - and probably only - case on constitutional law. That being said, the Constitution is not just for college test questions.

The Department of Education is just one example of an untold many that show how far out of control the federal government of the United States has become. I understand that there are situations today that need to be addressed that the Founders and framers of the Constitution could not foresee. Therefore, in their wisdom, they left the necessary and proper clause found at the end Article 1 Section 8: "And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States or in any Department or Officer thereof."

The necessary and proper clause has been used to justify a growing government intent on controlling more and more freedoms of the people. Who gets to decide what is necessary? What makes something proper?

When the Affordable Care Act was before Congress, the offices of those elected officials received more calls pleading against it than they had on any other bill in recent history. Congressmen have said that an issue is a big deal if their office receives ten calls over an issue and that it is incredibly important if they receive fifty. Over the ACA, Congress was inundated with calls. Yet, it passed.

Why?

Because Congress decided to claim that it was "necessary and proper". That the American people needed it - even if they didn't want it.

To be clear, I do not agree with the Affordable Care Act for many reasons. But, the main reason is that it was passed by the federal government. One size does not fit all.

Perhaps a few states want to pass something - socialized medicine, reciprocity for concealed carry, homosexual marriage, etc. But, maybe other states don't want anything to do with that issue. Congress has no right to declare uniform law on the states when the power to decide the issue was never expressly given to them.

One size does not fit all.

I am all for a strong central government; the Founders were as well. It's why we have the Constitution instead of the Articles of Confederation. But, I believe that the men who gave us our government would be appalled at what we call government today. I believe that they would want to scrap it and start again - because it has begun to resemble the government that they threw off.

Because it is a government that controls the people. Not a government of the people, by the people, for the people.

Much has changed since the American War for Independence. But, one truth still remains - one size does not fit all.