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Is The Right To Home School In The Constitution?


Perhaps you read the recent article, "Where in the Constitution."  Did the thought come to you, "Where would I find in the Constitution the right to home school?"  Itís there!


Some folks may answer that question by saying that the President has a Secretary of  Education.  Could we find support for home schooling there.  No, you won't find it there.  In fact, education is NOT one of the items delegated to the federal government by the Constitution.  If you have studied "You, Your Child and the Constitution," you know that, if the authority to do a certain thing hasn't been delegated to anyone in the federal government by those who wrote and ratified it, NO ONE in the federal government is allowed to lay a finger on it.  Is the word education or the word school in the Constitution?  No!


"But," you say, "didn't you say the right for me to home school is in the Constitution?  Maybe itís in----but you said the words education and school aren't in the Bill of Rights."


You are right.  They aren't.  But, I did say, "The right to home school is in the Constitution."  It is.


As I was contemplating this article my mind roamed over the pages of my most recent literary accomplishment-"You and the Bill of Rights" with the same question in mind.


"Aha!" I said.  "How about the Tenth Article of the Bill of Rights?  What does it say?  Put home schooling along side of the Tenth Article and there it is: "The powers not delegated to the United States by the Constitution...." (do you see where Iím going?). "  The powers not delegated to the United States by the Constitution,... are RESERVED... TO THE PEOPLE."  Home schooling is a "reserved to the people."  There is nothing about education delegated to either the United States or the individual States in the Constitution.  If either has not been told they may do a thing, they may not.


Notice I didnít say "can" but "may."  "May" means (you know this!) "allow."  Repeat: if the thing any officer in the federal government wants to do is not spelled out in the Constitution, that officer is NOT ALLOWED (not delegated) to do that: PERIOD!


Of course, no one pays any attention to the Constitution these days!  No one in Congress, or the Supreme Court, or in the Presidentís cabinet.  Think of all the things these officers are doing.  We cannot find in the Constitution with its Bill of Rights the power/authority to educate.  The Tenth Article of the Bill of Rights clearly states, "The powers not delegated to the United States by the Constitution... are RESERVED TO THE PEOPLE."  In other words home schooling is "a power not given the federal government," therefore, that is a right reserved to/kept by the people.




Furthermore, the right of parents to control the education of their own children is protected by the Constitution under (1) freedom of speech, (2) the freedom of religion, and (3) the right to privacy as well as by the Ninth and Tenth Articles of the Bill of Rights.  Even more importantly, however, the right to educate our own children is a God-given, unalienable right.  The U.S. Constitution doesnít give it to us; the federal government doesnít give it to us; God Himself has given it to us!  In fact, He commanded us to do just that inasmuch as all knowledge ultimately originated with him!


"Thou shalt teach them (my words) diligently unto thy children, and shalt talk of them when thou sittest in thine house, and when thou walkest by the way, and when thou liest down, and when thou risest up," (Deuteronomy 6:5-7).  (When would your child have time to be "sent" to school?)  The Bill of Rights didnít give us our rights; it simply tells the governmental officers, "Hands off our rights."  Can you defend the Bill of Rights?  Judge Moore is; you can too.  Have you ordered your copy of "You and the Bill of Rights"?

Question: To what great document written in the 18th century did the appellation "The New Roof" apply?


Answer: John Fiske wrote in 1888 in regard to the newly created Constitution: "The New Roof, as men were then fond of calling the Federal Constitution,..." Fiske, John, "The Critical Period of American History-1783-1789," Houghton Mifflin Company, The Riverside Press, Cambridge, 1888, p. 338

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