Education as a Constitutional Right
Bill in Congress to Make Public Education a Constitutional Right
As another reminder of attempts to take educational choices out of the hands of parents, legislation has been introduced in Congress proposing to amend the U.S. Constitution to make public education a “right.”
House Joint Resolution 29, introduced by U.S. Rep. Jesse L. Jackson, Jr., (D-Illinois) in 2005, is eerily similar to language in the United Nations Convention on the Rights of the Child. The dangers of the UN Convention are well known. It would undermine families by granting to children a list of “rights” which include “the right to privacy,” “the right to freedom of thought and association,” and the right to “freedom of expression.” Such presumptions subvert the authority of parents to exercise important responsibilities toward their children. Similarly, H.J.R. 29 would allow the government to override a parent’s educational decision making, because it would give every child a “right” to a public school education. A parent who decided to homeschool or privately school their child could be accused of interfering with their child’s “right” to attend public school.
The proposed amendment also says that “Congress shall have power to enforce and implement this article by appropriate legislation.” This would allow Congress to completely control education and effectively override the U.S. Constitution’s 10th amendment, which reserves non-delegated powers to the states.
The proposed amendment would be very dangerous to parental rights and homeschoolers. Thankfully, it will not be acted upon under the Republican controlled House of Representatives. H.J.R. 29 has languished in the House Judiciary Committee since it was introduced and it is not expected to be heard before the 109th Congress adjourns in October. However, this proposed amendment could be reintroduced, and fast-tracked for action, if Democrats take control of the House of Representatives after the November 7 election.
HSLDA’s National Center is monitoring this legislation and will remain vigilant to ensure that a parent’s God-given right to decide what is best for their child’s education is not undermined by our nation’s laws. The National Center is not recommending any action at this time.
Other Resources
HSLDA’s Bill Page on H.J.R. 29
As another reminder of attempts to take educational choices out of the hands of parents, legislation has been introduced in Congress proposing to amend the U.S. Constitution to make public education a “right.”
House Joint Resolution 29, introduced by U.S. Rep. Jesse L. Jackson, Jr., (D-Illinois) in 2005, is eerily similar to language in the United Nations Convention on the Rights of the Child. The dangers of the UN Convention are well known. It would undermine families by granting to children a list of “rights” which include “the right to privacy,” “the right to freedom of thought and association,” and the right to “freedom of expression.” Such presumptions subvert the authority of parents to exercise important responsibilities toward their children. Similarly, H.J.R. 29 would allow the government to override a parent’s educational decision making, because it would give every child a “right” to a public school education. A parent who decided to homeschool or privately school their child could be accused of interfering with their child’s “right” to attend public school.
The proposed amendment also says that “Congress shall have power to enforce and implement this article by appropriate legislation.” This would allow Congress to completely control education and effectively override the U.S. Constitution’s 10th amendment, which reserves non-delegated powers to the states.
The proposed amendment would be very dangerous to parental rights and homeschoolers. Thankfully, it will not be acted upon under the Republican controlled House of Representatives. H.J.R. 29 has languished in the House Judiciary Committee since it was introduced and it is not expected to be heard before the 109th Congress adjourns in October. However, this proposed amendment could be reintroduced, and fast-tracked for action, if Democrats take control of the House of Representatives after the November 7 election.
HSLDA’s National Center is monitoring this legislation and will remain vigilant to ensure that a parent’s God-given right to decide what is best for their child’s education is not undermined by our nation’s laws. The National Center is not recommending any action at this time.
Other Resources
HSLDA’s Bill Page on H.J.R. 29
