Introduction Of H.R. 3499, Returning Control Of Public Education To The States
Mr. Speaker, I am proud to follow my good friend from Utah and join with my colleagues from New Jersey and North Carolina tonight to speak in support of Federal legislation to restore the single most important part of our Constitution, the…
Mr. Speaker, I am proud to follow my good friend from Utah and join with my colleagues from New Jersey and North Carolina tonight to speak in support of Federal legislation to restore the single most important part of our Constitution, the 10th amendment.
We all know from English class the beginning and the end of a document are the most important, and why our Constitution begins with, ``We, the People,'' and why the Founders wrote at the very end of the Constitution a declaration that they believed was as self-evident as saying the sky is blue: That all power not specifically delegated to the Federal Government in the Constitution was reserved to the People and the States.
The 10th amendment has been forgotten largely, and all of us as Republicans are committed to doing everything that we can to try to preserve and protect the power of the States and individuals. The way I often express it to my constituents is, I am a Republican because I want to get the Federal Government out of our lives and free us from the income tax, the most intrusive possible tax, to go to a national consumption tax to restore local control over public education, which is what we are here to talk about tonight, legislation that I filed with my colleague from Utah (Mr. Bishop), with other colleagues here tonight from New Jersey and North Carolina.
H.R. 3499 will return control over public education to the States using a very simple concept that I can really actually best illustrate by using these three glasses of water.
If you imagine that this first glass represents we the people and the water within it all the rights, powers, and privileges given to us as individuals directly from the hand of God, the way our constitutional system works is that we the people, and I will use Texas as the example. When we the people of Texas created the Republic of Texas, we only agreed in the creation of the Republic of Texas in our constitution to give the Republic of Texas maybe that much power and reserve the rest to we the people.
When the Republic of Texas became a State at midnight December 29, 1845, and this is true of every other State in the Union, when Texas joined the Union in 1845, the State of Texas only agreed to give the Federal Government maybe about that much power. Very limited and specific.
But as a result of the war between the States, the assassination of Abraham Lincoln, the Radical Reconstruction Congress, the concentration of power in Washington, Congressmen who love to pass bills that are tough on crime and who want to protect the schools and the little children, and FDR and the New Deal, and judges like William Wayne Justice in Texas, who took over our prison system, all power today is concentrated in Washington. There is really very little, if anything, left in the States; and certainly we wonder how much individual freedom we have left.
However, what Congress can take away by statute we can restore by statute. And there is so much Federal law governing the way our public schools work that these two books, Mr. Speaker, represent the two public education titles, Title XX of the U.S. Code, and that is the other half of Title XX. Those Federal statutes that send about $13 billion out to the States in Federal education grants are sent to the States primarily through the education bureaucracies.
I, like Mr. Bishop, came to the State legislature. We would meet in Texas every other year. And when we would return, we would discover that the Texas Education Agency had signed us up for some new Federal education grant program that we knew nothing about. But we now, as State legislators, had the responsibility to pay for that program. And often it was an underfunded or completely unfunded Federal mandate which we then had to come up with new money, like Mr. Bishop mentioned for the computer.
I have been looking for a way to design a Federal law that operated automatically, like a computer virus, transferring authority over public education over these Federal grant programs automatically back to the States, transferring, and using the water glasses again, the Federal glass, by statute, control back to the States over public education automatically.
H.R. 3499 does that. It states very simply that all Federal education grant programs, other than IDEA, the Individuals with Disability Education Act, and Federal grants, for example, to Indian nations or military bases, that all other Federal education grant programs, about $13 billion worth, go away in your State unless the State legislature passes a law and says, yes, we want the money with all the strings attached and we surrender State sovereignty or State control over public education to the extent that State law is inconsistent with Federal law.
This would do several things: First of all, obviously, it would save a lot of money, for the money that the States walk away from saying that there are too many strings. But H.R. 3499 is in the Education Committee, and I deeply appreciate the support of my colleagues in helping to bring it to the floor for a vote to restore 10th amendment control over our schools.