Lifelong Learning Act

The Constitution grants Congress no general power over education. Article I, Section 8 enumerates specific powers, and education is not among them. The Tenth Amendment reserves all powers not delegated to the United States to the States or the people. While the General Welfare Clause (Article I, Section 8, Clause 1) might be invoked, it cannot be used to justify an unlimited federal authority over matters traditionally within state jurisdiction, as argued in Federalist No. 33 and No. 41. This bill would exceed the limited and defined powers of the federal government.

This bill, by establishing a federal committee to oversee and fund lifelong learning programs, exceeds the enumerated powers of Congress as defined in the Constitution. The Tenth Amendment reserves to the states or to the people all powers not delegated to the United States, and education is not among the delegated powers. Furthermore, the First Amendment protects the freedom of individuals to pursue knowledge without government direction, and this act would impose a federal orthodoxy on learning, which is contrary to the spirit of liberty.

The Lifelong Learning Act, as a general federal measure concerning education, exceeds the limited and enumerated powers delegated to Congress by the Constitution. Education is not among the powers expressly granted in Article I, Section 8, and the Tenth Amendment reserves such matters to the States or to the people. While Congress may appropriate funds for the general welfare, a broad act of this nature would intrude upon the reserved powers of the States and risk consolidating authority in the federal government, contrary to the principle of federalism. The proposed legislation does not fall …

This Act, being a federal statute concerning education, is not within the enumerated powers of Congress unless it is a proper exercise of the power to tax and spend for the general welfare, or is necessary and proper to effectuate an enumerated power. As the bill has only been referred to committee and its specific provisions are not before us, its constitutionality must depend upon its actual operation. If it merely provides conditional spending or incentives for lifelong learning, it may be permitted under Article I, Section 8, Clause 1. If it attempts to commandeer the States or regulate ed…