Reaching English Learners Act

Enumerated powers · raises concerns · severity: significant

The federal government has no enumerated power to regulate or fund education. Article I, Section 8 lists specific powers, and education is not among them. The General Welfare Clause (Article I, Section 8, Clause 1) has been interpreted broadly, but the Tenth Amendment reserves powers not delegated to the United States to the states. Federal grants in education, even if conditional, often exceed the enumerated powers doctrine as originally understood. The bill directs the Department of Education to establish a grant program, which is an exercise of federal authority over education, a matter reserved to the states.

Bill of Rights · passes

The bill does not directly infringe any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, fair trial, jury, or cruel and unusual punishment. The Ninth and Tenth Amendments are not directly violated by the bill's provisions, though the Tenth Amendment is implicated in the decentralization check.

Individual liberty · passes

The bill does not restrict individual liberty. It creates a grant program for teacher training, which does not compel or prohibit individual action. Individuals remain free to pursue education and careers as they choose. The burden of justification for any restriction is not triggered because no restriction exists.

Decentralization · raises concerns · severity: significant

The bill fails the decentralization test. (1) Individuals and families cannot handle the training of teachers for English learners without government involvement, so the first question is answered 'no.' (2) Local communities and counties could handle this without state involvement, but the bill does not require state involvement; it creates a federal program. (3) States can and do handle education without federal involvement, so the third question is answered 'yes.' (4) The bill consolidates decision-making at the federal level, which is higher than the minimum necessary, because states and localities already have the capacity to address this issue. This fails the test and implicates the Tenth Amendment.

Due process and takings · passes

The bill does not bypass due process or take property without just compensation. It establishes a grant program, which is a voluntary federal spending initiative. No individual is deprived of life, liberty, or property without due process, and no property is taken for public use without compensation.