According to article 1, Section 8 of the US Constitution, there is no mention of education as being one of the enumerated powers of the Federal govenment. So the answer is NO! This means that the Department of Education has no constitutional authority in this area and the department should not exist.
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== == Enumerated powers are powers directly written in the constitution. Enumerated Powers of the Congress include: • Collect taxes • Borrow money • Regulate trade • Establish Bankruptcy codes • Coin money • Establish post offices • Provide a military • Provide a militia • Make all necessary and proper laws • Declare War
Education and public health
The power to create laws, that is legislate is the sole power of Congress as enumerated by the United States Constitution. Congress has further enumerated powers to check and balance the executive and judicial branches of government.
The Congress shall have power to lay and collect taxes,duties,imposts, and excises, to pay the debts and provide for the common defence and general welfare of the US but all duties,imposts, and excises shall be uniform thoughtout the US.