The powers listed in the various Articles of the United States Constitution are referred to as "enumerated" powers because they are clearly written; if not so clearly defined. "Implied" powers are those derived from enumerated powers based on the "elastic clause" of the Constitution, which says Congress has the power to pass laws that are "necessary and proper" in carrying out those enumerated powers. An early example in US History is the debate over the First US Bank proposed by Alexander Hamilton. Opponents said it was unconstitutional because there was no enumerated power to support its creation and that the chartering of banks was thus a power reserved by the states. Supporters countered with the argument that such a bank was "necessary and proper" to carry out its power to regulate interstate trade. This conflict between federal and state power is called federalism.
For much of America's history, education has stayed clear of the federalism battle. Local and state governments have taken responsibility for building schools, approving curriculum, certifying teachers, and all the other legal aspects of education. Until the 1820s public education was strictly the prerogative of local communities. Schools tended to reflect the religious nature of the area and the operation of the school largely depended upon the needs of the community. in 1826, Massachusetts became the first state requiring the election of school boards to govern schools within their jurisdictional areas. Other states soon followed suit. The following year Massachusetts passed a law requiring public high schools, thus creating the basic structure of the modern public education system.
Soon states began to institute taxes to support education, pass laws establishing structural and curricular requirements, and regulations demanding compulsory school attendance. Curriculum became more standardized with the adoption of tools like the famous McGuffey's Reader. To coordinate and control local school boards and districts, state level offices of education were created and positions like Secretary of Board of Education instituted. With the exception of the Northwest Ordinance, which surveyed land into townships for taxation purposes and support for public schools, the federal government stayed out of the education business. Nationally, organizations were created that focused on educational issues. The National Education Association was founded in 1857 and the American Federation of Teachers in 1916.
The early 20th Century saw many changes in public education stemming from the growth of the social sciences. Academics like John Dewey saw education as a tool to develop a more progressive and socially aware society. The NEA published a report that made recommendations regarding the revamping of public high schools, creating our current secondary education system. Some states like Oregon made attendance to a "public" as opposed to "private" school for children compulsory. These laws drew much criticism from religious families and those fearing that government schools were indoctrinating their children with radical ideas. The federal government did step in when the Supreme Court ruled in Pierce v. Little Sisters of the Poor that "the fundamental theory of liberty" that governs the country applies to a parents right to chose educational options for their children.
After World War Two the federal government began to increasingly become involved in the operation of public schools. Initially through incentives but eventually in a more comprehensive manner. The most glaring deficiency in public education was the inequality that existed due to race relations. Once again, the Supreme Court stepped in with the Brown v. Board of Education of Topeka ruling that segregated schools are inherently unequal, thus pounding the first nail into the "separate but equal" coffin. The Cold War played its part after the successful launching of the first satellite, Sputnik, by the Russians. The National Defense Education Act of 1958 provided federal funds to public schools for the improvement of science, math, and foreign language instruction. In 1965 the Elementary and Secondary Education Act (ESEA) was passed, permanently involving the federal government financially in the affairs of local public schools. The ESEA became a tool for the federal government to influence what was taught and how it was taught, because money was attached to compliance. The relationship between education, state governments, and the federal government was changed forever.
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