A new article in The Austin-American Statesman reports that Cynthia Dunbar, a member of the Texas State Board of Education, has introduced a new bill to the board that would nullify the Federal Board of Education’s claim to authority in Texas. The resolution posted by The Statesman reads as follows:

The resolution posted by The Statesman reads as follows:


WHEREAS the members of the State Board of Education as elected officials. have each independently taken an oath to uphold the Constitution ofthe United States; and

WHEREAS. preserving the integrity of our Constitution is essential to preserving both the appropriate jurisdiction of and the limitations upon our federal government; and

WHEREAS unauthorized government intrusion beyond the parameters outlined within the Constitution is tantamount to a direct assault upon the rights ofthe states and ultimately an assault upon the rights of the sovereign, the people; and

WHEREAS. to allow such a blatant attack upon the rights of the states and the people to go unchecked would be to allow the establishment of tyranny; and

WHEREAS. in preserving and upholding the Constitution. it is incumbent upon this Board to also recognize the Constitution’s nature as a document of enumerated powers and that the 10th Amendment specifically reserves all other rights not enumerated therein to the states and the people; and

WHEREAS. authority over educational policies does not fall within the purview of the Federal government and. as such all efforts by the federal government towards such control are unconstitutional; and

WHEREAS, any federal legislation that attempts to impact the direction ofeducational policy’ is made in excess of Congress’ authority and devoid of any merit; and

WHEREAS, the Department of Education is an unconstitutional bureaucracy. an inappropriate tinancial burden upon the taxpayers ofthe United States and without authority to impose any meaningful or substantive restrictions upon the state of Texas or any’ of its independent school districts.

RESOLVED that the Texas State Board of Education does hereby publicly declare the Department of Education to be an unconstitutional entity which is totally devoid ofany rightful authority; and be it further

RESOLVED that the Texas State Board of Education will not in any way acknowledge or recognize directives regarding the establishment of educational policy lor the state of Texas from either the Department of Education or from unconstitutional federal legislation; and be it further

RESOLVED that this resolution shall be presented to the Department of Education and that a copy of this Resolution be included in the permanent records of the State Board of Education; and be it further

RESOLVED that said Department of Education shall be put on notice that any such unconstitutional directives given by it to the Texas State Board of Education will be met with the principle of nullification and the clear admonition of “Don’t Mess with Texas!”

WITNESS our signatures this day of   ___ in the year of our Lord two thousand and _ Austin, TX

Though far from a reality, the very existence of this resolution is an indication that the Federal Government’s monopoly on education policy may be waning.  Dunbar’s motivation for the removal of Federal control may be rooted more in her own personal theology than liberty, but her bill could easily be taken up by mainstream Texans who simply want to have a say in what their children are taught in public schools.  Dunbar will be leaving the board at the end of the current term.

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



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