Originally
posted by
ssewellusmc:
Just searched my handy dandy constitution, no where did I see education as a power explicitly delegated from the States to the Federal gov't... that's odd...
Nor is it executed as a power. Again, if any of you knew anything about this it would be a worthwhile discussion.
Like many "federal powers", it is purely the "power" of the purse, not constitutional power that draws state compliance. For example, some states have chosen to forego federal highway transportation dollars so that they don't have to comply with DoT regulations -- and that is perfectly legal!!!
Likewise, virtually everything the U.S. Dept of Education does is "incentive" based. Do you want $100M in Race to the Top $$ - here are the criteria! Don't want it - then the criteria don't matter for you!
If Congress passes a law (which they have the constitutional right to do) the Executive Branch is charged with enforcing said law. The "Department of Justice" is not something described in the Constitution. Enforcement of the Laws is the role of the Executive Branch. The Office of the Inspector General (in any federal agency, not just Education) is a Law Enforcement Agency with authorization by the Department of Justice, oversight by the FBI/AG/DoJ and direct budgetary reporting to the Dept in which it is housed and with whom it cooperates on fraud investigations.
BTW, do you know why they investigate "fraud" so much? Because if you are violating a "rule" of a federal agency like the Dept of Education, you often aren't breaking "the law". As I mentioned, these are incentive based programs. What you are doing is committing "fraud" -- i.e. taking the money and lying about compliance. Fraud against the Federal government is a federal offense.
Your argument about whether or not a federal department should have an OIG isn't a constitutional argument, its just an argument about how the Executive Branch is choosing to organize itself and how to carry out its Executive responsibility to enforce laws (in most cases, fraud).
Your argument about whether there should *be* a Department of Education is more about whether the federal government should have the "right" or "option" to enact incentive-based programs that are opt-in for the states.
No constitutional law is being broken here. The "power" is still with the states. Seriously, if you think differently, take them to court and find out.