Legal Question in Education Law in Minnesota

No Child Left Behind Act

I'm taking a legal term class at MSB in MN and one of our assignments is to look at current events. This weeks topic is the recent lawsuit against the Bush administration regarding the No Child Left Behind Act. The article we were referred to states that Margaret Spellings, the Education Secratary is accused of ''violating the law and spending clause of the U.S. Constitution. I've been searching this website to find this spelled out more clearly. Can you please point me in a direction to find this information. If you also have any knowledge of this also I would greatly appreciate your input.

Regards,

Penny Bengtson


Asked on 4/26/05, 11:51 pm

1 Answer from Attorneys
Dale Lundquist (Solo)

Re: No Child Left Behind Act

There is no "spending" clause, per se, in the Const. but several sections which deal with raising and spending money. I am not familiar with the case but as a member of the President's Cabinet, Sec. Spellings is within the Executive branch of the government. The powers of the President and his/her subordinates are set forth in Article II of the Const. Read that Article, it's not long. I'll bet you'll figure it out. Good luck.

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Answered on 4/27/05, 1:10 am


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