Texas State Education Board Member Seeks To Nullify Federal Education Laws

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Dunbar seeks to nullify federal education laws

By Kate Alexander
Thursday, November 18, 2010, 02:31 PM



Outgoing State Board of Education member Cynthia Dunbar offered a “parting gift” to her fellow board members in the form of a resolution declaring the U.S. Department of Education an unconstitutional bureaucracy with no authority to impose restrictions upon Texas or its school districts.



No action was taken Thursday on Dunbar’s resolution, which states that education policy is outside the purview of the federal government granted by the U.S. Constitution so federal legislation addressing education is for naught.



Therefore, the Education Department “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!’”



Nullification is the legal theory that a state may deem invalid any federal law that the state finds unacceptable or unconstitutional. Most legal scholars maintain that nullification is unconstitutional.



But Dunbar, who decided not to seek re-election to a second term, is an assistant professor of law at Liberty University School of Law and has more than once used her own knowledge of the U.S. Constitution to make a point through board policy.



The resolution could be considered in January, when the 15-member board, including its five new members, next meets.