Education and Legislation 1

EDUCATION AND LEGISLATION

Xavier Christian Perry
The College of Southern Nevada
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Abstract

The Nevada Constitution is made up of nineteen articles. This paper will examine all ten sections

of the Eleventh Article of the Nevada State Constitution, Education. The Education amendment

within the Nevada State Constitution is of great importance being that the Constitution of the

United States has no existing Education amendments. Each state is responsible for establishing

their own amendment and guidelines with regards to education. Although, the United States

Constitution doesn’t provide for an Education Amendment, there is a higher power than the

individual states and those establishing there amendments, Circuit Court of Appeals. It’s

imperative to understand that beyond being a group of 12 Federal United States Court of Appeals

that cover a group of states and review the decisions of lower courts and agencies, they are one

of the strongest and most commanding links of the United States Federal Court Systems, with the

state of Nevada being a member of the Ninth Circuit.

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Education and Legislation and Amendments

Two of the most fascinating aspects of Article 11 of the Nevada Constitution are the

overwhelming emphasis on money with respect to education and the very fact that most of these

10 sections laying within the body of the Education Article were last visited and revised between

the late 1800's and 1960's. Being that today we are living in the year 2017 and it goes without

saying that children, parents, cultures and education itself has evolved far beyond that of the

eighteenth century. With this being said, in my opinion the Article 11, Education of the Nevada

Constitution was a pyramid. The “Lawmakers” of the eighteenth and nineteenth centuries would

like us to believe that this form of article was set on the foundation of “Education” when in fact

is was molded from land, money and universities with a periodic sprinkle of the children in

mind.

The framers of the Nevada Constitution begin by carefully crafting the starting line to a race of

greed. They do this by introducing from the beginning how proactive legislation is in developing

a foundation from which those whom seek education may do so with the encouragements of

“literacy, scientific, mining, mechanical, agricultural and moral improvements” (Nevada

Constitution, Article 11-Sec 1:1956). And so begins the pyramid.

Immediately the Education Amendment is flooded with land and monetary greed and control.

Terrified during the time period in which the Constitution was written they quickly found a way

of removing anyone whom had any church or political affiliations. They did this by declaring

that any school that allowed anyone of this nature, (sectarian), to be teaching at their school

would risk loosing property and funding, “any school district which shall allow instruction of a

sectarian character therein may be deprived of its proportion of the interest of the public school

fund” (Nevada Constitution, Article 11-Sec 2:1938). Eventually reiterating, “ No sectarian

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instruction shall be imparted or tolerated in any school or University that may be established

under the Constitution” (Nevada Constitution Article 11-Sec 9). And finally tightening their

reigns to ensure complete control and possibility of opposition, they refused to allow public

funds to be used for any sectarian purpose (Nevada Constitution Article 11-Sec 10: 1880).

This tirade continues as Nevada mandates in the Constitution exactly where the money will be

utilized. Reflecting back on the time period from which these Amendments were officially

amended it would stand to reason that putting large sums of money into college Mining and

Agricultural Departments would benefit the state itself as the material goods from the fruits of

both those labors have proven to be very lucrative (Nevada Constitution Article 11-Sec 8). In

protecting there plan, they establish a board, “Board of Regents to control and manage the funds

of the University and the funds of the same under such regulations as may be provided by law”

(Nevada Constitution Article 11-Sec 7). The Board of Regents, seemingly had their hands full

with the Nevada Legislation establishing control of Agriculture, Mechanic Arts and Mining (

Nevada Constitution Article 11-Sec 4). The delegation of monies and properties essentially gave

them power. They delegated and concerned themselves, not with the concerns of the actual

education of the students whom would attend the schools, but instead the micromanagement of

every penny, including interest, “a portion of that interest may be appropriated for the support of

the state university” (Nevada Constitution Article 11-Sec 3:1988) (Nevada Constitution Article

11-Sec 6: 2006).

And finally, as the lawmaker's have essentially built the walls of greed and power through

property and money, using Article 11 of The Nevada Constitution as their venue, Education.

They are now ready to hoist the walls together, finalizing their period, by requiring all educators

to abide by Article 15 of the Nevada Constitution which states, “ No Professor or Teacher who
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fails to comply with the provisions of any law framed in accordance with the provisions of this

Section, shall be entitled to receive any portion of public monies set apart for school purposes”.

Even that which those who designed the Constitution refer to as “Oath of teachers and

professors”, is about monetary gain. The pyramid is assembled.

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Conclusions

It’s my belief that the Nevada Constitution, Article 11 Education is in desperate need of

revisions and the removal and replacement of sections. These sections are very dated (1800's-

1900's) and need to be more focused on the Educational systems and less focused on the

financial aspect. By no means am I saying that money isn't of value within the educational

system, but not the foundation from which the Constitution of Nevada should frame their

Educational Article, 11.

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References

The Nevada Constitution (1864) Carson City, Nevada