
Terry H. answered 09/29/20
Duke History major with 15+ years teaching U.S. History
The short answer to your questions is that Congress created laws starting in 1965 to help provide "equality" in schools, a power the federal government was "given" by Supreme Court interpretations of the 14th Amendment. The Supreme Court asserted the power to rule on discrimination in schools in 1899, but did not rule that the federal government could enforce judicial decision about school discrimination until 1954.
This power can be affected by different interpretations of federalism. Strict adherence to the 10th Amendment and fears of the founding fathers would mean that the federal government has no business passing laws about education, or giving schools federal money. A different interpretation would say that the 14th Amendment prevents discrimination and gives the federal government some power to protect equal rights from state governments.
As a result of this latter interpretation of federalism, all three federal branches get involved:
- Congress passes laws that provide money to states for preventing discrimination (not just in education),
- Executive offices, agencies and departments (ex. the Department of Education) are created to administer the funds appropriated by Congress that go to states for such programs, and
- The federal courts rule on cases of discrimination by schools or other organizations receiving federal funds.
Watch the video for a detailed explanation.