On Wednesday, the Daily Caller posted an article about Louisiana Governor Bobby Jindal‘s battle against Common Core. Governor Jindal is fighting Common Core on the grounds that it is a violation of federal law.

The article reports:

In a brief submitted Wednesday as part of a lawsuit against Louisiana’s Board for Elementary and Secondary Education (BESE), Jindal’s attorneys claim that a consortium used to create multistate standardized tests aligned with Common Core was transformed into a cudgel to force states to obey federal edicts on education.

There is nothing in the U.S. Constitution that gives the federal government control over education–that was left to the state and local governments.

The article explains:

“Simply put, PARCC (Partnership for Assessment of Readiness for College and Careers) is the implementation platform for a carefully orchestrated federal scheme to supervise, direct and control educational curriculum, programs of instruction and instructional materials in direct violation of federal law,” the report argues.

PARCC’s creation, as well as the creation of the Smarter Balanced consortium (which serves the same purpose but has different members), was enabled through grants by the federal government through the Race to the Top program. That federal involvement, Jindal’s team argues, irretrievably taints the organization as well as Common Core more broadly, even though the government was not directly involved with the standards’ creation. The Department of Education Organization Act (DOEA) and other federal laws, they say, explicitly bar the Department of Education from taking actions that increase federal control over education.

“Race to [the] Top…effectively coopted Common Core for the federal government, attempting to accomplish indirectly through economic coercion that which the federal government is prohibited from accomplishing directly,” the brief argues.

Common Core is unconstitutional and does not make a positive contribution to the education of our children. How long will it take state to figure that out? Many of them already have.