#4
I understand that you are very interested in discussing it. I simply cannot because I have had my hand smacked in the past for something I believed to be completely 100% benign.
What you are looking for is the mention of education in the constitution. It is absent. (Got that note from a link I cannot provide--sorry!)
But clause #4 most certainly does come into play. I have read your comments on other threads, so I am not surprised if you are claiming that it is NOT a basis. But it is a basis.
In fact- that is why in some states, a parent CAN choose that as an exemption to any and all standards. We personally elect to not do that. But we do know people who do that and that right is constitutionally protected (for states with that exemption). You would be hard pressed to find constitutional basis to have the state remove that law.
I know it is an option in Virginia, but it was not in Florida that I can recall. It is an option in other states as well.
But in a nut shell--
Summarized based on years of things I have read and seminars I have attended:
At one time, the government thought it would be a good idea to control everything. Some parochial schools stood up and said not so fast. Later, homeschoolers stood up and said they were no different than a private school...and then it evolved from that.
I think at this point, it would become a philosophical debate versus an actual legal debate.
On a regular basis, various amendments of the constitution are utilized to shoot down legislate in the works or to change or eliminate laws that illegally punished homeschoolers.
http://www.hslda.org/ is a great resource on that aspect.
I should note that I do not ordinarily agree with quite everything they pursue. But you can evaluate the statutes in all 50 states and see how very different they all are and the wording they use for the students of that state.