The Compromised Right to Education?

71 Stanford Law Review Online 123 (2018)

9 Pages Posted: 3 Jul 2018

See all articles by Joshua E. Weishart

Joshua E. Weishart

West Virginia University - College of Law

Date Written: July 3, 2018

Abstract

This essay responds to Derek Black, The Constitutional Compromise to Guarantee Education, 70 Stanford Law Review 735 (2018), which advances an originalist theory for recognition of a federal right to education. Black argues that Congress intended to guarantee education as a federal right of state citizenship through the ratification of the Fourteenth Amendment. I question whether the relevant history is susceptible to the another inference, one that situates education a right of both state and national citizenship. I also question whether recognition of a federal right would have the unintended consequence of devaluing existing state education rights.

Note: By permission of the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review Online at 71 STAN. L. REV. ONLINE 123 (2018)

Keywords: fundamental right to education, constitutional right to education, reconstruction, education, inequality, funding, democracy,republican form of government, citizenship

JEL Classification: K19, K39

Suggested Citation

Weishart, Joshua E., The Compromised Right to Education? (July 3, 2018). 71 Stanford Law Review Online 123 (2018), Available at SSRN: https://ssrn.com/abstract=3206732

Joshua E. Weishart (Contact Author)

West Virginia University - College of Law ( email )

101 Law School Drive
Morgantown, WV West Virginia 26506
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
82
Abstract Views
1,130
Rank
540,997
PlumX Metrics