The Compromised Right to Education?
71 Stanford Law Review Online 123 (2018)
9 Pages Posted: 3 Jul 2018
Date Written: July 3, 2018
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: Suggested Citation