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

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