The Constitutional Compromise to Guarantee Education

By Black, Derek W. | Stanford Law Review, March 2018 | Go to article overview

The Constitutional Compromise to Guarantee Education


Black, Derek W., Stanford Law Review


Table of Contents  Introduction I.   Modern Dilemmas: Localism, Privilege, and Entrenchment      A. The Danger of Localism      B. Privileging the Majority      C. Entrenching Power and Advantage II.  The Promises and Pitfalls of Prior Theories and Litigation      A. Scholarly Attempts to Rework Rodriguez      B. Scholarly Theories to Move Beyond Rodriguez      C. New Litigation Claims      D. Limits of Current Strategies III. The Fourteenth Amendment's Guarantee: Educated Citizens in a      Republican Form of Government      A. Constitutionalizing Full Citizenship      B. The Meaning of Full Citizenship: Status, Voting, and Education      C. Education, Readmission, and the Ratification of the         Fourteenth Amendment         1. The educational imperative in the South         2. Conditions on Southern readmission to the Union         3. Education as inherent in a republican form of government         4. The uniform inclusion of education clauses in            Southern constitutions         5. A new nationwide consensus of the states emerges         6. The constitutional, structural, and political virtues of an            education compromise         7. Why the right has been overlooked IV.  Protecting Citizens' Education in a Republican Form of Government      A. Education as a Process-Based Constitutional Right      B. State Constitutional Efforts to Shield Education from         Manipulation         1. Common school funds         2. Isolating education from localized decisionmaking         3. Uniform systems of education      C. Identifying Procedural Principles and Protections         1. Unstable funding         2. Political manipulation and targeted disadvantage         3. Systemic disadvantage      D. Causes of Action and Congressional Power      E. A Response to Doctrinal and Political Reservations  Conclusion 

Introduction

While desegregation, (1) school funding litigation, (2) and federal policy (3) significantly reduced educational inequality during the second half of the twentieth century, that inequality has steadily increased ever since The percentage of intensely racially segregated nonwhite schools, for instance, has more than tripled over the last twenty-five years. (4) In 2013, low-income students became a majority in public schools for the first time in history. (5) The average black student now attends a school where nearly 70% of her peers are poor--almost double the percentage from 1993. (6) To make matters worse, in the past decade, states have drastically cut education funding--by more than 2096 in some states. (7) State supreme courts that previously intervened to block egregious cuts of this sort have largely disengaged in recent years. (8) Even the U.S. Department of Education, once a consistent check on educational inequality, is retreating from its historical role. (9)

Without legal intervention, educational opportunities in disadvantaged communities appear increasingly subject to the whims of political majorities. Political majorities are enacting education policies that serve the interests of some communities while seriously disadvantaging others. (10) Over time, educational disadvantage can become intractable. Some communities are deprived of the education they need to exert themselves in the political process, and others with vested interests have no desire to change the system. (11)

The Supreme Court is not oblivious to these types of problems. Although the Court rejected education as a fundamental right in San Antonio Independent School District v. Rodriguez, (12) in nearly every other case, the Court has gone out of its way to emphasize the importance of education. (13) This emphasis suggests an openness to extending some level of constitutional protection to education or, at least, an unwillingness to foreclose the possibility. (14)

Two new lower court cases may offer the Court a perfect opportunity to finally turn innuendo into doctrine. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

The Constitutional Compromise to Guarantee Education
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.