Is education a fundamental right requiring federal constitutional protection?

摘要

The primary purpose of this study is to examine the sources of educational inequity and whether a constitutional amendment, and therefore greater federal role, would positively affect the quality of education provided. Since the Constitution is designed to protect the rights of the individual and preserve the elements necessary for a democracy, does education have a place in the Constitution? It is the intention of the study to prove that the answer to this question is yes. Not only is education in and of itself a fundamental right, its existence is necessary for the practicing of other constitutionally protected rights. Because it is necessary for the practice of liberty and the recognition of human dignity, a basic right to education should be established. The federal government has historically intervened when states have acted in a manner that violates the Constitution. Were there an education amendment, the federal government would have the justification to intervene when state actions lead to the denial of equal educational opportunity. Therefore, it is necessary within the study to examine specific actions taken by the state that result in unequal educational opportunities. The final purpose of the dissertation is to assess how the current parameters of education would change within the presence of an education amendment. What positive changes are likely to result and how would the decisions and actions of the judicial and legislative branches be affected by the adoption of an education amendment? The chapters presented establish the criteria of basic right and how education satisfies that criteria. A discussion of federalism and an analysis of state action in reference to maintaining educational institutions are included in order to justify the need for a greater federal role. The limitations of the Supreme Court in protecting educational opportunity and the likely influence of an amendment on its role are explored. A proposed amendment protecting education, its political feasibility, and policy implications conclude the study.