Date
2024
Abstract
This article examines the evolution of efforts to secure a federal right to education, highlighting the unsuccessful attempts at the federal level and the shift to state constitutional litigation, which has yielded mixed and limited outcomes. Part I outlines these failed efforts and their consequences. Part II introduces Professor Black’s proposal for a federal right to education, anchored in the State Citizenship Clause. Part III presents a new federalism model that suggests federal constitutional commitments should guide the interpretation of state constitutional provisions, particularly regarding education. The article concludes by advocating for state courts to adopt a more robust interpretation of state education clauses, ensuring a minimum standard of adequacy and equity in educational guarantees, in alignment with Professor Black’s vision for a federal right to education.
Recommended Citation
Sunderlin, Nicole and Caminker, Evan
(2024)
"Channeling a Federal Commitment to Education Through State Constitutions and Courts,"
Journal of Race, Gender, and Ethnicity: Vol. 13:
Iss.
1, Article 4.
Available at:
https://digitalcommons.tourolaw.edu/jrge/vol13/iss1/4
Included in
Civil Rights and Discrimination Commons, Constitutional Law Commons, Education Law Commons, Fourteenth Amendment Commons