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Autor/in | Corriher, Billy |
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Institution | Center for American Progress |
Titel | Conservative Politicians Are Lashing Out at Courts That Order Equal Funding for Education |
Quelle | (2014), (14 Seiten)
PDF als Volltext |
Sprache | englisch |
Dokumenttyp | gedruckt; online; Monographie |
Schlagwörter | Funding Formulas; Court Litigation; Ideology; Political Attitudes; State Legislation; State Regulation; State Action; Finance Reform; Equal Education; Educational Finance; Resource Allocation; Politics of Education; Judges; Alaska; Kansas; New Jersey; Washington |
Abstract | Conservative governors and legislators across America are angry at the third branch of government. Some of these lawmakers are pushing legislation that could throw judges off the bench, while others are pushing to limit judicial authority. In one state, a governor unilaterally removed a justice of the state supreme court. Another Republican governor has publicly vowed to defy a ruling in a pending case if he does not like the outcome. Many of these proposals violate the separation of powers principles in their respective state constitutions, but some of these politicians want to amend their state constitutions to give the executive and legislative branches exclusive control over judicial appointments. This conservative backlash is a response to court rulings that require the legislatures to spend more money on education or to distribute those funds more equally. These proposals send a message--a warning to judges that legislators have the means to punish courts that rule against the state. The increasing focus on measurable results--in the form of student testing--in education has changed the nature of the judiciary's role in education funding. With measurable goals and testing data, courts can more easily determine whether a school system is achieving its goal of educating students. Every state constitution in America requires each respective state to provide an education for school-age children. Many of the "education clauses" require states to offer a "thorough and efficient" or "free" system of education. The students who sue to enforce these constitutional obligations will have a hard time succeeding if the courts are susceptible to pressure from the executive and legislative branches. This paper discusses instances in which courts in Kansas, Washington state, New Jersey, and Alaska were involved in cases regarding inequitable school funding. As these arguments wind their way through state courts, advocates for education-funding equality must act to protect judicial independence. (ERIC). |
Anmerkungen | Center for American Progress. 1333 H Street NW 10th Floor, Washington, DC 20005. Tel: 202-682-1611; Web site: http://www.americanprogress.org |
Erfasst von | ERIC (Education Resources Information Center), Washington, DC |
Update | 2020/1/01 |