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Part V Themes, Ch.46 Education and the Constitution: Defining the Contours of Governance, Rights, and Citizenship

Elizabeth Beaumont

From: The Oxford Handbook of the U.S. Constitution

Edited By: Mark Tushnet, Sanford Levinson, Mark A. Graber

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 27 January 2021

In contrast to the constitutions of most countries and all U.S. states, the federal constitution does not include an explicit education clause, right to education, or discussion of educational responsibilities.1 Nor has the U.S. Supreme Court recognized a fundamental right to education as an implied constitutional guarantee.2 In addition, most general surveys of American constitutional law provide no focused attention to education. As a result, education and the Constitution may initially seem a narrow or peripheral topic. Nothing could be farther from the case....
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