Exam 2: Fundamental Rights and State School Finance Litigation

Negative liberty is the liberty that John Stuart Mill analyzed the social and political world in terms of a struggle between liberty and authority.

State constitutions are different from the U.S. Constitution in that they include various levels of explicit requirements, or mandates required of the state legislatures.

Positive rights were set forth best by George Washington in his Virginia Bill for the More General Diffusion of Knowledge (1779)

Vladimir Lenin referred to the absence of education as the curse of ignorance.

In order for a plaintiff to prevail in equity and/or adequacy litigation:

Without knowledge there can be no understanding as to the meaning of important human rights such as liberty and equality.

The U.S. Constitution, i.e., the Bill of Rights, was written so that:

Individual state constitutions are designed similarly to the Federal Constitution and also enunciate negative rights and liberties that shall not be denied.

Although education may not be a fundamental right, everyone must receive an adequate state-funded education by virtue of simply being human.

The Bill of Rights and the Fourteenth Amendment to the U.S. Constitution enunciate negative rights or negative liberties that the government shall not deny.

Education is considered a fundamental right under the equal protection clause contained in the Fourteenth Amendment of the U.S. Constitution.

Horace Mann believed that the Commonwealth was obligated to provide education to all citizens for the purpose of international economic competiveness.

Recent decisions by the U.S. Supreme Court have rejected any affirmative or positive right to government aid for education or welfare.

According to Berlin, negative freedom permits one to form a particular of life, freedom to become an autonomous human being, freedom to have equal prospects in life.

Jefferson stated that it was important to give people knowledge in order to safeguard the public against tyranny.

Horace Mann often is referred as:

A fundamental right is:

Under the Equal Protection Clause of the 14th Amendment of the U.S. Constitution, the U.S. Supreme Court ruled in San Antonio Independent School District No.1 v. Rodriguez that:

The Supreme Court in Rodriguez held that state constitutional requirements: