The finance paradox : how American constitutional values inhibit the funding of quality education : research article

Abstract

In America free public education is a constitutional value. Yet, although free public education for all is a constitutional value, America's public schools remain ravaged by savage inequalities, many of which are the direct result of significant financial disparities. Given the obvious conflict between the constitutional value of free public education for all and the funding parities created by the States' school finance systems, it is not surprising that the courts have been asked to intervene and vindicate the constitutional value of free public education for all by declaring that the current system of financing the schools is unconstitutional. However, a judicial solution to the problem has proved as elusive as a legislative or executive solution. Paradoxically, a major reason for the States' failure to adequately finance the achievement - the constitutional value of quality education for all - is the existence of other constitutional values. In other words, there are values within the American constitutional system that make it extremely difficult to achieve another constitutional value. This article explains how two American constitutional values - judicial restraint and decentralization - work together to prevent adequate funding of another constitutional value - a quality education for all.