In "Carson v. Makin," the U.S. Supreme Court ruled that, if a state offers tuition assistance for students to attend private schools, then requiring that those private schools be nonsectarian violates the Free Exercise Clause of the First Amendment. Robert Kim discusses how this case aligns with other decisions related to the free…

In a time when both American democracy and U.S. public schools appear to be in crisis, Derek Black argues that the best way forward is to look to the past at the ideals that the founding fathers espoused in the early years of the nation. Although early U.S. leaders placed a priority on expanding public education, Black explains that these ideals…

Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation's history. He traces four reasons for this growing intersection…

The Supreme Court ruled in San Antonio Independent School District v. Rodriguez (1973) that there is no constitutional right to education, but that has not stopped families and education activists from arguing that this right is implicit in the Fourteenth Amendment. Nicholas Tampio contends that, based upon the history of federal involvement in…

The definition of public education is changing rapidly and radically in our current political landscape. Nowhere is this more apparent than in the debate over publicly funded school voucher systems, which direct taxpayer funds to parents to offset the cost of tuition at the private schools of their choice. Tina Cheuk and Rand Quinn address how…