Jump to ContentJump to Main Navigation
Looking for Rights in All the Wrong PlacesWhy State Constitutions Contain America's Positive Rights$
Users without a subscription are not able to see the full content.

Emily Zackin

Print publication date: 2013

Print ISBN-13: 9780691155777

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691155777.001.0001

Show Summary Details
Page of

PRINTED FROM PRINCETON SCHOLARSHIP ONLINE (www.princeton.universitypressscholarship.com). (c) Copyright Princeton University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PRSO for personal use.date: 26 June 2022



A Long Tradition of Positive Rights in America

(p.67) Chapter 5 Education
Looking for Rights in All the Wrong Places

Emily Zackin

Princeton University Press

This chapter examines the campaigns to add education rights to state constitutions, with particular emphasis on how the common school movement was able to establish the states' constitutional duty to provide education. The leaders of the common school movement insisted that government had a moral duty to expand opportunities for children whose parents could not otherwise afford to educate them, and that state legislatures should be legally obligated to fulfill it. This movement's central claim was that the value of constitutional rights lay in their potential to promote policy changes by forcing legislatures to pass the kinds of redistributive policies they tended to avoid. The chapter considers the evidence for an American positive-rights tradition that exists primarily at the state level and discusses Congress's motive for the creation of constitutional rights as a case of entrenchment. It argues that education provisions found in state constitutions are positive rights.

Keywords:   education rights, state constitutions, common school movement, education, state legislatures, constitutional rights, Congress, entrenchment, positive rights

Princeton Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.