Is education a fundamental right found in our constitution? This question has been posed and debated for many years. In this case, the state of Euphoria is currently funding the local public K-12 schools by the local property taxes. Apple school district, a poor district in the state of Euphoria, receives 2,000 dollars per pupil less than other, wealthier, districts in the state. This difference in unequal funding is showed with the class selection that students can choose from. For example, Apple school district only has three advance placement classes while other, wealthier, districts have more than twenty advance placement classes. The lack of advance placement classes makes it difficult for students, in Apple school district to get into more selected colleges. I believe that education is an implied fundamental right found in our constitution, because without education you simply can not survive in our demanding society.
Education is the key to success in our society. A person can not survive without being properly educated. The more educated a person is the more open doors of countless opportunities. A person who does not receive a quality education can not have the same open doors. As you can tell, it can be very difficult for them to support themselves with the lack of jobs that they can choose based on their poor education. This is why; I believe a properly funded education is vital for everyone to have in the workforce. One of the areas that a state focuses their budget on is education. This was first stated in Brown v Board of Education. In the 1950s, many schools would not allow students to go to their school based on their color. In Brown case, the Court ruled to allow to all student to attend any school regardless of their color. In the Court opinion, it stated education is extremely essential to have in our society. The Court also added that states do spend tons of money to put back their education system. I believe the Court called education a fundamental right. Also, I like to add that, there are several laws that require a child to go to school. If education is not significant to be called a fundamental right than why do we have laws that are in favor education? Why does our society focus so much time and energy on education? I tell you why, because it is necessary in our society to be well educated. There are laws that allow all children to go to school to receive an education. The lawmakers believe the children have a right to go to school. Education is so valuable to have in our society; this is why, I believe, it should be called a fundamental right.
In this case, I look at it from a legal realism viewpoint. Legal realism is a strong emphasis on the facts in the case. Judges need to incorporate the social, political, and economic, which are found in a case. In this case, let's look at ...