Rep. Mark DeSaulnier (D-CA11)

Should education be listed as a fundamental right in the Constitution, as are such fundamental rights as freedom of speech and freedom of religion?

What the amendment does

A newly proposed constitutional amendment would guarantee “high-quality education” to all Americans.

The exact text reads: “The United States, the States, Indian Tribes, and territories shall jointly ensure a high-quality education to all persons within the United States. The Congress shall have power to enforce and implement this article by appropriate legislation.”

It’s unclear exactly what this might mean in practice, especially since the term “high-quality” isn’t specified. For example, would a school need to attain a certain level of graduation rates or test scores, or otherwise risk classification as “low-quality” and being deemed unconstitutional? It’s unclear.

The legislative text includes a seven-year deadline to receive the requisite number of state legislature ratifications. It’s a curious addition considering that constitutional amendments don’t have to include a deadline, and that the 1970s Equal Rights Amendment’s seven-year deadline is almost certainly what doomed its chances.

This constitutional amendment was introduced in the House on June 26 as bill number H.J. Res. 69, by Rep. Mark DeSaulnier (D-CA11).

What supporters say

Supporters argue that in this era where more and more career success is dependent upon education, it’s time for that to be listed as a constitutional right, alongside the ones we all know from the Bill of Rights.

“America’s founders felt that a free public education was a necessity for an informed citizenry and a functioning democracy,” Rep. DeSaulnier said in a press release. “For too long, we have accepted that millions of students sit in unheated classrooms, with underpaid teachers, using outdated instructional materials.”

“This is an appalling betrayal of our nation’s values,” Rep. DeSaulnier continued. “This amendment would obligate the federal government to ensure that all students exit high school prepared to contribute to our democracy.”

What opponents say

Opponents counter that education is a matter properly left to the states, rather than the federal government.

“Education is not a natural right… education is strictly and entirely a state matter,” writes conservative columnist Laurence M. Vance. “And neither does the Constitution authorize the federal government to spend one penny on education. If there is no constitutional right to receive basic necessities like housing, clothing, and food, then there is certainly no constitutional right to receive a government-provided or government-funded education.”

Vance continues: “The Constitution doesn’t mention education, public schools, teachers, teachers’ unions, private schools, tutors, students, student loans, FAFSA forms, Pell Grants, Title IX, classrooms, desks, special education, curriculum, Head Start, Common Core, math and science initiatives, the Higher Education Act, the Elementary and Secondary Education Act, school breakfast or lunch programs, teacher education, teacher certification, research grants to colleges and universities, special-education mandates, school buses, bilingual-education mandates, school accreditation, charter schools, educational vouchers, mandatory attendance laws, graduation rates, the No Child Left Behind Act, busing to achieve racial desegregation, Race to the Top funds, or a Department of Education.”

Odds of passage

Any constitutional amendment needs to pass ⅔ of the House, ⅔ of the Senate, and ¾ of state legislatures. That’s an incredibly difficult ask in these polarized times, when it’s virtually impossible for legislation even to pass Congress under the narrower ⅗ margin.

The constitutional amendment has not yet attracted any cosponsors, although it’s only been out for a few days. It awaits a possible vote in the House Judiciary Committee.

This article was written by GovTrack Insider staff writer Jesse Rifkin.

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