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THE MARSHALL-BRENNAN CONSTITUTIONAL LITERACY PROJECT: AN INTRODUCTION
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THE MARSHALL-BRENNAN CONSTITUTIONAL LITERACY PROJECT: AN INTRODUCTION
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THE MARSHALL-BRENNAN CONSTITUTIONAL LITERACY PROJECT: AN INTRODUCTION
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Journal Article
THE MARSHALL-BRENNAN CONSTITUTIONAL LITERACY PROJECT: AN INTRODUCTION
2019
Overview
Perhaps his strongest expression of that commitment came in his dissent in San Antonio Independent School District v. Rodriguez4 The Court majority found that the use of the property tax to fund public education did not violate the Constitution, even though the system resulted in unequal resources for rich and poor districts.5 In dissent, Marshall wrote that the \"majority's holding can only be seen as a retreat from our historic commitment to equality of educational opportunity and as unsupportable acquiescence in a system which deprives children in their earliest years of the chance to reach their full potential as citizens. \"6 Critical of leaving any property tax solution to the legislature, Marshall quoted one of the most powerful lines from Brown v. Board of Education.7 He wrote, \"I, for one, am unsatisfied with the hope of an ultimate 'political' solution sometime in the indefinite future while, in the meantime, countless children unjustifiably receive inferior educations 'that may affect their hearts and minds in a way unlikely ever to be undone. See Green v. County School Board, 391 U.S. 430, 442 (1968) (holding that a freedom of school choice plan was insufficient to meet the school district's obligation to desegregate); see also Keyes v. School District No. 1, 413 U.S. 189, 213 (1973) (finding intentional segregation in the Denver school system).
