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Right to Education-Chemerinsky

jkang's picture

"These decisions are wrong--tragically wrong in holding that there is not a fundamental right to education."  (Chemerinsky, 1613)

In his essay, Chemerinsky claims that there is a fundamental right to education protected under the Constitution.  While education is not an enumerated right written in the Constitution, Chemerinsky argues that education can be inferred as an integral part of exercising constitutional rights, and thus protected by the Constitution.  I question, however, if people have a right to education under the Constitution, or whether people have a right to education as humans.  Even if the Constitution does not protect the right to education, does that mean people do not have access to education as a basic human right?  Does that mean that people in other countries who are not affected by the United States Constitution do not have a right to education as humans?