Who's Accountable to the Constitution? Thirty Years of Judicial Politics in State Education Finance Litigation

Abstract

Politicians promoting educational accountability are, in principle, bound by state and federal constitutions under which they serve, facing judicial scrutiny if they fail to meet the constitutional standards set for them. In the case of education, each of the 50 states has its own constitutional guidelines for the provision of education, and citizens in nearly every state over the past 30 years have challenged in court whether their elected officials have appropriately allocated resources to all children to ensure the educational provision their constitutions guarantee. Court cases have not, however, proved to be impartial assessments of legislative enactments in light of constitutional provisions. Four case studies provide a sampling of the politics of court and state contexts involved in holding legislatures accountable to their constitutional mandates.