Whose Equality? The Discouraging Politics of American Education (and What We Might Do about It)

Abstract

Ever since 1954, when a unanimous Supreme Court declared that education is “a right that must be made available to all on equal terms,” Americans have been debating the meaning of educational equality, how it might be attained, and through what instrumentalities of government.Brownv.Board of Educationwas arguably the most important Supreme Court decision of the twentieth century, not only because it ended legal segregation in schools but also for incorporating the Equal Protection Clause of the Fourteenth Amendment as a tool to promote racial equality in other aspects of American life.Brownalso thrust the federal courts deeply into primary and secondary education and opened the door to further federal intervention in a sphere of government that historically belonged to the states and localities. Debates over federalism, separation of powers, policy alternatives, and the role of government in promoting educational and social equality remain very much alive today as the Obama administration puts forth its education agenda, states struggle with its demands, and Congress reconsiders the contours of No Child Left Behind (NCLB).