Justin Amash came to town this week, and boldly asserted “something isn’t a right if someone else has to pay for it.” Well, that didn’t sit too well with those in the audience, not least, fellow debate coach, Pam Conley. She pointedly asks
If that is the case how is voting a right?… or the right to a redress of grievances in a court of law, …or trial by jury of your peers, or the right to legal representation if you can’t afford representation? … I have more but EVERY right that requires implementation and/or enforcement comes with price tag. Elections, courts, police, trials, lawyers… none of these are free, all are paid for by taxes, and are by deceleration of the US Constitution or the SCOTUS’s ruling (ie..Miranda rights) rights we as American citizens are insured are “inalienable”.
And since this is the Policy question….
The question may be put: does education belong to the individual, is it essentially personal in nature? Or is it something of social or communal function, a piece of social infrastructure?
If it is personal, and so a “right” this oddly leads you to Betsy DeVos. If a right, then the mode of delivery is secondary. Indeed, as a right could education be subject to 1A requirements? Does right entail vouchers?
As infrastructure — this seems to be the way the Northwest Ordinance treats, viz. as part of development. Horace Mann (Letter No. 5, if I recall) sees education as building the community and its economic life. Infrastructure does not necessarily mean that funding can vary (ok, Pothole Michigan ) but it does express a commitment and moreover, it shifts the argument from the moral (Right) to that of justice, of a common good for all.
What complicates the matter is the question of special education. A rights model does seem to be the easier model for this funding. The infrastructure argument falters somewhat (although Mann did promote education for those with these needs — education is something a community does for the community was the reasoning). My own thought is that a 14A approach to the infrastructure framing gives us the better outcome, since it would necessarily involve metrics (Rights as moral considerations often falter on the metric side).