The courts, the schools, and the Constitution

Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation's history. He traces four reasons for this growing intersection between schools and the courts. First, public schools touch a larger number of Americans than any other government institution. Second, decisions related to public schools present a lens through which to view American history. Third, cases involving schools frequently highlight contentious legal doctrines. And, fourth, the Supreme Court itself has highlighted the schools' role in how Americans understand the Constitution.