Nevada education funding not subject to judicial dictate

udicial dictate

Regarding the Dec. 29 Review-Journal editorial, “Education funding,” and the related articles on Dec. 25, “School funding suit all but certain”:

No court in this country has any authority to dictate to a legislature what the level of education funding should be. To quote from Federalist Paper No. 78 by Alexander Hamilton, “The judiciary … has no influence over either the sword or the purse; no direction either of the strength or of the wealth of society; and can take no active resolution whatever.”

But in articles on education funding these days you can rest assured that Mr. Hamilton, who is currently a superstar on Broadway, won’t be getting any ink when it comes to his founding principle on the limits of judicial power. Instead you’ll get a long report filled with the moaning of people who, if Nevada tripled its education budget and raised taxes to fund it, would still be whining that it isn’t enough.

Nevada’s education funding system is non-discriminatory, caring and compassionate, with more resources going to those with the greatest need. Funding-level decisions belong strictly to the Legislature and are, under no circumstances, subject to judicial dictate.

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