Thanks, Karen, for the comment.
As to the question, we obviously don?t have time today to get heavily into the state-funded education debate (given the other debate coming up at 2 pm and my need to prepare for it) but in brief my constitutional argument for taxpayer support for education is, as you may remember, is Jefferson?s: that such state action is justified by the need to ensure a minimum of broad-based education among the voting public in a representative form of government. In that case, as North Carolina?s constitution has for a long time now, there is created a ?civil right? ? as opposed to a fundamental, natural right ? to a minimum amount of funding necessary to provide the opportunity for a sound, basic education to each child. I also made a prudential argument, about education spending as a way of heading off other kinds of spending or social unrest, but that is entirely discretionary and implicates no rights of any kind, natural or civil.
Essentially, a civil or procedural right does come about because of the creation of governmental structures and activities. Voting rights would be an example. But fundamental, natural rights predate the state. As John Locke argued, they are inherent in the state of nature and are not alienated from individuals when they enter into the social contract and live under a constitutional government.
Uh oh, better get back to the health and human services budget. . .
