With scant grounding in constitutional text or tradition, court majorities took it upon themselves (usually over strong dissents) to remove a number of matters from legislative and local control. (firstthings.com)
Justice Antonin Scalia was a staunch proponent of «originalism» in constitutional jurisprudence, an approach to deciding cases based on constitutional text as it was originally understood by its authors. (educationnext.org)
Hence, the lack of supporting constitutional text, principles of federalism, and the doctrine of stare decisis (which lends stability to the law by encouraging courts to stand by their prior decisions) all militate against the creation of a federal constitutional right to education or to supposedly equal school funding. (educationnext.org)