ABSTRACT

Putting it slightly differently, the author shows how the possibility of propounding such questions might affect the elaboration of constitutional rights pertaining to the status of being poor. Minimum protection, in short, imports no doctrine, worthy of separate statement, which inveighs generally against "de facto discriminations against the poor". Mclnnis v. Ogilvie was a suit brought on behalf of students in a number of Cook County school districts seeking revision of the Illinois system of public school finance. Now the scandalously unequal distribution of school expenditures among local districts within the several states has been widely known and discussed for some years, and is increasingly deplored in places high and low. An additional effect of minimum protection thinking may be to help the decision-maker understand how to differentiate education from other goods, say opera and golf, which persons will have to continue to pay for out of their own means or do without.