Spackman Ex Rel. Spackman v. Board of Education
Utah Supreme Court
1Opinion of the Court
DURRANT, Justice:
{1 Pursuant to rule 41 of the Utah Rules of Appellate Procedure, the United States District Court for the District of Utah, Judge Tena Campbell presiding, certified the following question to the Utah Supreme Court:
Whether the Free and Equal Public Education Clause of the Utah Constitution (Art. X, § 1) and/or the Due Process Clause of the Utah Constitution (Art. I, § 7) are self-executing constitutional provisions that may be directly enforced without implementing legislation.
In light of the posture in which the case is presented, there are two evident components to the…
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