They would defer the determination of this vital constitutional standard to the General Assembly. This approach would severely limit the constitutional authority of this court and would, in the long term, harm both the legislative and judicial branches of government. Moving to the merits, the minority would do nothing. A fair reading of the minority opinion leaves one with great difficulty imagining a system that would violate the minority's understanding of the Thorough and Efficient Clause. The concept of providing free compulsory education for every citizen, while a constitutional mandate, is nevertheless an ongoing experiment.
Public education is a constantly evolving process.
The delegates to the constitutional convention of 1850-1851 added the Thorough and Efficient Clause to the Constitution due to their distinct disappointment with the General Assembly's treatment of education at that time. The delegates placed on their and each subsequent generation the burden of constantly evaluating whether the constitutional standard was being met. We honor their foresight by giving life and meaning to their language. The General Assembly has long been aware that the current funding structure is constitutionally flawed. It has been impossible to adequately address the problem because wealthy school districts have staunchly defended the status quo.