The second part of the sentence gets the most attention, but pay heed to the first part as well:

“The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools.”

That comes from — actually, it’s all of — Article IX, section 1 of the Idaho Constitution. And it’s the centerpiece of the legal argument filed this week by a group of public education advocates, including at least one school district.

It ought to be enough for the Idaho Supreme Court to throw out House Bill 93, passed in this year’s legislative session and which sets up a system of payouts (structured as tax credits) to people who say they wan

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