In the case of Sailors et al. v. Board of Education of the County of Kent et al., 1966, residents and taxpayers in Michigan challenged a state law that allowed for non-elected officials to serve on county school boards. The plaintiffs argued this violated their Fourteenth Amendment rights as it denied them equal protection under the law by not allowing them to vote for these positions. However, the Supreme Court ruled against them stating that there was no constitutional right to vote in such elections because they were administrative rather than legislative bodies and thus did not require direct representation from voters. The court held that states have broad powers when it comes to structuring their own governments including local school boards so long as they do not violate explicit constitutional prohibitions or infringe upon fundamental rights.

In the dissenting opinion for Sailors v. Board of Education of Kent County, Justice Douglas argued that the method used to select members of county school boards in Michigan was unconstitutional because it violated the Equal Protection Clause. He believed that every citizen should have an equal voice in government decisions and this principle should extend to educational matters as well. The selection process, which involved appointment by local school district representatives rather than direct election by voters, he felt, diluted individual voting power and thus infringed upon democratic principles. Furthermore, he contended that education is a fundamental right and any decision-making body governing it must be subjected to strict scrutiny under constitutional law.