Essay on The Constitutional Law Of Education

Essay on The Constitutional Law Of Education

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Constitutional Law in Education
Constitutional law refers to the rights created from the federal and state constitutions. Most constitutional rights involve the Bill of Rights, which are the first ten amendments to the U.S. Constitution. The Bill of Rights guarantees that the government can never deprive people in the U.S. their fundamental rights including the right to freedom of religion, free speech and the due process of law. Public education is not a federal power, meaning, the power over education does not solely belong to the Federal government; it is a state function. The amendment in summary guarantees rights to all people of the United States. (LWV, 2011).
In 1876 the Texas Constitution was rewritten to help with the betterment of public education. The first section of the constitution Texas imposed upon Legislature the duty of making “suitable provision for the support and maintenance of public schools.” The second section requires that the Legislature “shall, as early as practicable, establish free schools throughout the state and shall furnish means for their support by taxations of property” (TSHA, 2010). In regards to school administrators, it is important they are knowledgeable of constitutional laws and rights of students on their campus. The purpose of this writing is to show educators the importance of knowing constitutional laws and the impact they have had in education.
Discussion of the U.S. Constitution
The constitution does not make any references to education, however it does impact the operation and management of schools, and provides amendments which protect the rights of staff and students. The 1st amendment in regards to freedom of speech, protects educators’ and students’ ability to exerc...


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Discussion
Literacy is important to education, but is it a right guaranteed by the U.S. Constitution. In Michigan, there is a lawsuit between school children who struggle in Detroit’s low performing schools. In the instance of the Detroit case the school children feel that the state has not adequately provided them with basic literacy skills a foundation of all education and a precursor to active citizenship. This case supports constitutional law because it is rooted in the U.S. Constitution not the state constitution. This case is currently in the federal court and if it reaches the Supreme Court there could be changes to education nationwide. In education constitutional law is relevant because it is the rights of the United States citizens. If the rights of the people are violated there has to be a way to make sure they are reprimanded (Wisely, 2016).

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