Importance Of Constitutional Law In 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 …show more content…

The judicial system includes the state and federal courts. Federal courts usually deal with constitutional issues and the state courts deal with issues related to state constitutional law. Cases taken to the federal court will include any other case involving a law that the U.S. Congress has passed. In the instance of Brown vs. Board of Education, the case was taken to federal court because the case involved a misinterpretation of the 14th amendment. The majority of education related cases are heard in the state court, because they do not involve a federal …show more content…

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,

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