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...
... middle of paper ...
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).
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- The First Amendment, usually equated with freedom of speech, affords five protections: Establishment Clause, Free exercise of religion, Freedom of speech, Freedom of press, and Freedom to peaceable assemble. Students (and student groups) in public colleges and universities enjoy full protection under the First Amendment; however, this right depends greatly on the context in which a student might raise a free speech claim. Once an institution creates a limited public forum for a student or group, administration cannot deny recognition to particular student or groups based on viewpoints.... [tags: freedom of speech, constitutional freedoms]
1264 words (3.6 pages)
- AMERICAN CONSTITUTIONAL LAW Civil Liberties The First Amendment of the Constitution, legislation, or common law gives all individuals rights or freedoms. These rights and freedoms allow individuals to think, assemble, worship, petition, and speak without limits or inferences from the government. There is a protective nature to these liberties. There is a broader concept to civil rights. These comprise positive components like the right to use amenities, the right to an equal education, or the right to government participation (Cite, ).... [tags: Civil Liberties, American Constitution, Government]
1149 words (3.3 pages)
- Literature Review Administrative Law is the law regarding the exercise of powers by public authorities. That authority must have a legislative role or the policies must be developed through the legislature, it must understand that it has constitutional and judicial constraints and finally it is a buffer between the judicial and the executive branch of government. With that being said it must be stated that in the entire public service no written policy on the re-enlistment of persons exists, however; there are several precedents that has been set hence, the legitimate expectations of police officers.... [tags: Legislative Role, Policies, Constitutional]
1185 words (3.4 pages)
- On May 25, 1787 the constitutional convention began at the Independence Hall in Philadelphia in order to amend the Articles of Confederation. It was apparent to the framers of the Constitution that the Articles of Confederation lacked central authority over foreign and domestic commerce, threw many conflicts over time after the Revolutionary War. This wouldn’t be a harmonious amendment either. Between the Federalists and the Anti – Federalist they spent the entire summer creating a new government unlike any before.... [tags: United States Constitution]
1901 words (5.4 pages)
- 1. Jose is correct that section 7 is unconstitutional. Nor is there any contention that the residence condition enhances the administrative effectiveness of the Public Assistance Act. To the contrary, all of the evidence is to the effect that many of the burdensome budgetary and administrative problems which are currently encountered by welfare officials in the conduct of the public assistance program would be substantially alleviated by the removal of this bottleneck in the processing of applicants.... [tags: United States Constitution]
957 words (2.7 pages)
- One of the principal compromises in the constitution is on the topic of representation and its power. During the drafting of the constitution and the constitutional convention, the topic of representation as well as separation of power were soundly argued. To maintain a balance of powers, the drafters of the constitution agreed on a middle ground between the Connecticut and Virginal compromise. The separation of powers as entailed in the United States Constitution separates power of government into three branches hence guarantying that no single part of government is above another, this guarantee is entailed in a “checks and balances system”.... [tags: Separation of powers]
1219 words (3.5 pages)
- Has the modern Presidency over-stepped its Constitutional boundaries. This is the driving question for some political analysts. Some see that no matter who becomes president, Republican or Democrat, they seem to continue similar policies that overstep their Constitutional boundaries. They label this phenomenon as the “imperial presidency.” The imperial presidency is a dangerous trend that has led to the overexpansion of the President’s powers and critics are right in being worried about the imperial presidency.... [tags: President of the United States]
1010 words (2.9 pages)
- Does this protection actually exist. Identify the source of law. Is it grounded in constitutional, statutory, or judicial case law (“law on the books”) or is does it simply represent “law in action”. In regard to due process protections and citizens, The U.S Supreme Court ruled in Berger v. United States (1935), that prosecutors were limited in accordance with due process protections, in that, prosecutors are obligated to reframe from engaging in improper methods as a means to simply obtain a conviction.... [tags: Law, Criminal law, Lawyer, Judge]
889 words (2.5 pages)
- A new law was passed in California that required all public schools to teach Gay and Lesbianism history. The law comes after several attempts in legalizing and adopting homosexuality from people in the past. Perhaps the most notable advocates would be Harvey Milk, who was elected to the San Francisco Board of Supervisors while living openly as a homosexual. According to the state’s senator, the current curriculum should recognize the role and contributions of the minority groups such as women, Africans, Asians, Natives, Mexicans and European Americans.... [tags: Same-sex marriage, Homosexuality, Law]
1666 words (4.8 pages)
- There are many factors that are essential to the manifestation of a holocaust with prejudice being at the core of these contributing factors. If all prejudice was eliminated all cause for holocausts would be destroyed. Sadly it is impossible to eradicate prejudice because it is naturally fostered by human beings and their environment. Education and exposure to different minorities can help break down prejudice, but ultimately the only recourse to prevent future holocausts is to subdue human prejudice through the judicial system.... [tags: CCR Non Profit ]
1403 words (4 pages)
- Factors That Affect The Water Chemistry
- Racism, Slavery, And The Apartheid Of South Africa
- What I Learned At The Lafourche Parish District Attorney 's Office
- Understanding The Sacrament Of Penance
- Environmental Sustainability And Sustainability Of The Environment
- The Effects Of Spanking On Children 's Behavior