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Short note on right to education
Relationship between the federal government and state rights
An essay on right to 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,
After the American Revolution, America had earned it’s freedom from Britain. In order to govern this new country the Articles of Confederation was created. This document was flawed by the colonists fear of putting too much power into a central government. Knowing the document needed to be fixed a constitutional convention was called. The document created at this convention has been our constitution ever since. But even the Constitution was meet with criticism. One major concern when writing the constitution was how to protect the citizens rights. The Constitution did this through the preamble, the legislative process, the limit of presidential terms, the judicial branch, and the bill of rights.
The Constitution lays out the rights and obligations of the newly formed United States government. But, what of the rights and obligations of its citizens? Starting in 1791, only two years after the Constitution was ratified, the Constitution began to evolve and this process continues to this day. The first ten amendments to the Constitution are known as the Bill of Rights. This Bill of Rights outlines the protections citizens have from the government of the United States.
What are the rights of a government? Does the government have the right to control what we think and where we get our intellectual stimulation? After the Constitution of the United States was drafted, a Bill of Rights containing ten articles was adopted and ratified by the thirteen states. In the first article, it guaranteed the people the freedom of religion, speech, the press, and public assembly. People were given the right to enrich themselves with knowledge accumulated through their readings from whatever source they chose and to make criticism towards the government as they saw fit. Because of the liberty given to its people, it is no wonder that the United States government is considered a model government in the world today. Any sound government would allow its people to make their own free judgement according to their knowledge from any sources they may gather.
The Bill of Rights the first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship. These were the basic principles of the Bill of rights. These were the principles that American people was fighting for in the Revolutionary war. In the summer of 1787 thirteen delegates got together and came up with the Constitution. As things progressed they found out that the Constitution was deeply flawed and they needed to find a way to correct the problems that they had.
How the judicial branch rules in cases relating to the 1st and how they relate that to all the rights of public school students. This includes anything from flag burning to not saluting the flag to practicing religion in school. The main point of this paper is to focus on the fact that schools have a greater ability to restrict speech than government.
Although federal law is effective throughout the United States, different states have different state laws. In this essay, I will discuss the differences and similarities between the federal and California judicial system. Under the U.S. Constitution, there are three levels that provide court cases that can be heard in the federal and state governments. Whenever a law case is issued, Trial Courts are always the first court people would have to go through.
The Bill of Rights are the first ten Amendments to the Constitution. The Bill of Rights works to provide constitutional protection for the individual and to limit government power. The First Amendment and the Sixth Amendment protects the individual by allowing religious and political freedom, and by promising a public and speedy trial. The Fourth Amendment protects the individual’s privacy and limits the reach of the government into people’s homes and personal belongings. The three essential Amendments from the Bill of Rights are: the First Amendment- Religious and Political freedom: the Fourth Amendment- Search and Seizure: and the Sixth Amendment-Criminal Court Procedures.
The Bill of Rights includes several amendments describing the rights that people have as well as the things that are prohibited in our nation. The First Amendment of the Bill of Rights states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for the redress of grievances.” This Amendment lists the five freedoms that all of the United States citizens have been given. (U.S. Const. amend. I)
First, according to justice.gov, “The federal court system has three main levels: district courts, circuit courts, and the Supreme Court of the United States.” The courts all have a different role to play in the judicial system. Court systems exist to provide justice for all. Now, the district court system is the beginning of the judicial system. A good amount of the cases handled by the district court system are either criminal or civil trial cases.
“The Constitution leaves in its wake a long legacy, forever shaping the fate of many other countries. Whether those countries are currently in a state favorable to liberty or not, it is undeniable that the U.S. Constitution’s principles have caused people to rethink how to organize their political systems” (Hang). Time has only added value to the Constitution, for every time we reference it in our lives it is a testament of our trust and loyalty in what it states about our rights as individuals and the role the government plays in our lives. When it was written, the Constitution was the law of the land that gave people rights they had previously lived without. Similarly, we live lives of choice and independence because of the same document while other countries limit all the rights we are guaranteed in the Constitution. Simply put, “The Constitution is important because it protects individual freedom, and its fundamental principles govern the United States. The Constitution places the government 's power in the hands of the citizens. It limits the power of the government and establishes a system of checks and balances”
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
The United States Judicial system consists of two different types of courts, federal and state courts. The federal courts are separate from the state courts, or a dual court system, both differing in function, size, and significance (Neubauer, 2010). The majority of courts are trial courts, the courts in which trials are held by a judge, and consist of lawyers, defendants, victims, witnesses, and all the other typical court room players. ...
According to the U.S. constitution, fundamental rights hold a special significance under the Fifth and Fourteenth amendments. The Fourteenth amendment states that, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without Due Process of law; nor deny to any person within its ju...
The U.S. Constitution to me means freedom, unalienable rights, justice, protection, security, equality, and fair government. The Constitution protects these rights with popular sovereignty, limited government, checks and balances, federalism, judicial review, and separation of powers. The two most important meanings to me are fair government and unalienable rights.
The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal meaning of the constitution. The interpretation of the constitution and amendments can make a big impact on outcomes. In our government and Judiciary, we see commonly see originalism being used to interpret the constitution and amendments, but there