Constitutionality

The Texas Educator Code of Ethics backs-up the student’s claim that the teacher had no right to invade her personal space. The teacher violated at least five different standards and could face severe punishment. The first and most obvious code that was broken is Standard 1.7 (1G). It states, “The educator shall comply with state regulations, written local school board policies, and other state and federal laws.” This means that the teacher has to obey all policies that the school board decides…

attempts of preventing drug use in students and the student’s inherent minimum expectation of privateness renders the decision constitutionally sound and not in violation of the Fourth amendment. But, the courtroom stated, “In upholding the constitutionality of this coverage, we specific no opinion as to its information.” The Court inferred that the Board of Education's general principle of competitive extracurricular activities decreased the assumption of privacy between students and that the…

In the book “We the People”, Lynne Cheney states that, “It's about checks and balance. That’s why congress makes the laws so the President cannot have too much power. It's total unconstitutional!” This displays that executive orders give the president too much power. Ever since the birth of this country, the purpose was to have a system of checks and balances. We achieve this by limiting the power of the executive branch. The President’s ability given to him by executive order is unjust. For…

egalitarian legal framework. However, even after these amendments, state laws and even federal laws attempted to interpret the amendments in a way that took away rights depending on skin color. For example, the Plessy v. Ferguson case upheld the constitutionality of segregation under the separate but equal doctrine. The fourteenth amendment stated, “No state shall make or enforce any law which shall abridge privileges or immunities of its citizens.” Even back to…

There has been lots of debate over gun control, its constitutionality, and whether it will really help society at all. The gun control movement’s main argument is that society would benefit from citizens being unable to carry concealed weapons due to deaths caused by violent crimes committed with guns, however most don’t stop to think of the number of times guns are used in self-defense, and consider the number of lives saved versus how many are taken through the use of guns. One argument is…

the role of the United States Supreme Court in our constitutional system. The Supreme Court is the highest part of the Judiciary branch of the United States government. The Supreme Court usually has the final say in all matter involving the constitutionality of all government matters. The Supreme Court has the power to decide whether a law passed by Congress is constitutional. Therefore, they have the power to deactivate or annul laws. In addition, it is the Supreme Court’s job to ensure that…

The discrimination present in proactive policing techniques is in large part due to programs such as COMPSTAT, that assist in prioritizing police concern. Existing personnel and resource management programs like COMPSTAT, focus primarily on compiling data based on a narrow spectrum of crimes; in the process, turning a blind eye to more affluent neighborhoods and focusing only on certain minority populations. Due to decades of institutional racism, minority groups find themselves economically…

drive cars would be a danger to society, then the law of not allowing them to drive is justified even though it discriminates against the blind. Similarly, intermediate scrutiny is also a test where the court needs to determine a statute’s constitutionality based on gender or sex. In other words, when the court needs to ensure that the law is in accordance with the constitution. According to the American Government textbook, intermediate scrutiny is required when the government needs to…

Abolishing the Plea Bargaining System 97 percent of federal cases and 94 percent of state cases end in plea bargains, with defendants pleading guilty in exchange for a lesser sentence (Goode, 2012). A plea bargain is an arrangement that happens between a prosecutor and the defendant in a criminal case. The prosecutor gives the defendant the opportunity to plead guilty to their charge or a lesser charge in order to avoid trial and the possibility of receiving the maximum sentence. While it would…

Plessy vs Ferguson and how it affected the U.S. and LR9 in Warriors Don’t Cry On the 7th of June, 1892 Homer Plessy was arrested due to his refusal to move from a seat that he had rightfully paid for. This would end up pushing the limits of what is considered constitutional about the “Separate Car Act”. Plessy’s argument was that his removal went against the 14th amendment, in the case “Plessy v. Ferguson”. By the fourteenth amendment, all persons born or naturalized in the United States, and…