Week 2 Case Study

660 words - 3 pages


Answer case analysis questions 1, 2a, and 2b from p. 21. Read Texas v. Johnson on pp. 21-22 first.
Answer case analysis questions 1, 2, and 3 from p. 126. Read Brown v. Board of Education on pp. 124-126 first.
Answer question 1 under “Application and Analysis” from p. 139.

Pg. 21-22
* 1. What gave the U.S. Supreme Court, a federal court, the right to review a Texas state law?

This is because of the Supremacy Clause of the Constitution (Article VI): “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof. . . shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding

* 2. Suppose that Johnson had burned a Texas state flag instead of the U.S. flag.
a. Would the U.S. Supreme Court have jurisdiction to hear the case?
b. If the Supreme Court did hear the case, do you think the ...view middle of the document...

 How much importance did this Court give to the actual intent of the drafters of the Fourteenth Amendment?

It was concluding that in the field of public education the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment

Pg. 139
1. Refer to the case file at the beginning of the chapter. If you represented the students, what arguments would you make that your constitutional rights are being violated? If you represented the school, what arguments would you make that the rules and procedures are constitutional?

The Thornton County School District recently adopted a uniform dress policy for all students. Students must wear only those items of clothing approved by the school. Students are prohibited from wearing hats or other head apparel on school premises. No exceptions are allowed. One month prior to graduation, several high school seniors challenged the policy by attending school out of uniform. The school principal expelled them all from school immediately and told them that they could not graduate with their class. They were not given a hearing prior to or subsequent to the principal’s action. The parents of several students wish to challenge both the school dress policy and the expulsion of their children. Some parents claim that the prohibition on head coverings interferes with their religious beliefs. Others simply claim that their children’s choice of dress is part of their right to express themselves. All of the parents believe their children should have the right to a hearing.

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