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What Is The Fifth Amendment In Public School Essay

394 Words2 Pages

A public school cannot suspend a student with no notice or hearing because it infringes on his or her rights. The specific amendments broken by the public school officials are primarily the fifth and sixth. Public schools are not allowed to take away rights and liberties given to the American people. The suspended student was denied his rights to due process and his right to formal informant of crime committed. A liberty that every American enjoys is upon crime committed they are awarded a hearing/trial in order to promote fairness. The Fifth Amendment has specific protections which includes the right to due process, “rights require the government to provide some type of hearing and procedure whenever has taken some action that deprives …show more content…

The sixth amendment essentially states that the accused enjoys the right to a speedy and public committee as well as formal informant of the crime committed (class notes). In order for the school to follow the constitution, they needed to inform the suspended student prior to the suspension and state the grounds of the suspension. However, the public school officials making this an unjust suspension did not provide that right. The farmers of the Constitution feared that the American government would abuse their power similar to governments they dealt with in their past. With this in mind, the farmers of the Constitution created unalienable rights for all American citizens to protect us. Public entities are not sanctioned to dismiss rights of people/students whenever they see fit. Consequently, when the state decides to empower public school officials to suspend students without a hearing or notice they are entering in illegal territory. The public school officials violated the fifth and sixth amendments of the student. The student’s right to a hearing as well as notice of his suspension was stripped from him. A public entity or in this case a school is not permitted to void the people’s rights. Constitutionally this is not a sound

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