An inherent challenge or obstacle for the court could include the statement made during the decision of Atkins v. Virginia. The case stated that the method of determining intellectual disability was up to individual states. By making a new constitutional clarification, the Supreme Court is limiting the states freedom in determining intellectual disability. Given the new constitutional clarification of what cannot be done, one could ask what keeps states from using a the range to satisfy their personal agenda. In other words, what keeps states from taking an IQ score of 69 and applying the 5–point range to make the score become 74.
Westminster decision came down in 1947, there were still states and cities that were working towards integrating every school. Houston, Texas, was one of these cities. Carlos Calbillo, a resident of Houston, remembers the integration process in the 1970s. Houston Independent School District decided that Mexican-Americans were going to be reclassified as White, in order to integrate African American and Mexican-Americans into the same schools. The district called this process integrating because the Mexican-Americans were classified as White, and the African Americans were classified as Black.
Free College Tuition: About 70 percent of students are in debt from taking out loans to try to pay for their college tuition. The average debt per college student is about $30,000. The first two years of college should be free. In the first two years of college, we are practically relearning everything that we have already learned in high school. It's completely ludicrous to make us pay for classes that we already know the material for.
A divided New York Appellate Division affirmed on the ground that the statute was unconstitutional because it has the primary effect of advancing religion (Mercer Law Review, n.d). As the First Amendment of the U. S. Constitution states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” In this case the state of New York Legislature violated the Constitution.
Facts of the case Same Sex Rights Vriend v. Alberta,  1S.C.R. 493 There was a guy named Vriend who was a college instructor. At the time he was in Alberta located in the prairies of Canada. In the year 1988 he was given a full time permanent position as a laboratory coordinator at a college. In the year 1991the president had told Vriend to resign from his position of being the college instructor due to the fact that he was homosexual. Vriend then refused to quit his job that the college fired him.
In spite of the fact that a privilege to marry is not listed in the Constitution, the Court said that such a privilege is covered under the Fourteenth Amendment in light of the fact that such choices are vital to our survival and our values. Accordingly, they should essentially reside with the individual instead of with the state. This choice is a conflict with the popular argument that something cannot be an actual constitutional right unless it is spelled out straightforwardly in the U.S. Constitution. It additionally stands out amongst the most imperative models on the general thought of common uniformity, clarifying that essential social equality is basic to our reality and cannot really be restricted on the grounds that a few people trust that their god can 't help
“A common law Constitution is a "living" Constitution, but it is also one that can protect fundamental principles against transient public opinion, and it is not one that judges (or anyone else) can simply manipulate to fit their own ideas”( Strauss, David A). With today’s society and the way things are its hard to say whether or not this document is living or not. I still believe the Constitution is a non-living document. In another article I read, Scalia states that “that issues such as abortion and homosexuality do not appear in the Constitution makes them matters for which citizens and states can enact laws”( Patel, Ushma). Basically what he’s saying is that issues that are not supported in the Constitution make it not a living document.
Genesis Orellana Politics 120 Lee Corbett I never knew that the bill of rights only limited the national government, and not the states. How is it that the bill of rights would affect the people positively, when the states didn’t have to give them those rights? It makes no sense to me, that James Madison would create the Bill of Rights only to be used in the courts of the national government and not be used to fully extend to the general public. It was “power that simply did not exist.”
Facts: Shortly after the beginning of the 1994-1995 school year, Katherine Taylor was diagnosed with bipolar disorder and was hospitalized. Shortly before being released to go back to work, her son contacted the school to request accommodations for his mother. When Taylor returned to work, her duties were lessened and her day was being micromanaged by the new principal, Mendel. In all the years she had worked for the school, the defendant had no disciplinary issues and actually received the following comments from the previous principal "excels in all aspects" of her job, was a "credit to our school," and "a tribute to excellence. " The defendant alleges that Mendel documented every misstep or problem that she had and only brought them to her
Spring Branch I.S.D. v. Stamos Supreme Court of Texas, 1985 695.S.W.2d 556 [27 Educ. L. Rep. 640] This case examined the constitutionality of the Texas Education Code 21.920 (b) “No Pass, No Play” rule: A student, other than a mentally retarded student, enrolled in a school district in this state shall be suspended from participation in any extracurricular activity sponsored or sanctioned by the school district during the grade reporting period after a grade reporting period in which the student received a grade lower than the equivalent of 70 on a scale of 100 in any academic class. The campus principal may remove this suspension if the class is an identified honors or advanced class. A student may not be suspended under this subsection
The Supreme Court case, Brown vs. Board of Education 349 U.S 294, dealt with the segregation of black children into “separate but equal schools.” The Brown vs. Board of Education was not the first case that dealt with the separating of the whites and blacks in schools. This case was actually made up of five separate cases heard in the United States Supreme court concerning the issue of segregation in public schools. Brown v. Board of Education of Topeka, Briggs v. Elliot, Davis v. Board of Education of Prince Edward County (VA.), Boiling v. Sharpe, and Gebhart v. Ethel were the five cases that made up the Brown case. Thurgood, Marshall, and the National Association for the Advance of Colored People (NCAAP) handled these cases.
Case: New Jersey v. T.L.O. (1985) Facts: A high school freshman (T.L.O) had her purse searched by the Assistant Vice Principal at her school because a teacher found her and another student smoking in the lavatory. The Assistant Vice Principal uncovered cigarettes and marijuana. Procedural history: T.L.O. motioned to suppress the evidence because her Fourth Amendment rights were violated and was denied by the Juvenile Court stating the search was reasonable. The Appellate Division of the New Jersey Superior Court agreed there was no violation of the Fourth Amendment. The New Jersey Supreme Court reversed the decision stating the search was unreasonable.
Title of Case: Lau v. Nichols: 414 US 563 (1974) Plaintiff: Kinney Kinmon Lau Defendant: Alan Nichols, San Francisco Unified School District Setting: San Francisco, CA Major Issues Raised/ What is the case about? This case examines the responsibility that a school district has to establish a program that deals with the various language issues of non-English speaking students.