chapter 1 legal framework affecting public schools
TRANSCRIPT
Chapter 1
Legal Framework Affecting Public Schools
Historical Development of the U.S. Constitution
• The Articles of Confederation were established in 1781 to help govern the U.S.A.
• These Articles guaranteed each state’s sovereignty and independence.
• In 1783, after the Revolutionary War, each state began to act similarly to an independent country-running it’s own affairs with little concern for the Republic.
• The Constitution was ratified 3 months after it was signed. (Signing: Sept. 17, 1787, Ratification: From Dec. 7, 1878 to June 21, 1788)
• The Constitution adhered to the principle of separation of powers by making 3 separate branches of government-the legislative, judicial, and executive.
• Additionally, powers are distributed between a central government, the states, and provinces. Articles VI, however, makes the national government supreme so states are obligated to enforce the U.S. Constitution, federal statutes, and treaties.
Bill of Rights
• The Bill of Rights represents the primary source of individual rights and freedoms. The first 10 amendments to the Constitution are viewed as fundamental liberties of free people.
• For example, the government can not pass laws prohibiting the freedom of speech.
• Others include the freedom of press, assembly, and religion.
• Public schools belong to the state so they too must abide to the Bill of Rights when dealing with students and school personnel.
U.S. System of Courts
• The 2 types of courts are federal and state. • Federal courts include district courts, appellate courts,
and the Supreme Court.• At least one federal court is found in each state with a
total of 95 in the U.S.• There are 13 federal circuit courts with Nebraska
belonging to the 8th.• State courts are where most educational cases take pl
ace because they do not involve federal questions. • State courts are split into courts of general
jurisdiction, court of special jurisdiction, courts of limited jurisdiction, and appellate courts.
The Supreme Court
• The Supreme Court is the highest court in the land and there is no appeal beyond the decision of this court. The only way a decision can be overturned is by an amendment to the constitution.
• Cases can reach the Supreme Court only based on appeal (by right) or writ of certiorari (by granting from the Supreme Court).
• There are 9 members on the Supreme Court, including a Chief Justice, who are all appointed to life terms.
