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LAW100 Business| Supreme Court has Interpreted Constitutional Rights

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write a brief summary and analysis. When choosing articles for this weekly assignment, you should ask yourself “Would this article be interesting to a student in this course or to someone who is working as a business professional?”

How the Supreme Court has interpreted constitutional rights of school children.

Answer:

Title of the Article

How the Supreme Court has interpreted constitutional rights of school children

Date of Publication

September 13, 2018

Name of Author

Eloise Pasachoff

The work is to summarise the article in relation to the Establishment and Free Exercise Clauses.

The Establishment and Free Exercise Clauses call for the individual’s right to uphold their religious beliefs and the government’s role in the same (Ubalt.edu, 2018). The first part states that congress shall not make any law with respect to the establishment of any religious place; the second part states that practice of any religion should not be prohibited (Legal Information Institute, 2018).

The year 1969 witnessed Supreme Court’s opinion on the above stated clauses with respect to the students that stated that constitutional rights are likewise applicable to the students like any other citizen, and students can exercise the same within the educational institutions. As stated by the University of Chicago law professor Justin Driver, in his book, the interpretation of the constitutional rights for the students was not possible earlier, however today, the same has been extended on the lines of the role of the religion in public education system. The constitutional rights with respect to freedom of speech in the event of school speeches, kneeling down in the football field for the prayers, are some of the areas of debate where the decisions as taken earlier are regarded as the violation of the clauses today. However, the book fails to highlight the relationship of congress with respect to the authority to spend money to general welfare of the students, in order to protect their rights.

Thus, today not only the students can uphold their rights with respect to the dress they would want to wear as per the religious beliefs, but also protests against the issues in the educational systems, as per the freedom of speech and religion clauses.

References

Ubalt.edu. (2018) V.  freedom of religious [online] Available from: https://home.ubalt.edu/shapiro/rights_course/Chapter5text.htm [Accessed on: 07/10/2018].

Legal Information Institute. (2018) Free Exercise Clause. [online] Available from: https://www.law.cornell.edu/wex/free_exercise_clause [Accessed on: 07/10/2018].

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