A Teacher's Guide to Education Law

By Michael Imber; Tyll Van Geel | Go to book overview

THE CONSTITUTION
OF THE UNITED STATES OF AMERICA

[Parts of the Constitution pertinent to education law. ]

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.


ARTICLE I.

SECTION 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

SECTION 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; …

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; …

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

SECTION 10. No State shall pass any … Law impairing the Obligation of Contracts …


ARTICLE II.

SECTION 1. The executive Power shall be vested in a President of the United States of America.


ARTICLE III.

SECTION 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

SECTION 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.


ARTICLE VI.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, 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.

ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CONSTITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION.


AMENDMENT I [1791].

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

-295-

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A Teacher's Guide to Education Law
Table of contents

Table of contents

  • Title Page *
  • About the Authors *
  • Contents in Brief ix
  • Contents xi
  • Preface xv
  • Chapter 1 - Understanding Education Law 1
  • Chapter 2 - Curriculum 15
  • Notes 45
  • Chapter 3 - Student Free Speech Rights 48
  • Notes *
  • Chapter 4 - Student Discipline 75
  • Notes *
  • Chapter 5 - Equal Educational Opportunity: Race and Gender 103
  • Notes *
  • Chapter 6 - Students with Special Needs 139
  • Notes *
  • Chapter 7 - Federal Constitutional and Statutory Rights of Teachers 169
  • Notes *
  • Chapter 8 - Teacher Employment 211
  • Notes *
  • Chapter 9 - Collective Bargaining, Unions, and Teacher Contracts 232
  • Notes *
  • Chapter 10 - Torts 255
  • Notes *
  • The Constitution of the United States of America 295
  • Table of Cases 299
  • Index 321
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