Ambiguity Of Equality

With time and progression we as individuals will be faced with a constant challenge to continue to decide what we believe is right and what we believe is constitutional. Often times we hope that what is right will always coincide with what is constitutional, but of course we as people make mistakes. Our society is constantly being challenged to define new meanings of the Constitution along with being challenged in which way will we decipher the constitution. Many of us are allowing our morals and humanity to define how we will determine if these new challenges will be constitutional. While others will only read the text of the constitution concretely and will leave nothing for interpretation. Time and precedents always allow us to have new …show more content…
The school board is arguing with the ambiguity of the word sex. They are also arguing that the “Dear Colleague” letter by the Obama administration should be considered unconstitutional due to the fact that they overstepped their powers in redefining the word sex in Title IX to make sex refer to how someone identifies rather than the biological parts they were born with. Gloucester County School Board believes that they were elected to make decisions dealing with major situations such as this within their schools, and then they are being questioned on their own power and decision. They also believe that the state rather than the federal government should determine these decisions. Especially due to the fact that the federal government has the ability to take away major funding for these schools if they do not wish to comply with their policies. They are arguing that the executive branch does not simply have the power to override and create this letter, since the executive branch did not go through the APA’s notice-and-comment process. Thus, implying that the entirety of checks and balances was entirely ignored. They argue that the word sex cannot be ambiguous, because it was specifically written within the Title IX. Furthermore, the school board argues that the bureaucrats should not even decide …show more content…
This is the case in which the precedent was created to allow the executive branch and other federal agencies to clarify any ambiguous words of ones own legislation. Yet, although it was ruled constitutional to rewrite part of the legislation without completing the APA’s notice-and-comment process the rewriting of the legislation must not change the meaning of the legislation. Thus, enhancing the argument to determine who will win this case even more. Therefore, it is believed that under previous precedent that it is more than constitutional for the executive branch to rewrite the word sex and how it shall be defined in Title