Transgender Students In Schools Case Study

Better Essays
“Bathroom use of transgender students in schools by gender identity” issue happened when Omaha’s administration send out a letter to public school to ask them open a new bathroom or allow transgender student join which one if they like to fit with their gender identity. This act is need to discus when Federal and so many states have agreed on the rights and protecting gay, lesbian and transgender people. “Under the new protections, transgender students are able to essentially live as the gender that matches their identity. A child who was born male but identifies as female can choose a new name, dress as a girl, be addressed as “she”, play on girls sports teams and access the girls restroom and locker room.” The purpose of this act is to ensure …show more content…
For this case, Obama’s administration stand for executive branch passed a bill but it haven’t went through an approval of The Supreme Court- judicial branch and discus by the Congress. Separation of Power always go with Check and Balance, which is “based upon the philosophy of Baron de Montesquieu. In this system the government was to be divided into three branches of government, each branch having particular power.” “Not only does each branch of the government have particular powers each branch has certain powers over the other branches. This is done to keep them balanced and to prevent one branch form ever gaining too much power.” North Carolina have used this to sue again Court. And The Court can’t tell North Carolina to accept the law unconditional even though North Carolina still obey all the laws of Federal. The procession of Separation of Power with Check and Balance help that U.S.A doesn’t go Dictatorship when their is no branch have more power than other which could control and set rule the hold …show more content…
They don’t want their schools have to open new bathroom for transgender students when it’s not suit for them. And all the schools in territory of North Carolina are controlled by North Carolina’ Educational Department which is outside the power of Federal. United States is running under Federalism with Septette of Power and Check and Balance process is helping to produces laws that “respect majority rule while protecting minority rights”. Because it’s requires all states need to obey the same general laws from federal that is respect majority rule. But they still have right to produce their own laws and rules to protect state’s rights which is Federal can’t be denied. However, all the laws produced by states need to be overview by Federal and it can’t be written to stand against Federal. If the law of respect majority rule while protecting minority rights had passed, it will have a lot of good effect for people. When Federal still passing a law to deal with national issue and states don’t need to apply all the law that is not fit for the gain of interest for people in that

Related Documents

  • Decent Essays

    And those three are the reason to prevent the government from overpower. Without them, it will lead to chaos, and nobody makes a decision. The states end up with power and create their own country. The Supreme Court should have the power of judicial review and overturn the unconstitutional federal law because it reviews the actions of the Legislative Branch and the Executive Branch to see if…

    • 612 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    Federalist No. 32 Essay

    • 1601 Words
    • 7 Pages

    The first is the “necessary and proper” clause, which states that the national government can make all laws that are necessary and proper for its functioning. The second is a clause that sets that the national laws & constitution will be the supreme laws of the United States. However, these clauses should be of no concern, because they have no effect on the government — in fact, if they were completely left out, the constitution would function exactly the same. Their purpose is only to state things that are already true of any functioning national…

    • 1601 Words
    • 7 Pages
    Decent Essays
  • Decent Essays

    Meaning that power is divided between the national and state governments. Each have specific powers which the other cannot change or override. States not in favor of legalizing same-sex marriage claimed that the national government did not have the authority to overrule their laws. Nullification is “the historical idea that states can ignore federal laws, or pass laws that supersede them” (Graham) these states tried to nullify the Supreme Courts decision. Public officials in many states such as Ted Cruz support the idea that the Supreme Court’s ruling is not in fact the law of the land.…

    • 1472 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    In fact, the First Amendment added an express denial of any such power. Also, why would the government and the people go through all of the effort of passing the Sedition Act of 1798 if the 1st amendment only protects people from prior restraint, the English common law. If this were true, then there would be no need to enact anything else because then the act would add nothing to the laws that were already put in place. Thus, the first amendment is meant to protect the people from all branches of government, so they cannot limit our opinions. The Sedition Act of 1798 was put in place to combat and further the power and role of the government since they had no power over the press…

    • 798 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    While judicial review is not noted in the Constitution, Madison had intended the U.S. Constitution to be evaluated by independent judges instead of through conflicting political bargaining. [3] Of course, the Supreme Court’s power of judicial review was not implemented until 1803 in connection with the case Marbury v. Madison. In Marbury v. Madison, John Marshall, the Chief Justice, pointed out that it was necessary for the Supreme Court to have the power to overturn unconstitutional legislation. [4] Ever since, the Supreme Court has used this power to review the laws to make sure they are constitutional. The judicial review process gives the Court the responsibility to ensure individual rights and maintain the Constitution as new issues arise in a complicated and changing society.…

    • 868 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Government Vs Constitution

    • 1410 Words
    • 6 Pages

    Jefferson’s first approach to constitutional interpretation is that each branch must decide for themselves the constitutionality of a law, “equally without appeal or control” from the other two branches. A branch is deemed the “rightful” expositor of the validity of the law, disregarding the opinions of the other branches. A strength of this is that each branch can interpret the Constitution for themselves and focus on how the Constitution relates to the interest they are focusing on. They are able to form stronger opinions, since they will not be second-guessing their opinions based on the input of the other branches. A disadvantage, as Jefferson points out, is that contradictory decisions may arise, which results in confusion and produces inconvenience.…

    • 1410 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    Individualism In Society

    • 1082 Words
    • 5 Pages

    Thus, they developed a system of "checks and balances" to prevent any one of the three separate branches of the government from becoming dominant. The checks and balances included in the Constitution ensure that the government will never become too centralized. Thus, it is obvious that the very foundation upon which this nation was constructed, the Constitution, blocks any of the three branches from dominating the other two. And while it is true that government has become more centralized than the framers of the Constitution had probably planned, it is still far from the monarchy of England. The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist.…

    • 1082 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    The law ought to be supreme over all” (http://www.crf-usa.org). What is meant by this is that there must be upholders to the law, or there is no point in having a constitution. The reasoning for the constitution is to state laws or principles of the United States and if they are not followed or enforced, then it is pointless. The quote is also trying to say that the constitution should be followed by all people in the United States. No one is excluded from following the law no matter what their position in the society…

    • 1187 Words
    • 5 Pages
    Decent Essays
  • Decent Essays

    By law, everyone is required to receive equal treatment and no wrongful punishment can be granted when the law is broken. This means a person cannot be charged with a crime twice, also known as double jeopardy. Also, a person can choose to “plea the fifth” and not answer a question of they feel as if the answer can lead to incrimination (Strauss). Due to the Fifth Amendment only applying to the Federal level, there were some reconstruction amendments added. One of them included the fourteenth amendment, which granted citizens with more protection from government.…

    • 847 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    The Federalists are going to invoke the Elastic Clause, which gives Congress all the necessary and proper power to execute its duties. What is “necessary and proper” to some might be unconstitutional to another. The Necessary and Proper Clause is going to be invoked by the Federalists, to do things that the Constitution does not give them the right to do. Republicans are going to have an entirely different take, and they want to restrain the powers of government, and they are not going to invoke the Elastic Clause, but invoke the Reserve Clause. The Reserve Clause suggests that any power not specifically granted to the federal government, nor prohibited by the federal government are reserved for the states of the people.…

    • 747 Words
    • 3 Pages
    Decent Essays