Impact Of Constitutional Law On Education

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The Impact of Constitutional Law on Education The primary purposes of a constitution include creating a government, defining its power, and protecting its people. Constitutional law is the interpretation and implementation of both the federal and state constitutions; in addition, it is the foundation of the nation’s current educational system, creating a legal chain of power and responsibility to educate the nation’s youth. Following the delegation of education by the U.S. Constitution to the state governments, the Texas Constitution of 1876 named the state’s legislature responsible for its education system. Through statutory law, the Texas Legislature established the schooling system and defined the roles of its agencies and boards. The …show more content…
Constitution begins by separating the federal government into the executive, legislative, and judicial branches and providing a system of checks and balances in order to distribute power evenly (U.S. Const., art. I, II, & III). This division and distribution of powers is also evident within the establishment and maintenance of the education system through the roles of constitutional, statutory, administrative, and judicial law summarized above. The document also divides power between the federal and state governments, reserving any power not delegated to the federal government by the U.S. Constitution for the states (U.S. Const., amend. X). The Tenth Amendment indirectly gives authority over education to the state governments; however, federal law take precedence over state law as defined by the supremacy clause (U.S. Const., art. VI). Finally, the U.S. Constitution enumerates various individual rights including freedom of religion and expression and a right to due process and equal protection under the law (U.S. Const., amend. I & XIV). Alleged violations of these fundamental civil liberties are often the source of lawsuits filed against school districts. The federal court system is tasked with interpreting the U.S. Constitution through case rulings, causing judicial review to be a key contributing factor to constitutional law (Walsh,

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