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Case Study: Goss V. Lopez

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The single most important sentence located in the 14th Amendment reads, “Nor shall any state deprive any person of life, liberty, or property without due process of the law nor deny to any person within its jurisdiction the equal protection of the laws.” This sentence helps to determine if someone has had their rights violated, as evident in the Goss V. Lopez. In this case 9 students were suspended for 10 days without receiving a hearing. It was ruled that this violated the Due Process clause governed by the Constitution. Because of this case public schools re require to provide “oral or written notice of the charges against him and if he denies them an explanation of the evidence the authorities have an opportunity to present his side of the story.” Mrs. Amy Mc Kee Hamilton the Assistant Principal at Walter S. Christopher Elementary School located in the city of Chicago state that the 14 Amendment is the foundation of the disciplinary …show more content…

When an incident occurs, teachers must gather information from any involved parties. Research includes all forms of investigation. It can include interviews or searches. Once the information is collected it is analyzed. The student is then broth in to discuss the information. At this point the child is informed of what they are being accused of. Parents are contacted and given written notice. During the suspension period, it is determined whether the offense qualifies for long term or short term suspension. The school “attempts to avoid consequences that will remove the student from class or school if possible.” Complete reports are then placed in the student files. The parents are informed of their rights during this process and the steps that they can take if they seek to appeal the decision. Finally, the school attempts to restore the student back to the school. This is done after both short and long term

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Gideon V. Wainwright 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 (1963) is the case I have chose to brief. According to US courts website “Clarence Earl Gideon was an unlikely hero. He was a man with an eighth-grade education who ran away from home when he was in middle school. He spent much of his early adult life as a drifter, spending time in and out of prisons for nonviolent crimes. ”The Petitioner within the case was Clarence Earl Gideon.

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The Goss vs. Lopez case was argued to the Supreme Court in October, 6, 1974. Nine students, including Dwight Lopez were suspended for misconduct and the destruction of school property. The students reportedly obstructed the learning environment of other students. The students felt that the suspension against them was unconstitutional. Among the ten students, Dwight Lopez argued that the suspension was an act of violation of the fourteenth amendment.

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It was required that the student's parents be informed of the suspension within 24 hours with given reason. If the student were expelled, they would allowed to appeal to the Board of Education. The principal gave the students suspension without holding a hearing, it was okay because Ohio law did not make it required to do so. But they were also later expelled without a right to have due process. The federal courts believed that the students rights were being violated.

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The 14th Amendment right to equal protection as recognized under Baker v Carr designed on the surface to ensure fair participation in the democratic process, however, it is more so a check on the majority. As Baker v Carr introduces, the 14th Amendment does not cover all types of discrimination. For example, discrimination by the means of improper districting of a state, intentional or not, is not covered by the Constitution. However, what the 14th Amendment does do effectively is put a check on the majority will through rights. The majority rules and the only way to prevent this is through rights, which dictate what people are and are not allowed to do.

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The 14th Amendment of the U.S. Constitution protects any person within their jurisdiction of their due process and equal protection. The Equal Protection Clause under the 14th Amendment requires the states to apply their laws equally to any person within their jurisdiction. The equal protection clause aims to provide equal application of the law. It is also crucial to the protection of civil rights. There should be no discrimination in its application.

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They were all suspended without being given a hearing prior to their suspension, or they weren’t given a hearing within a reasonable time after their suspension. Federal court mandated that the suspensions of the students be removed from their cumulative record. The Columbus Public School System and school board appealed the ruling to the U.S. Supreme Court. The U.S. Supreme Court ruled that the due process clause of the 14th amendment had been violated. SCOTUS ruled 5-4 in favor of the students of the Columbus Public School

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Many notable Supreme Court cases have depended on the 14th Amendment and its clauses. One of the first was Plessy vs. Ferguson, where the Supreme Court said that segregation was Constitutional as long as the facilities were “separate but equal.” Another famous Supreme Court case involving this Amendment was Brown vs. Board of Education. In this case, the Supreme Court concluded that the separate facilities weren’t equal, which violated the 14th Amendment, so they reversed the ruling of Plessy vs. Ferguson. If it weren’t for the 14th Amendment, these cases wouldn’t have happened and the Civil Right Movement may have never occurred.

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The Fourteenth amendment is a significant addition to the constitution and although the amendment has five sections, section 1 has had the moral lasting significance through its creation of three important provisions concerning citizenship, due process and equal protection. The Fourteenth Amendment granted citizenship to all people born or naturalized in the United States and subject to the jurisdiction thereof. The fourteenth Amendment also forbid the states to deny their citizens due process of law or equal protection of the law, that is, it made certain provision of the Bill of Rights applicable to the states. Lastly, the Fourteenth Amendment prohibits the government at any level from unfairly or arbitrarily denying a citizen their fundamental

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The fourteenth amendment protects the little people. The people who are slipping through the cracks, the ones that have fallen by the wayside of the majority. Recently, this has meant rulings in favor of same-sex marriage. Historically, it has granted women the right to an abortion and given African Americans the right to go to the same schools as their fellow Americans. In each case, an oppressed or otherwise infringed group from the overreaches of the state, the society at large.

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53). The research used students of all ages, races, sex, and sexual orientation and identity. The subjects were not chosen based off any specific criteria other than the fact that they attend the public school system within the United States (p. 53). The study was carried out through analyzing public records data, such as the U.S. Department of Education for Civil Rights, in order to determine the number of students suspended within a time period, within what grades were they suspended in, and the reason for their suspension (p. 53-54). McCarter also incorporated research from various authors into her own in order to draw accurate conclusions of the negative consequences that zero-tolerance policies, high-stakes testing, school climate, the increased presence of SROs and their adverse effects on students (p.

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The Fourteenth Amendment (Amendment XIV) The amendments were put into place to protect the rights and civil liberties of all American citizens from the federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states.

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Everyday Braxton goes to school and does the correct things needed to be known as a good kid. One day a fight happens in front of Braxton and tries to break the fight up, instead of breaking the fight up, Braxton ends up being fought also. He is told that he is punished instead of helped. In the short run everyone thinks he will learn from his mistakes, in the long run, this is ran through all of the colleges and nobody accepts him, Braxton drops out. When it comes to student misbehavior, most schools have long practiced a basic system of crime and punishment, isolating the perceived “offender” through detention or suspension.

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This landmark case affirmed that the 6th Amendment applies to all states under the 14th Amendment. Not only did the video show the importance of the amendments to the constitution, it also demonstrated the possible pitfalls of judicial review, but also its ability to ensure the personal rights provided by the constitution are not

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Suspension is an easy and inexpensive way to get a troubled student out of your hair. But suspension is not always a great punishment because getting to stay home in the comfort of your bed and house doesn’t teach a good lesson, some kids action may not have been bad

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“The law requires that parents or guardians be notified of any evaluation or placement action, and that they be allowed to examine their child’s records. If they disagree with the school’s decisions, parents or guardians must be allowed to have an impartial hearing, with the opportunity to participate in the discussions. A review procedure must be made available to parents or guardians who disagree with the hearing decision”(U.S. Department of Education, n.a.). It is important parents have a clear understanding of the IEP process to make education informed decisions concerning their child’s education. It should be the Local Educational Agency (LEA) to insure there is clear understanding by the

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