Legal Framework affecting public schools
THE LAW...
Sources of Law - All legal rights and freedoms in the United States of America come from the Constitution and the Bill of Rights. Court decisions have clarified those rights through the decades but essentially all lawful positions are based on these documents.
Bill of Rights and the Fourteenth Amendment - The Bill of Rights represents the primary source of individual rights and freedoms under the U.S. Constitution. The adoption in 1868 of the Fourteenth Amendment, guarantees due process of law and fundamental fairness applied to the states (Essex, 2012, p.1). Therefore, federal courts have the final say in interpreting the law in relation to the Bill of Rights and concurrent amendments.
Education and the Law - Based on the Tenth Amendment to the U.S. Constitution, powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively (Essex, 2012, p. 2). Education is not referred to in the constitution so it falls under the control of the states.
Local Control of Education - The state board of education may exercise broad or limited powers, based on legislative authorization. Public schools are generally placed under the control of the state board of education. The legislature is prohibited from delegating its powers to an administrative agency (Essex, 2012, p.4). It must be legislative in orientation so there is no conflict or compromise in the boards execution of duties. Local school boards are responsible for schools in their district. (Essex, 2012, p.5).
Courts and School Law - There are federal and state courts with the states comprised of district, circuit, trial, municipal, justice of the peace, probate, small claims, traffic, and appellate courts (Essex, 2012, p.9). There are courts for everything since we can’t seem to agree on how the law should be interpreted. They adjudicate cases by procedure, hearing the facts, ruling with justification, and offering disposition to the winner (Essex, 2012, p.10).
Supreme Court - The Supreme Court can only be overturned by an amendment to the constitution, which it can find as unconstitutional if the new amendment violates another existing section of the constitution. One thing that is amazing is the regimen the justices must keep to during their daily routines and the hierarchal order of responsibility during meetings (Essex, 2012, p.12). These justices put in grueling hours of contemplation examining past case decisions, determining case law based on the constitution, and utilizing a large network of judicial scribes to help with the research in supporting decisions they will make that affect the country on a whole. Their personal security and privacy are well-guarded just by the construction of the building. This video offers some insight as to the importance of this group of individuals who sit in judgment of our laws.
Sources of Law - All legal rights and freedoms in the United States of America come from the Constitution and the Bill of Rights. Court decisions have clarified those rights through the decades but essentially all lawful positions are based on these documents.
Bill of Rights and the Fourteenth Amendment - The Bill of Rights represents the primary source of individual rights and freedoms under the U.S. Constitution. The adoption in 1868 of the Fourteenth Amendment, guarantees due process of law and fundamental fairness applied to the states (Essex, 2012, p.1). Therefore, federal courts have the final say in interpreting the law in relation to the Bill of Rights and concurrent amendments.
Education and the Law - Based on the Tenth Amendment to the U.S. Constitution, powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively (Essex, 2012, p. 2). Education is not referred to in the constitution so it falls under the control of the states.
Local Control of Education - The state board of education may exercise broad or limited powers, based on legislative authorization. Public schools are generally placed under the control of the state board of education. The legislature is prohibited from delegating its powers to an administrative agency (Essex, 2012, p.4). It must be legislative in orientation so there is no conflict or compromise in the boards execution of duties. Local school boards are responsible for schools in their district. (Essex, 2012, p.5).
Courts and School Law - There are federal and state courts with the states comprised of district, circuit, trial, municipal, justice of the peace, probate, small claims, traffic, and appellate courts (Essex, 2012, p.9). There are courts for everything since we can’t seem to agree on how the law should be interpreted. They adjudicate cases by procedure, hearing the facts, ruling with justification, and offering disposition to the winner (Essex, 2012, p.10).
Supreme Court - The Supreme Court can only be overturned by an amendment to the constitution, which it can find as unconstitutional if the new amendment violates another existing section of the constitution. One thing that is amazing is the regimen the justices must keep to during their daily routines and the hierarchal order of responsibility during meetings (Essex, 2012, p.12). These justices put in grueling hours of contemplation examining past case decisions, determining case law based on the constitution, and utilizing a large network of judicial scribes to help with the research in supporting decisions they will make that affect the country on a whole. Their personal security and privacy are well-guarded just by the construction of the building. This video offers some insight as to the importance of this group of individuals who sit in judgment of our laws.
Related Scripture - "Let every person be subject to the governing authorities. For there is no authority except from God, and those that exist have been instituted by God. Therefore whoever resists the authorities resists what God has appointed, and those who resist will incur judgment. For rulers are not a terror to good conduct, but to bad. Would you have no fear of the one who is in authority? Then do what is good, and you will receive his approval, for he is God's servant for your good."
(Romans 13:1-4 ESV)
Scriptural Significance - The law, as supported by our elected and appointed officials, is to be applied to all of us for protection of our God-given rights. However, man is not all-seeing and all-knowing for he makes mistakes with the law. It is the responsibility of all men and women to support good laws and good leaders for their approval and God's.
Leadership Significance - As a faith-based leaders, our commitment to the law must be by example and exhibited support. The law is only words and a concept if it is not put into action. The law becomes alive when good people support and, if needed, improve it for the good of all. It is necessary to believe that faithful officials and leaders want to be shinning examples of humility and confidence in the works they do under the law. Faith-based leaders should consult the scriptures daily for guidance in what is good and righteous regarding the law and its application. As we all are equal in the eyes of the Lord, so should be the application of law be made upon us.
(Romans 13:1-4 ESV)
Scriptural Significance - The law, as supported by our elected and appointed officials, is to be applied to all of us for protection of our God-given rights. However, man is not all-seeing and all-knowing for he makes mistakes with the law. It is the responsibility of all men and women to support good laws and good leaders for their approval and God's.
Leadership Significance - As a faith-based leaders, our commitment to the law must be by example and exhibited support. The law is only words and a concept if it is not put into action. The law becomes alive when good people support and, if needed, improve it for the good of all. It is necessary to believe that faithful officials and leaders want to be shinning examples of humility and confidence in the works they do under the law. Faith-based leaders should consult the scriptures daily for guidance in what is good and righteous regarding the law and its application. As we all are equal in the eyes of the Lord, so should be the application of law be made upon us.