U.S. Constitution and Education

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  • The two are bounded by the educational system being a part of the government and the U.S. Constitution being the basic law of the land. However, education is not referenced in the U.S. Constitution; thus, the Tenth Amendment, known for its reserved powers clause, makes education a function of the state. The most recurrent educational law cases that come before the courts for interpretation focus on the protection of individual rights and are most commonly related to the First, Fourth, Eighth, and Fourteenth amendments. School cases based on the First Amendment generally involve the two religion clauses, the establishment of religion and the free exercise of religion. The right to freedom of speech, both pure and symbolic, has received increased court attention. Fourth Amendment cases ...

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