Constitutional Law 622 Assignment 12 Haney 9020

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Constitutional law #622 Assignment 12 Haney 9020 Case Brief Citation: Brown v. Board of Education, 347 U.S 483 (1954) Court: The Supreme Court of the United States. Judicial History: The plaintiffs filed a petition in the lower courts seeking the courts' help to allow black minors to attend public school without being segregated from white students. The lower courts denied the plaintiffs' petition. The plaintiffs appealed to the Supreme Court to reverse the lower court's decision. Facts: Black minors sought the courts’ help to obtain admission to public schools in their neighborhoods. The lower courts denied their admissions to schools that were attended by white minors under the laws that required or allowed racial segregation. The lower courts denied the motion filed by the plaintiffs based on the separate but equal doctrine. The plaintiffs challenged the lower court ruling that segregation in public schools was not equal and deprived them of equal protection under the law. Issue(s): Were black minors deprived of equal public education? Did segregation based on race as law violate the 14 th Amendment of the Constitution? Holding: Yes, they were deprived of an equal public education to that of their white peers, and the law of segregation based on race was a violation of the 14 th Amendment. The judgments of the lower courts were reserved allowing black students to attend the public schools in their neighborhoods to achieve an equal education. The courts held that a child’s education is the most important function of the state government and should be made available on equal terms among all students no matter their race. The courts further held that the segregation of children based on race had disadvantageous effects on African American children in which the doctrine of separate but equal does not have a place. Reasoning: The court found that the language of the 14 th Amendment had intended to prohibit all discriminatory legislation against minorities. The courts reasoned that public education was one of the most valuable resources provided by the state governments and that education had a bearing on the success of each child who had the opportunity to attend public school. The courts further reasoned that segregation violated the 14 th Amendment as segregation denied African American children equal protection under the Amendment. Opinion: Unanimous decision with the opinion delivered by Chief Justice Warren Contending Opinion: Unanimous Dissenting Opinion: None

Constitutional law #622 Assignment 12 Haney 9020 Multiple Choice 1. A statute of the state of Oz requires all radio stations to set aside one hour of airtime per week to be made available without charge for the broadcasting of spiritually uplifting messages produced by recognized religious organizations. The statute further provides that airtime thereby made available shall be equally divided among Jewish, Roman Catholic, and Protestant organizations. A religious organization known as Zen Buddhist League produced a spiritually uplifting program but was advised by several radio stations that it could not be broadcast under the statute. The Zen Buddhist League has instituted a proceeding in federal court challenging the constitutional validity of the Oz statute. The best reason for finding the statute unconstitutional is that it violates: 1. the Free Exercise Clause, in that it treats religions unequally. 2. After examining studies indicating that drinking soda pop was directly related to the incidence of tooth decay, the legislature of the state of Tenacka enacted a law prohibiting the advertising of any soda pop in all media. This included radio, television, and any advertisement on the internet. Which of the following is the clearest reason for holding the law to be unconstitutional? D. There are less restrictive ways of protecting the public against tooth decay which would be equally effective. 3. The Impact a Change is a youth organization with members in all fifty states. Concentrating on what it calls "saving the outdoors," the organization attempts to teach its members to love all forms of life. According to the bylaws of the Impact a Change, membership is open to all white children between the ages of ten and eighteen years. Alfonzo, a twelve-year-old black child, applied for membership in the Impact a Change at the joint request of the Kalzonia state Attorney General and the United States Department of Justice. The Impact a Change rejected his application solely based on his race, advising him in writing that membership was open only to white children. A federal statute makes it a crime for an organization with members in more than one state to deny membership to any person based on that person's race. A statute of the state of Kalzonia makes it a crime to violate a right conferred on any person by the Fourteenth Amendment to the United States Constitution. Is the Impact a Change guilty of violating the Kalzonia state statute? C. Yes, because the policy of the Impact a Change resulted in a denial of Alfonzo's right to substantive due process.

Constitutional law #622 Assignment 12 Haney 9020 4. A state statute provides that any married persons who engage in certain "unnatural" sex acts as described by the statute are guilty of second-degree sodomy and that unmarried persons who engage in those acts are guilty of first-degree sodomy. Zoe and Mary Carlton, a married couple, were prosecuted for second-degree sodomy after engaging in prohibited acts with each other in a friend's home while at a party. In defense, they asserted that the statute was invalid under the United States Constitution. The most effective argument in support of the assertion that the statute was unconstitutional is that it violated Carlton's constitutional right to C. equal protection. 5. Sander was a student at Lawrence University, a public medical college. One weekend during the school semester, Sander was arrested by Lawrence City police for participating in a demonstration against the government's position on nuclear disarmament. When Sander was brought before a judge for arraignment, however, the court dismissed the charge with the consent of the public prosecutor. The following day, the dean of Lawrence University called Sander into her office. The dean referred to the arrest and said that because his conduct had embarrassed the school, Sander was expelled. Sander subsequently sued Lawrence University for damages resulting from his dismissal. The most effective argument in support of Sander's claim is that the dismissal violated Sander's right: C. to freedom of expression. 6. A state law sets the mandatory retirement age for police officers at 55 years for males, 52 years for females, and 60 years old for any desk job or dispatch position of either gender. Assume for this question only that Annie, a sixty-two-year-old female dispatcher, challenges the law, asserting that it violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Annie's claim will most likely C. not succeed, unless the classification is found to be based on benign sex discrimination. 7. After three children residing in the City of Corinth were bitten by poisonous snakes, the City Council passed an ordinance that prohibited keeping poisonous snakes within city limits. Snake Haven, a reptile preserve, was located in the city of Corinth. Before the passage of the ordinance. Snake Haven engaged in the business of breeding poisonous snakes, which it sold throughout the world. In addition, Snake Haven conducted tours of its facility, charging an admission fee to persons who entered for that purpose. Following the passage of the ordinance, Snake Haven instituted a claim against the City of Corinth in a state court, asserting that it was entitled to just compensation under the Fifth Amendment to the United States Constitution. Will Snake Haven win?

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