The Cell Phone Education Regulation Act

872 Words4 Pages
The United States Constitution charged Congress with the authority to create agencies to determine legislative laws that are enforceable across the country. The Cell Phone Education Regulation Act created by Congress has the authority to develop laws regarding cell phone use in primary schools. As legislative powers cannot be transferred or delegated, was Congress proper in authorizing the Cellular Educational Service the power to enforce certain regulations through criminal penalties to primary school students or was this a violation of improper delegation of powers? By targeting female students more than male students, was the Cellular Education Service in violation of 20 U.S.C.A §1681 which provides that there shall be no discrimination based on sex in any educational facility? Does the school officials’ decision to keep the cell phones which are confiscated during the random searches, violate the 5th Amendment of the Constitution which guarantees that before any power or authority can take a person’s life, liberty or property, there must be constitutional safeguards set in place? Aren’t the students and their parents afforded due process under the 5th and 14th Amendments of the Constitution which provides the right to receive with ample notice and reason why the Cellular Educational Services enacted the rules and regulations that it did? In the case of New Jersey v. T.L.O., the Supreme Court ruled that students are protected by the 4th Amendment to the U.S.
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