Respuesta :
My name is Jacob and I will be doing both Case A and B.
The Judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;– between a State and Citizens of another State,–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Explanation:
This final portion of section 2 tells us that in the trial of all crimes, except impeachment, the accused has a right to a trial by jury. These trials are held in the state where the crime is committed.
Impeachment is the process described in the Constitution by which high officers of the U.S. government may be accused, tried, and removed from office for misconduct; the House of Representatives is responsible for the inquiry and formal accusation, and the Senate is responsible for the trial.
Case B
What is this case about?
It is about how two middle schoolers believe that consuming animal products like meat or milk is bad for both your health and the environment. They start by campaign for kids to start bringing home lunch instead of buying school lunch. As their cause grows school officials suspend the 2 students who started the camagian causing their parents to complain they believe that their kids should have the ability to express themselves however the school thinks that its disturbing cafeteria workers workload and the food they are making. The parents went to court. The parents lost the case in state district court and so appealed it to their state court of appeals. They won however the school board appealed the decision to their state-level supreme court. The school board won . So, now the parents want to bring this matter to the supreme court.
How is this case similar to the Tinker v. Des Moines case?
In the Tinker v. Des Moines case in december 1965 a group of 16 year old students met a the house of Christopher Eckhardt to plan; to wear black armbands through the holiday season to show the support on how there should be a truce in the vietnam war they also chose to fast on bothe christmas day and new years eve.After discovering this plan the principal of the school on Dec 14th came up with a policy that if they wore the arm- band there would be a immediate suspension. On, dec 14th the pair Mary Beth Tinker and Christopher Eckhardt wore there armband to school to school they got suspended, the next day the same thing happened again through the parents the pair sued the school district for “violating the students' right of expression” and they sought a change the discipline of the students. The district court dismissed the case The U.S. Court of Appeals for the Eighth Circuit declared the choice without an opinion. They went to the supreme court for the case and the students won 7-2. This case is similar because both sets of students believe they are losing their right to express themselves and their beliefs.
Which type of expression listed in the First Amendment relates to this case?
Public school students under the first amendment can speak, write essays, they can petition school officials and form groups to their cause. The first amendment also once said “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Step 2: Make your Decision
Why did the school believe they had the right to suspend the students who began the campaign?
Because they thought that because their employees (the cafeteria workers) were having a different work-load and food was getting thrown out and wasted because no one was buying it.
Why did the students believe they had the right to wear the t-shirts?
Because the first amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Should the students be allowed to wear the t-shirts? Why or why not? Give three reasons to support your decision. At least one of your reasons should be based on what you learned about the Tinker v. Des Moines case.
Reason #1: I think the students should be allowed to wear the t-shirts because it violates the first amendment where it says Congress makes no law against “abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Reason #2: I think the students should be allowed to wear the t-shirts because they are not harming anyone in any way shape or form; they are just expressing their beliefs in a peaceful and safe manner.
Reason #3: I think the students should be allowed to wear the t-shirts because in the Tinker v. Des Moines case the students continued to wear their armband because they genuinely believed what they were doing was the right thing and what if more students joined their cause would they suspend more of them; what if it gets to the point where all of the kids believe in there case would they suspend the whole school?
Is there any time when students should not be allowed to wear something to school? Be sure to use what you know about the First Amendment to support your answer.
I think that the only time kids shouldn't be allowed to wear something to school is when it's dangerous or extremely distracting because it says nothing in the first amendment that you are allowed to wear something dangerous that could potentially hurt people or something extremely distracting that could bring students away from learning.
