Assignment
Major Points Final Paper
1) Statement of Facts
2) Is Cellular Education Services lawful ?
3) Is Congress correct in delegating the agency the power to enforce these regulations?
4) Is search of students Constitutional?
5) Is targeting females Constitutional?
6) Due Process Issue with more than one offense
7) Hearings held without the student present- no fair notice given-due process violation
8) 3rd Offense students are expelled from school 8th Amendment Violation
9) Permanently keeping cell phones
10) Conclusion
Major Constitutional Issues
1) Many parts of the Act are in violation of the Constitution; means Congress did not have the right to delegate the agency the power to enforce it.
2) Discrimination based on Sex
3) Due Process 5th & 14 Amendment
4) 8th Amendment- right against excessive fines & right against cruel and unusual punishments
5) Keeping of cell phones 5th & 14th Amendment issue
Any Assumptions When Making Analysis
I am not anticipating making any assumptions while making my analysis.
Major Sources
1) Westlaw case 20 U.S.C.A. §1681
2) US Constitution Amendment 5 & 14
3) US Constitution 8th Amendment
The first part of the regulations allows for student searches every day along with random searches; this is actually constitutional. The 4th amendment states there must be probable cause for any search. Creating this act because it is a known fact many students have cell phones, use them in school so there is probable cause.