Law Commons^™

Preventing A Permanent Underclass: Why In-State Tuition For Daca Students Just Makes Sense, Christian Bowcutt, Eliza Allen

Brigham Young University Prelaw Review

In the landmark 1982 Supreme Court Case "Plyler v. Doe", the right to a free education was guaranteed to undocumented students. One of the reasons for this was to "prevent a permanent underclass". Today, we have a similar opportunity to lift our fellow peers by passing legislation to guarantee in-state tuition to DACA recipients. DACA (Deferred Action for Childhood Arrivals) is a program that grants temporary citizenship to qualifying children and youth who are brought to the United States with their parent(s) or guardian(s). Currently, the majority of states have not guaranteed this right to DACA students. With tuition rates …

The Census, Citizenship, And Improved Legislation: A Constitutional Compromise, Kaitlyn A. Marquis

Brigham Young University Prelaw Review

Why should the census avoid asking a question concerning citizenship?

Are there alternatives in providing information to aid government

functions while still protecting the rights of residents? In

early 2019, the Trump administration requested that the 2020 census

include an inquiry concerning the citizenship status of residents, for

claimed reasons of better legislation (i.e. the allocation of government

funds to the states and the drawing of electoral districts). The

Supreme Court considered this issue in Dept. of Commerce v. New

York. In sum, their opinion was, “not yet.” The Supreme Court did

not definitively conclude that it was unconstitutional to …

Lemon V. Kurtzman (Lemon I), 1971, Nathan Dorius

Brigham Young University Prelaw Review

Since the authors of the Constitution first gathered to create the supreme law of the land, the relationship between church and state has often been at the forefront of debate. The contention has been over interpretation of the First Amendment's Religion Clause: "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof;... " This portion of the First Amendment has been divided by the courts into two separate "clauses", one being the Establishment Clause and the other being the Free Exercise Clause. In 1947 the United States Supreme Court (hereafter referred to as "the …

The Rising Wall: Everson V. Board O(Education, Rose Lindsay

Brigham Young University Prelaw Review

The interlocking of church and state has been one of the most prolific sources of human strife. The American founding fathers recognized the precarious nature of the relationship between church and state. They accepted the basic premise, enunciated by James Madison in his Memorial and Remonstrance Against Religious Assessments, "religion is not within the cognizance of Civil Government"(Cord 1982, 247). To prevent the treacherous combination of religious power with federal power, the founding fathers added the First Amendment to the United States Constitution in 1791. Breaking sharply with the past's tradition of melding church and state, they declared. "Congress shall …

Original Intent V. Revisionism: The Great Constitutional Debate, Eric Barnes

Brigham Young University Prelaw Review

The due process clause is one of the many battlegrounds upon which two diametrically opposed camps of judicial decision makers fight out their rulings-rulings which effect the mass of citizenry and the balance of power in America's constitutional system. These opposing camps are the originalists and revisionists.

Era And The Bill Of Rights, Teresa Haddock

Brigham Young University Prelaw Review

The Equal Rights Amendment (ERA) proposed by Congress on 22 March 1972 would have become valid if ratified by three-fourths of the states within a seven year period from the date of submission. Thirty-five of the required thirty-eight states ratified the amendment. Before the time expired, Idaho, Nebraska, Tennessee, Kentucky, and South Dakota had all attempted to rescind their ratifications, but were denied the option to change their vote. Also, in October of 1978, Congress decided to extend the seven-year period until 30 June 1982. Four members of the Idaho legislature brought suit in Idaho vs. Freeman. The plaintiffs argument …

Limits Of First Amendment Rights, Troy Salisbury

Brigham Young University Prelaw Review

Under the First Amendment of the Constitution such rights as the freedom of speech and assembly and other basic rights are set forth. People often feel that unpopular groups such as flag-burners or skinheads should have their First Amendment rights limited. Often individuals find it hard to tolerate the radical opinions of these groups. Nevertheless, their rights can only be restricted if, in the course of their actions, they directly infringe upon the rights of others. This point can be better illustrated by discussing a hypothetical situation in which a group's rights would have to be limited.