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Pierce v. Society of Sisters - Research Paper Example

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Summary
It was In November, 1922, state of Oregon approved the Compulsory Education Act that required that all children from eight to the age of sixteen attend 'a public schooling for the time a public school will be held throughout the present year' in the district of residence of the child; failure to which was declared as a misdemeanor. …
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Pierce v. Society of Sisters
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Pierce v. Society of Sisters

Download file to see previous pages... Is it poible for the state to demand that all children attent public school? In an undisputed decision, Supreme Court ruled on June 1, 1925 in contradiction of the State and in favor of parents in this case. According to the Court, this law violated Due Process Clause of Fourteenth Amendment: ...the Act of 1922 irrationally affects the freedom of parents and guardians to direct the education of children and upbringing of their children under their control. As frequently heretofore pointed out, the rights guaranteed by Constitution might not be curtailed by legislation that has no sensible relation to some purpose within the capability of a state. Fundamental theory of liberty that all governments recognized by this union, repose rejects any overall power of state to regulate its children by compelling them to admit instruction from only public teachers.
Surpeme Court did this, though, it specified that a State has authority to require children to join some school and power to control schools to see to it that they are doing a good job at their education. Following this way, it confirmed the interest government has in mingling the young to citizenship, but repudiates nevertheless that the State has a domination in this project.
These poored cold water on some statesas they were worried about the impact of the “foreign” and immigrant’s values well-thought-out public schools as a source of help; therefore these states enlisted laws intentionally to use these schools in order to promote common American culture. And on November 7 in 1922, Oregon electorates passed an ingenuity that rewritten Oregon Law Section 5259, which was the Compulsory Education Act. This ingenuity was mainly eliminate parochial schools. Accordingly, it led to a severe loss of revenue for private schools like the Non-sectarian and the Hill military academia! In conjunction, parents began withdrawing their children away from these schools in the untruthful believe that these will soon end. These laws were mainly aimed at eradicating Catholics schools. The Compulsory Education Act, preceding amendments, had demanded that all Oregon children between the age of eight to sixteen years to attend the public school. This was with exceptions. 1. Those mentally retarded/ physically unable to attend school 2. Those who had just graduated from their eighth grade 3. Those living more than a quantified distance by road from a nearby school 4. Those children thare are undergoing home-schooling or those that are tutored 5. Those that are attending a state ...Download file to see next pagesRead More
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