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Plyler v. Doe
Transcript of Plyler v. Doe
Questions the court considered
Amendments and Clauses
Clash of value
Majority and dissenting opinion
Work Cited Facts-
Recent years there has been an increase in the population of the state and the schools.
In 1975, the state of Texas revised their education policy.
Plyler- school board and superintended of Texas (Respondent)
"Doe"- A Term used when the people are unidentified. Doe represents the undocumented children parents' case.(Plaintiff) Issue;
Are illegal immigrants are protected under the fourteenth amendment? Does this protection allow these children to attend public school? Step 1: Amendments and Clauses PLyler v. Doe Questions ? Work Cited: Agenda In September 1977- Texas district court: Respondent- Plyler, Plaintiff- Doe. The final decision ruled in favor of Doe. Step 2: In 1981- Plyler appealed the decision to the Fifth Circuit of Appeals. Respondents- Doe, Plaintiff- Plyler. The final decision held in favor of Doe Step 3: December 1, in 1981- Plyler appealed the decision to the Fifth Circuit of Appeal to the Supreme Court. Respondents- Doe, Plaintiff- Plyler. The Court held in favor of Doe. Fourteenth Amendment- states that "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" Equal Protection Clause- "The U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the law" Precedents cases Shaughnessy v. Mezei (1953): Essential Question Clash of Values Morals The Law Its against the law to enter the country illegally. However according to the fourteenth amendment, they have the same protection as a citizen Morally it is wrong to keep a child away from a public education at such a young age. Majority and Dissenting Opinion Majority- Dissenting- Justice Votes What are my rights and responsibilities? 5 To 4 Justice Brennan
JUstice Stevens Justice Burger
Justice O'Connor "Appellants argue at the outset that undocumented aliens, because of their immigration status, are not
'persons within the jurisdiction' of the State of Texas, and that they therefore have no right to the equal protection of Texas law. We reject this argument" ("Majority Opinion") Weber v. Aetna Casualty (1972): Jefferson v. Hackney (1972): San Antonio School District v. Rodriguez (1973): "14th Amendment | U.S. Constitution | LII / Legal Information Institute." LII | LII / Legal Information Institute. N.p., n.d. Web. 11 Dec. 2012. <http://www.law.cornell.edu/constitution/amendmentxiv>.
"FindLaw | Cases and Codes." FindLaw: Cases and Codes. N.p., n.d. Web. 11 Dec. 2012. <http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=US&vol=345&page=206>.
Grossman, Joanna L.. "Plyler v. Doe - 457 U.S. 202 (1982) :: Justia US Supreme Court Center." US Law, Case Law, Codes, Statutes & Regulations :: Justia US Supreme Court Center. N.p., n.d. Web. 11 Dec. 2012. <http://supreme.justia.com/cases/federal/us/457/202/case.html>.
"PLYLER v. DOE." Philosophy Faculty . N.p., n.d. Web. 10 Dec. 2012. <philosophyfaculty.ucsd.edu/faculty/rickless/Rickless/Courses_files/Lecture27-2007-Plyler.pdf>.
"Plyler v. Doe | The Oyez Project at IIT Chicago-Kent College of Law." The Oyez Project at IIT Chicago-Kent College of Law | A Multimedia Archive of the Supreme Court of the United States. N.p., n.d. Web. 11 Dec. 2012. <http://www.oyez.org/cases/1980-1989/1981/1981_80_1538>.
"Plyler v. Doe:The Precedents." Maxwell. N.p., n.d. Web. 10 Dec. 2012. <www2.maxwell.syr.edu/plegal/scales/plylerprec.html>. An Alien is still a "person" and is within the jurisdictional of the United State therefore protect under the 14 Amendment. A children should not be punished for their parnets decisions. The protection is not there but not identical to the protection Citizens have. Public education is not a Constitutional given right. " I would agree without hesitation that it is senseless for an enlightened society to deprive any children - including illegal aliens - of an elementary education...However, the Constitution does not constitute us as "Platonic Guardians" nor does it vest in this Court the authority to strike down laws because they do not meet our standards "