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Exam (elaborations)

Meyer v. Nebraska(questions with verified solutions)graded A+ 2023/2024

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Meyer v. NebraskaFacts - correct answer Iowa law preventing foreign language teaching in schools, and a school teacher (Meyer) keeps teaching German Question - correct answer Did the Nebraska statute violate the Fourteenth Amendment's Due Process Clause? (Substantive Due Process) Holding - correct answer The Court declared the Nebraska law unconstitutional, reasoning it violated the liberty protected by Due Process Clause of the Fourteenth Amendment. majority - correct answer Liberty, the Court explained, means more than freedom from bodily restraint. It also includes the right of a teacher to teach German to a student, and the right of parents to control the upbringing of their child as they see fit. While the state has a legitimate interest in encouraging the growth of a population that can engage in discussions of civic matters, the means it chose to pursue this objective was excessive. Who was decidedly on the "police powers" side? - correct answer Holes, a legal positivist, saw a presumption of constitutionality Dissent - Holmes & Sutherland - correct answer rational basis: all Americans share common tongue teachers may be forbidden from teaching certain subjects, so this is not violating his or the student's liberty Significance - correct answer Decision in Meyer v. Nebraska expand the definition of liberty protected by the Fourteenth Amendment and gave pluralism a constitutional foundation and paved the way for the Court's elaboration, two generations later, of a constitutional right to privacy. The decision expanded the freedom of all immigrant groups.

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Institution
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