The governor of Alabama, who publicly announced his opposition to the integration of the public schools in Alabama, ordered the Alabama National Guard to stop all black students from entering any public school. The ACLU and the NAACP want to take action with the Court which would enjoin the National Guard from obeying the order of the Governor. Through what Court process can the actions of the governor be declared void and what Principle would the Court use to do so?
2006-09-04 11:15:41 · 4 answers · asked by AmsterF 3 in Politics & Government ➔ Law & Ethics
Sounds like a conflict between the 10th Amendment states rights issue, the Article I Section 8 intersection dealing with the National Guard, a 13th Amendment "badges and incidents of slavery" issue, and a 14th Amendment Equal protection violation.
The court (let's assume federal) would be employing the Article III cases and controversies clause, claiming jurisdiction under a federal constitutional question, and employing the Article VI Supremacy clause to hold that 13th/14th Amendment protections preempt state laws, being enumerated and thus not implicating the 10th.
But that's just my analysis. If you want, you can read the actual cases where that happened.
2006-09-04 11:17:53 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
The incident you cite happened long before the ACLU or the NAACP were founded. Open a history book.
2006-09-04 12:07:46 · answer #2 · answered by STEVEN F 7 · 1⤊ 0⤋
i'm a biracial kiddo :) on my Standardized college try i'm Afrivan American whilst info to the wellness care professional i'm mixed raced. on condition that mixed isn't an actuall race many times your fathers race is the race you get during faculty and another significant issues.
2016-12-18 04:53:38 · answer #3 · answered by ? 4 · 0⤊ 0⤋
do your own homework. this is history and you can do the research.
2006-09-04 11:22:15 · answer #4 · answered by justnotright 4 · 2⤊ 0⤋