Constitutional Law
Chapter 11 -
Part 4
Putting It Into Practice
1. Review the Mendes facts in Living with the Constitution at the beginning of the chapter. Assume that your law firm represents Jaime Mendes. Write a letter to the school appealing Jaime’s suspension.
Student answers will vary, however, most letters should include an appeal to the school board based on Jaime Mendes’s First Amendment right to freedom of expression and possibly note that he has not engaged in any illegal criminal activity.
2. In the event that a letter does not achieve a desired result, a lawsuit may need to be filed. This type of lawsuit is often based on the United States Code, title 42, section 1983 (42 U.S.C. § 1983). Locate and read a copy of this code section. Write a paragraph explaining if this code section applies to the Mendes case.
Student answers will vary, however, in general, students should note that the code applies to “any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” If Mendes believes his First Amendment rights have been violated, then the code will apply to his case.