Using the Internet, legal research services such as Westlaw and LexisNexis (available on UGA Library link), or other sources of law, please find the following and answer any accompanying questions. When possible, locate the primary sources and do not rely on commentary and secondary sources of law:
U.S. Constitution: Find the U.S. Constitution. According to Article V, what is required to amend the Constitution?
Article V of the Constitution provides two processes by which amendments can be proposed and approved:
1.Congress proposes amendments. Both houses of Congress approve by two-thirds votes a resolution calling for the amendment. The resolution does not require the president's signature. To become effective, the proposed amendment must then be "ratified" or approved by the legislatures of three-fourths of the states. Congress typically places a time limit of seven years for ratification by the states.
2.The states propose amendments. The legislatures of two-thirds of the states vote to call for a convention at which constitutional amendments can be proposed. Amendments proposed by the convention would again require ratification by the legislatures of three-fourths of the states.
Federal Statute: Find the Federal Equal Access Act, 20 U.S.C. § 4071: The principal of your school has assigned you to supervise a Neo-Nazi student club. This is contrary to your beliefs, and you strongly object. The principal states that according to 20 U.S.C.§ 4071(d)(4) you must supervise this group regardless of your beliefs. Is the principal correct? Why or why not?
According to 20 U.S.C.§ 4071(d)(4) the principal cannot compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee.
Federal Regulation: In writing a memo concerning 34 C.F.R § 104 and eligibility under § 504 of the Rehabilitation Act, you used the term “handicapped.” One of your colleagues objected that this term is no longer used in the statute. Check 34 C.F.R § 104.3(j). Is this objection correct?
No. 34 C.F.R § 104.3(j) says: (j) Handicapped person -- (1) Handicapped persons means any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment.