A dissenting opinion is written when a justice disagrees with
the majority opinion (which carries the force of law). If a justice
is writing a dissenting opinion, that means he or she voted with
the minority group, and wants to explain the reason why he or she
disagrees with the official Opinion of the Court.
Dissenting opinions may be cited, but are not enforceable.
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Are all regulations of boards of education subject to the US Constitution
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Most regulations adopted by boards of education would not be subjected to any kind of constitutional review; the US constitution allows lower levels of government to function in most situations with no federal supervision. However, any regulation mightin some way infringe upon a constitutional guarantee. The issue of freedom of religion would be the most likely to come up. If a school board requires all its students to pray to Jesus every day, that would seem to violate the principle of freedom of religion, since not every student is a Christian and not every student would therefore find such prayer to be consistent with their own religious beliefs and practices. But if a school board requires students to show up at 9:00, or to wear ties, or not to bring knives to school, and so forth, there is no reason why that would become a constitutional issue.
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In the dissent what do justices often point out making their arguments
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Flaws in the majority opinion
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Cards in this guide (3)
When will a justice write a dissenting opinion
A dissenting opinion is written when a justice disagrees with
the majority opinion (which carries the force of law). If a justice
is writing a dissenting opinion, that means he or she voted with
the minority group, and wants to explain the reason why he or she
disagrees with the official Opinion of the Court.
Dissenting opinions may be cited, but are not enforceable.
Are all regulations of boards of education subject to the US Constitution
Most regulations adopted by boards of education would not be subjected to any kind of constitutional review; the US constitution allows lower levels of government to function in most situations with no federal supervision. However, any regulation mightin some way infringe upon a constitutional guarantee. The issue of freedom of religion would be the most likely to come up. If a school board requires all its students to pray to Jesus every day, that would seem to violate the principle of freedom of religion, since not every student is a Christian and not every student would therefore find such prayer to be consistent with their own religious beliefs and practices. But if a school board requires students to show up at 9:00, or to wear ties, or not to bring knives to school, and so forth, there is no reason why that would become a constitutional issue.
In the dissent what do justices often point out making their arguments