Case Analysis Brian Short v. State of Florida
Main Issue- Is the law given by Florida against short people marrying unconstitutional?
Relevant Legal Concept from textbook
Section 1 – Fourteenth Amendment – no state shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States… (pp.671)
The 14th amendment protects the citizens from being denied to equal rights due to discrimination. The state is also violating the discrimination act or equal opportunity act.
Rational – Since the state of Florida made a law that discriminated against short people. The state has not followed the rules and can be sued. The state did not follow the rules of the 14th amendment.
Ruling- A hearing is necessary since the couple has the right just like any other citizen to get married without being discriminated against.
Michael v. University
Main issue - Student claims that university actions were unconstitutional. Did the university violate the student’s due process rights when suspending the student without a hearing?
Relevant legal concepts from text- Procedural Due Process - 14th Amendment – Section 1. “...nor shall any state deprive any person of life, liberty, or property, without due process of law; ...” (pp. 28 & 671).
Rational- The student is right. The state did not follow the Due Process law because they did not give him a notice saying why he would be suspended and gave him no hearing to defend himself. They did not give the student a chance to explain himself and tell his side of story. They also did not have proper evidence to support the allegation. A teacher’s word is not enough. How do we know the teacher was not making things up? The student has the right to attend the university and make them document the misconduct. The student also has the right to refuse an allegation and ask