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Chapter 7 Lecture Notes Part 1

Chapter 7 Lecture Notes Part 1 - Chapter 7 1 Chapter 7 U.S...

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Chapter 7 Chapter 7: U.S. v. Virginia Military Institute Part 1 Lecture Notes Lesson How Behavioral & Social Facts Can Aid in the Resolution of Factual Disputes Relating to the Constitutionality of a Law Example : Denying Female Applicants Entry into State Supported all Male School Case : U.S. v. Virginia Military Institute (VMI) Court : United States Supreme Court Last chapter addressed behavioral and social knowledge aiding in the resolution of a factual dispute This chapter addresses the special situation where the factual dispute helps the court decide on the constitutionality of a law The Constitutional Issue Does VA's exclusion of women from VMI deny the equal protection of the laws to women who are capable of studying at VMI? 14th Amendment: No state shall make or enforce any law which shall … deny to any person within its jurisdiction the equal protection of the laws The Facts in U.S. v. VMI VMI, an all male school, is the only single-sex school among Virginia's 15 public colleges and universities VMI's mission is to produce "citizen-soldiers", who are prepared for leadership in civilian and/or military life So what is a citizen-soldier? It is not clear from the facts What we do know is that VMI’s alumni are military generals, members of Congress and business executives But only about 15% of VMI’s graduates enter career military service VMI’s alumni are overwhelmingly positive about their training and its impact on their lives And VMI's endowment reflects the loyalty of its graduates 1
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Chapter 7 VMI has the largest per-student endowment of all public, undergraduate institutions in the Nation VMI pursues its mission (producing citizen-soldiers) through the adversative method This method makes the cadet aware of his limits and capabilities, so that he knows: How far he can go with his anger How much he can take under stress, and What he can do when he is physically exhausted Trial Court Ruled in favor of VMI Court reasoned: 1. Education in a single gender environment, be it male or female, yields substantial benefits 2. VMI brought diversity to an otherwise coeducational Virginia system 3. Diversity was enhanced by VMI's unique adversative method of instruction 4. Women are unsuitable for the adversative method of education 5. Women would fundamentally change VMI Adversative environment could not survive unmodified Allowance for personal privacy would have to be made Physical education requirements would have to be altered for the women Court of Appeals Disagreed with the trial court. Appeals court concluded that: 1. A policy of diversity, which aims to provide an array of educational opportunities including single-gender institutions, must do more than favor one gender 2. VMI was the only single-sex education college in VA 3. The 1990 Report of the Virginia Commission on the University of the 21st Century stated that it is extremely important that VA colleges deal 2
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Chapter 7 Lecture Notes Part 1 - Chapter 7 1 Chapter 7 U.S...

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