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US Federal Constitution QUESTION #5829
Question 1
A state statute requires all children between ages 6 and 16 to attend public schools. A group of parents who wish to send their children to private parochial schools challenges the law. What is the result?
  • The law is constitutional because the state has a compelling interest in a uniform education.
  • The law is unconstitutional because it violates the parents' fundamental right to direct the upbringing of their children.✔️
  • The law is constitutional provided the state provides transportation to the private schools.
  • The law is unconstitutional because it violates the Establishment Clause.
Correct Answer Explanation
Under Pierce v. Society of Sisters, the Supreme Court held that the 'liberty' protected by the Due Process Clause includes the fundamental right of parents to choose the type of education (public vs. private) their children receive.