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Read scenarios and answer questions.

1. Several employees, all Republican, employed by the Cook County Sheriffs Department in Illinois filed suit claiming that they were unconstitutionally removed from their jobs by the incoming Democratic sheriff.  In Cook County, it long had been the practice for an incoming sheriff of a different political party to replace employees with members of his own party if the holdover employees lacked or failed to obtain requisite support from the incoming party or to affiliate with it.  Accordingly, the Republican employees were dismissed solely because they neither supported nor were members of the Democratic Party and had failed to obtain the sponsorship of one of its leaders.  None of the dismissed employees held policy making positions.  Have their constitutional rights been violated?  Explain your answer in detail citing case law where applicable. 

2. A high school teacher in Illinois was dismissed by his board of education for writing a letter to a local newspaper criticizing the board for allocating a disproportionate amount of school funds for athletic activities.  He claimed the board was spending $50,000 annually for the transportation of athletes.  His figures were wrong.  The school system was actually spending $10,000 a year.  The high school teacher’s letter was sent following several efforts by the board to raise funds by bond issues which had been defeated by the voters.

Note that there was never a question regarding the teacher’s competency.  The teacher in this situation claimed that his constitution rights were violated.  Was he correct?  Explain your answer.

 

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