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**Creating the Ultimate Magnet School.
Plyler v. Doe: The Root of All Evil. **
By N. Beaujon
If there was ever a single event that has contributed to the explosion of illegal immigration in our country it was the 1982 Supreme court decision that made it mandatory for every state in the union to educate every single child of criminally illegal immigrants no matter the cost, conditions of their entry, justification or the resources necessary to accomplish this indignation by judicial fiat.
In September 1977 a class action suit was filed on behalf of school-aged children of illegal Mexican immigrants who were residing in Smith County, Texas. See Plyler v. Doe, 457 U.S. 202, 206 (1982) The action complained of the “exclusion” of the plaintiff children from the public schools of the Tyler Independent School District. 457 U.S. at 206.
Here’s the upshot: The reason that these children were “excluded” is because they were in this country illegally. It was a no-brainer. The supposedly sovereign State of Texas was no longer going to foot the bill for these ultimate “magnet" school; free public education for illegal aliens. So the Texas legislature, on behalf of the People of the state of Texas, passed a law saying just that. And the Supreme court reversed.
**Reversing Texas: Hasta La Vista, Rationale **
The Court, finding it impossible to be constrained by the rigors of common sense, fiscal necessity or Constitutional integrity overturned the Texas statute and turned the 14th Amendment on its head. In this case the Justices, as it their habit, again took the Equal protection clause out of context and and wrote in affirmation of the plaintiffs:
“The Fourteenth Amendment provides that [n]o State shall . . .
deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.”
Unfortunately, that isn’t what the Fourteenth Amendment says.
What it does say and mean, in full, is:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The major flaw in the courts reasoning, of course, is that illegal aliens are not, by definition, citizens of the United States. No matter how you parse it, the equal protection clause just does not apply to people who are in this county illegally. They aren’t Americans.
The second “issue” is that the court tried to fashion some sort of fundamental right or “property interest” in a public school education, even though this defied all legal precedent. See San Antonio Independent School Dist. v. Rodriguez, 411 U.S. 1, 35 (1973). (“Public education is not a ‘right’ granted to individuals by the Constitution.") The Supreme Court has never deemed an education to be a fundamental right for our own citizens. None-the-less, the court reasoned that:
“The 'American people have always regarded education and [the] acquisition of knowledge as matters of supreme importance." 411 U.S. 1, 35 (1973)… Therefore [education] is not “merely some governmental ‘benefit’ indistinguishable from other forms of social welfare legislation.” Plyler, 457 U.S. at 222.
Okay, we get it. By polling American Neilson families the Court proved it was “important” so the Justices determined that it was a fundamental right bestowed by our Constitution. I’m certain the founding fathers were really up on the free education for illegal’s thing. (The remainder of this article can be read at nbeaujon.com/plyler.htm )
Plyler v. Doe: The Root of All Evil. **
By N. Beaujon
If there was ever a single event that has contributed to the explosion of illegal immigration in our country it was the 1982 Supreme court decision that made it mandatory for every state in the union to educate every single child of criminally illegal immigrants no matter the cost, conditions of their entry, justification or the resources necessary to accomplish this indignation by judicial fiat.
In September 1977 a class action suit was filed on behalf of school-aged children of illegal Mexican immigrants who were residing in Smith County, Texas. See Plyler v. Doe, 457 U.S. 202, 206 (1982) The action complained of the “exclusion” of the plaintiff children from the public schools of the Tyler Independent School District. 457 U.S. at 206.
Here’s the upshot: The reason that these children were “excluded” is because they were in this country illegally. It was a no-brainer. The supposedly sovereign State of Texas was no longer going to foot the bill for these ultimate “magnet" school; free public education for illegal aliens. So the Texas legislature, on behalf of the People of the state of Texas, passed a law saying just that. And the Supreme court reversed.
**Reversing Texas: Hasta La Vista, Rationale **
The Court, finding it impossible to be constrained by the rigors of common sense, fiscal necessity or Constitutional integrity overturned the Texas statute and turned the 14th Amendment on its head. In this case the Justices, as it their habit, again took the Equal protection clause out of context and and wrote in affirmation of the plaintiffs:
“The Fourteenth Amendment provides that [n]o State shall . . .
deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.”
Unfortunately, that isn’t what the Fourteenth Amendment says.
What it does say and mean, in full, is:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The major flaw in the courts reasoning, of course, is that illegal aliens are not, by definition, citizens of the United States. No matter how you parse it, the equal protection clause just does not apply to people who are in this county illegally. They aren’t Americans.
The second “issue” is that the court tried to fashion some sort of fundamental right or “property interest” in a public school education, even though this defied all legal precedent. See San Antonio Independent School Dist. v. Rodriguez, 411 U.S. 1, 35 (1973). (“Public education is not a ‘right’ granted to individuals by the Constitution.") The Supreme Court has never deemed an education to be a fundamental right for our own citizens. None-the-less, the court reasoned that:
“The 'American people have always regarded education and [the] acquisition of knowledge as matters of supreme importance." 411 U.S. 1, 35 (1973)… Therefore [education] is not “merely some governmental ‘benefit’ indistinguishable from other forms of social welfare legislation.” Plyler, 457 U.S. at 222.
Okay, we get it. By polling American Neilson families the Court proved it was “important” so the Justices determined that it was a fundamental right bestowed by our Constitution. I’m certain the founding fathers were really up on the free education for illegal’s thing. (The remainder of this article can be read at nbeaujon.com/plyler.htm )