Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: ClintonBeGone
The distinction is clear and irrelevant to this discussion. Keep in mind all kinds of clever schemes have been tried to circumvent the constitution. There is what's called discrimination on its face and discrimination as applied.

You use just enough tidbits to make one think you are a lawyer. Perhaps you are. I hope not.

If there is one thing about which we are not discussing, its discrimination -- per se or otherwise. Discrimination -- as the term is properly applied in a legal context --plays no role in this discussion at all. Now -- if states were only requiring proof of lawful residency from certain groups with immutable characteristics, then we would be discussing discrimination.

Mine is not a "scheme" to "circumvent" the Constitution. Frankly, the Constitution has already been circumvented by the weak and shameful reasoning of Plyler v. Dough. I don't dispute what the law is, I just agree with the writer that Plyler is ripe to be overturned, and is based on faulty principles. I also agree that the only way to address the problem is through the Court itself.

63 posted on 09/23/2004 11:54:13 AM PDT by Iron Eagle
[ Post Reply | Private Reply | To 62 | View Replies ]


To: Iron Eagle
If there is one thing about which we are not discussing, its discrimination -- per se or otherwise. Discrimination -- as the term is properly applied in a legal context --plays no role in this discussion at all. Now -- if states were only requiring proof of lawful residency from certain groups with immutable characteristics, then we would be discussing discrimination.

I'm happy you do know that discrimination is being used as a term of art. However, for this hypo, the fact that the state is requiring proof of lawful residency in this country IS in fact the discrimation. Immigration status enjoys a higher level of judicial scrutiny given its mention in the constitution. To those that feel immigration should be addressed by the states should direct their words and their efforts at congress, and ask they give them that power, rather than hope in vain that the court is going to overturn Plyler v. Doe.

64 posted on 09/23/2004 11:59:34 AM PDT by ClintonBeGone (Take the first step in the war on terror - defeat John Kerry)
[ Post Reply | Private Reply | To 63 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson