Posted on 04/11/2005 5:25:04 PM PDT by fight_truth_decay
Well since you just signed on to FR today, I won't dignify your post with an answer.
But you are either the dumbest person on the planet or the most naive if you believe one word you posted!
The principle applies to all actions by the state, not just K-12 education.
"The Constitution grants Congress the power to "establish an uniform Rule of Naturalization." Art. I., 8, cl. 4. Drawing upon this power, upon its plenary authority with respect to foreign relations and international commerce, and upon the inherent power of a sovereign to close its borders, Congress has developed a complex scheme governing admission to our Nation and status within our borders. . . . . The States enjoy no power with respect to the classification of aliens. See Hines v. Davidowitz, 312 U.S. 52 (1941).
Maybe someday youll find a case that actually supports what you say. Maybe a future Supreme Court will suddenly find whatever it is you see in Art1 Sec8. Perhaps by consulting international law. Until then the "principle" is only your opinion.
Perhaps you missed this, so I'll post it again:
""The Constitution grants Congress the power to "establish an uniform Rule of Naturalization." Art. I., 8, cl. 4. Drawing upon this power, upon its plenary authority with respect to foreign relations and international commerce, and upon the inherent power of a sovereign to close its borders, Congress has developed a complex scheme governing admission to our Nation and status within our borders. . . . . The States enjoy no power with respect to the classification of aliens. See Hines v. Davidowitz, 312 U.S. 52 (1941). "
And here is the link:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/457/202.html
Another posting that in no way supports your position? Anybody know how many states allow illegals to pay in-state tuition?
If the FAIR lawsuit is successful in over turning the Kansas law that allows illegals in-state tuition based on the 1996 federal law. That federal court ruling will then apply to every other state. This would force states that give in-state tuition to illegals to give all students the low in-state rate. The cost of this would massive.
The states effected will have to repeal their in-state for illegals law in order to charge out of state students the higher rate.
states are prohibited by the US Constitution from making distinctions based on ones immigration status. Therefore, if someone is a resident of Texas, they are to be allowed to pay in state tuition.
being from texas i see first hand the trouble that illegal
aliens bring to a state. we americans have dug a huge hole
using illegal labor for personal financial gain.
it is time to take a stand & overwhelm our congressmen &
women on this issue & hope that something positive will be
gained. i do not consider myself racial as some left wingers
would label me but just a concerned citizen of the proud
state of Texas and of the US that worries about our future.]
illegals aliens sent back home an estimated 13 billion
dollars in 2003 which makes me sick. we must hole out gvt
and tany company accountable for hiring illegal aliens and
come up with a way to block most if not all of the money
that the illegal aliens send back home. have a great night
Hey, President Bush doesn't want to close the borders. Someone's got to pay the bills and it isn't going to be Vicente Fox, so what does he care?
It will take Texans rising up and making their voices heard in order for anything to change. And New Mexicans. And Arizonans. And Californians. And the other States that are funding all the "free" care that the undocumenteds obtain while in the USofA.
We need legislation that only allows LEGAL immigrant's babies to become USCitizens at birth IF the parents want it. THAT would be a first step in halting the flow of pregnant girls across the border.
The USofA is being overrun and it's time to stop the process or at least slow it down to a trickle.
excuse the spelling errors, i was a little excited over this
issue.
Ok, lets break this down: states are prohibited by the US Constitution from making distinctions based on ones immigration status.
You have that correct.
Therefore, if someone is a resident of Texas, they are to be allowed to pay in state tuition.
You have this part wrong. Texas may not discriminate (that means charge a higher fee for tuition) against someone based on their immigration status. If you live in Texas, you're a Texan, regardless of what country you came from. Therefore, you pay in state tuition rates.
I cited the appropriate passage from Plyer v Doe twice to support this proposition. Is there something you didn't understand about the passage I cited?
I appreciate that. But you and your state of Texas must still follow the law and the constitution as you seek to address this perceived 'trouble'.
Dont talk to me like Im the one who doesnt get it. Your interpretation of the law is just that. Thankfully the courts have yet to find (perhaps one day they will maybe through international law) a way to make the constitution say what you want it to say on this matter. In practice the only states where illegal aliens pay in state tuition are those that have passed legislation to allow it. Do you understand that?
Well, I think they have. Read Plyer v Doe. . . again.
If your reality was the reality of the rest of us. Illegals would be paying in-state tuition across the country. They arent.
Plyer Vs. Doe applies to k-12. No matter what youd like to believe.
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