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Ted Cruz questions Supreme Court ruling ordering free education for immigrant kids
Dallas Morning News ^ | March 9, 2015 10:47 am | Todd J. Gillman

Posted on 03/09/2015 12:32:05 PM PDT by SoConPubbie

WASHINGTON – Sen. Ted Cruz said Monday that the Supreme Court probably made the wrong decision in 1982 when it ruled that public schools must provide free education to children who are in the country illegally.

“There’s a strong argument to say that it was [a mistake],” Cruz told a conservative radio host in Des Moines during a campaign visit to Iowa.

WHO host Jan Mickelson, an immigration hardliner, peppered Cruz with questions about Plyler v. Doe, a Texas case in which the justices ruled 5-4 that states must provide public education for students in the country illegally. Jim Plyler was the school superintendent in Tyler, and Doe referred to families living and working there when Texas cut funding for students living in the country illegally.

Mickelson argued that states should now defy the court and ignore the precedent, and prodded Cruz to embrace the idea.

The senator, a top student at Harvard Law School and former clerk to Chief Justice William Rehnquist, stepped carefully. But he agreed that the court got it wrong.

Plyler v. Doe as a legal matter is certainly binding Supreme Court precedent,” Cruz said. “You can have a theoretical argument about the role of the Supreme Court. But I do think there is value in the principle of stare decisis, which is a Latin term for things which are decided. There is value in legal precedent.”

That said, he added, the court probably had no constitutional basis for forcing states to educate children in the country illegally.

“There is a very strong argument that the 14th Amendment doesn’t require that,” Cruz said.

(Excerpt) Read more at trailblazersblog.dallasnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: aliens; cruz; tedcruz
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To: Regulator
overturned by the Congress but preferably by amendment

Amend the 14th?

41 posted on 03/09/2015 2:57:40 PM PDT by HiJinx (I can see Mexico from my back porch...soon, so will you!)
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To: HiJinx

Yes. It can be modified by Congress, but that’s a law easily overturned in another congress. Better to just change it.


42 posted on 03/09/2015 3:01:57 PM PDT by Regulator
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To: SoConPubbie

Of course there is a strong argument. How can you possibly torture the Constitution around to say that a person who is in this country illegally has to be given an education? Its insane.


43 posted on 03/09/2015 3:03:58 PM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Blood of Tyrants

There are plenty of indisputable stuff down in black and white in community after community after community, without having to make claims in dispute. Better to not muddy the issue and hand weapons to the opposition, especially when libertarians (who have been self-identifying as conservatives) have been not getting their kids immunized and have been the larger part of the problem.


44 posted on 03/09/2015 3:41:01 PM PDT by BlackAdderess ("Give me a but a firm spot on which to stand, and I shall move the earth". --Archimedes)
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To: BlackAdderess

“is” whoops!


45 posted on 03/09/2015 3:42:09 PM PDT by BlackAdderess ("Give me a but a firm spot on which to stand, and I shall move the earth". --Archimedes)
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To: SoConPubbie
Sorry Naps, but no, his leadership skills and his fidelity to conservative policy positions, which far outshine all other possible POTUS candidates scream for President of the US.

While I agree with you about his fidelity to conservative positions, his leadership skills still have yet to be demonstrated. To be a leader, you have to get people to follow you, and I haven't seen him demonstrate that in a consistent way in the Senate. That is not to say he could not do so in the future.

Just as we should not accept that Walker's current position on immigration is genuine without more to support it, neither should we just accept that Cruz would be a good leader without seeing some actual cases in which he has demonstrated leadership and been able to bring along some of the doubters and persuadables to his point of view.

46 posted on 03/09/2015 3:53:08 PM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: CA Conservative
While I agree with you about his fidelity to conservative positions, his leadership skills still have yet to be demonstrated. To be a leader, you have to get people to follow you, and I haven't seen him demonstrate that in a consistent way in the Senate. That is not to say he could not do so in the future.

You've narrowed down your premise to fit your conclusion.

Either you have not been paying attention, or you chose to purposefully and artificially limit your proposed result set.

He was single-handedly able to lead the house while being a sitting senator.

He was, and is, one of the primary leaders of the Tea-Party effort, and many conservatives will tell you he is their leader.

Now, if Scott Walker did not have a Republican Legislature, he would not have any of the accomplishments he has so far. ALL of his success is dependent on having a Legislature that will provide him bills that he can sign.
47 posted on 03/09/2015 3:56:54 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: grania
This is an example of how Ted Cruz's intellect can identify the source of problems, which has to happen before they can be solved.

I did not go to Harvard, and I know how wrong it was for the court to order government paid education for illegals.

No different than a court requiring you personally to feed and cloth your neighbors children and all it takes to figure that out is a little common sense and experience.

48 posted on 03/09/2015 4:33:02 PM PDT by itsahoot (55 years a republican-Now Independent. Will write in Sarah Palin, no matter who runs. RIH-GOP)
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To: sickoflibs
But I do think there is value in the principle of stare decisis, which is a Latin term for things which are decided. There is value in legal precedent.”

Yep neat tool for a judge or two to have the ability to amend the Constitution. Stare decisis is a great tool for tyrants.

49 posted on 03/09/2015 4:39:02 PM PDT by itsahoot (55 years a republican-Now Independent. Will write in Sarah Palin, no matter who runs. RIH-GOP)
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To: WIBamian
It’s almost like Conservatives are surrounded in America by a multi-faced enemy hostile to America itself.

The only reason you feel that way is because it is true. The democratic Party is now full blown Communist Controlled and the GOP is growing into that position as we speak.

50 posted on 03/09/2015 4:45:38 PM PDT by itsahoot (55 years a republican-Now Independent. Will write in Sarah Palin, no matter who runs. RIH-GOP)
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To: SoConPubbie
He was single-handedly able to lead the house while being a sitting senator.

Not to be a nit picker but exactly where did he lead the House to? We have funded the illegal presidential amnesty as if nothing happened, other than some wailing and gnashing of teeth.

51 posted on 03/09/2015 4:50:39 PM PDT by itsahoot (55 years a republican-Now Independent. Will write in Sarah Palin, no matter who runs. RIH-GOP)
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To: itsahoot
Not to be a nit picker but exactly where did he lead the House to? We have funded the illegal presidential amnesty as if nothing happened, other than some wailing and gnashing of teeth.

yea, nit-picky is the right word.

Remember the effort to defund Obamacare and how he got blamed for the so-called shut-down?
52 posted on 03/09/2015 4:52:02 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: SoConPubbie

““There is a very strong argument that the 14th Amendment doesn’t require that,” Cruz said.”

There is a strong argument that the 14th amendment doesn’t apply to foreigners just like it don’t apply to Indians. The same argument made by the crafters, and radifers when thy inserted the clause “subject to the jurisdiction thereof”.

Unfortunately for our republic Federal employees in black robes have a long history of ignoring the Federal Constitution when it comes to limiting their appointing masters or their own power.


53 posted on 03/09/2015 5:09:53 PM PDT by Monorprise
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To: KC_Lion

The sheer expense on the buildings, busses, implements, desks, roads, paper, extra teachers and classes...the non-pretty things of abuse of the education apparatus cannot be overstated. No town or city can AFFORD this onslaught...nor can the citizens.


54 posted on 03/09/2015 5:15:16 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
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To: SoConPubbie

““Plyler v. Doe as a legal matter is certainly binding Supreme Court precedent,” Cruz said. “You can have a theoretical argument about the role of the Supreme Court. But I do think there is value in the principle of stare decisis, which is a Latin term for things which are decided. There is value in legal precedent.””

If the Federal Employees in black robes believed in “stare decisis” the ruling “Plyler v. Doe” would be moot, as the same court had already ruled as the the 14th amendment did not apply to foreigner as the operative clause “Subject to the jurisdiction there of” said according to the original authors and radifers.

Frankly the Federal employees have no ground to stand upon in upholding that clearly unlawful edict.


55 posted on 03/09/2015 5:15:21 PM PDT by Monorprise
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To: MSF BU
He’d be far more useful as a USSC Justice then in the senate or presidency.

After 8 years of presidency...

56 posted on 03/09/2015 5:18:53 PM PDT by Iscool
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To: SoConPubbie

Walker, with his strengths in taking on the Unions, need to be the Secretary of Labor. His skills are perfect for that job.

Honestly never thought of that. If he does not get the nomination, perhaps that is a good fit.


57 posted on 03/09/2015 6:58:21 PM PDT by napscoordinator (Walker for President 2016. The only candidate with actual real RESULTS!!!!! The rest...talkers!)
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To: SoConPubbie
Remember the effort to defund Obamacare and how he got blamed for the so-called shut-down?

Sure I remember, do you remember what was accomplished? Did they defund anything? Did they dump the Majority leader?

It brought Ted to national prominence just like Runt Paul before him but nothing changed and 2017 is way to late to undo what the Socialist/Marxist have brought about, even while the GOP had a majority in both houses.

Color me cynical until I see results and not just speeches.

58 posted on 03/09/2015 10:58:06 PM PDT by itsahoot (55 years a republican-Now Independent. Will write in Sarah Palin, no matter who runs. RIH-GOP)
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To: itsahoot
It brought Ted to national prominence just like Runt Paul before him but nothing changed and 2017 is way to late to undo what the Socialist/Marxist have brought about, even while the GOP had a majority in both houses.

Color me cynical until I see results and not just speeches.


Let's be perfectly clear, if Scott Walker did not have a Republican Legislature, he would have accomplished nothing. Would you have called him a great leader then?

Because George Washington lost several battles early in the Revolutionary War, was he still not a Leader, even a Great Leader?

Leading entails setting goals (In this case conservative goals), effective and intelligent communication, and the ability to convince people to follow you.

Ted Cruz has those qualities in much more abundance than Scott Walker.

Let me ask you this, if Ronald Reagan was in Ted Cruz's spot, with a Democrat controlled congress, most of the time, and a GOP-E controlled congress and he was not able, as a Senator to push legislation through congress, but on every single conservative issue he was out front and center, would you have called him lacking in Leadership?

You have artificially narrowed your definition of Leadership to fit the situation.
59 posted on 03/10/2015 6:49:04 AM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: grania; SoConPubbie

” How long can the media keep up the myth of those bogus polls showing Ted Cruz as lagging in support? “

As long as they can!


60 posted on 03/10/2015 8:37:25 AM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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