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 ...
Amend the 14th?
Yes. It can be modified by Congress, but that’s a law easily overturned in another congress. Better to just change it.
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.
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.
“is” whoops!
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.
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.
Yep neat tool for a judge or two to have the ability to amend the Constitution. Stare decisis is a great tool for tyrants.
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.
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.
““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.
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.
““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.
After 8 years of presidency...
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.
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.
” 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!
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