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To: Joe Hadenuf
Do you really, I mean really think prop 187 was thrown out by the government due to the measure being written badly. You can't be serious.....

Prop 187 was, in part, a deliberate attempt to force a rehearing of Plyler v. Doe. Appellate courts are loathe to overturn Supreme Court rulings. Any decision on Plyler was only going to be resolved in the Supreme Court. The authors of the initiative should have known this.

There was no severability clause in Proposition 187. Without a severability clause, all that the opponents needed to do was get ONE very small piece of the initiative overturned, and the entire thing went with it. And it was 99% certain that some parts of the initiative were going to get shot down. The guys who wrote the initiative didn't think ahead, and the thing died right there.

Yeah, it was badly written. The opponents used that to get the whole thing thrown out. Tough s**t.

19 posted on 07/07/2003 3:58:33 PM PDT by Poohbah (I must be all here, because I'm not all there!)
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To: Poohbah
Without it, it will be picked to pieces, they'll end up with nothing. No it was not the language that shot down 187, it was the politicos, our so-called leaders that were hell bent on destroying it. I repeat, they have no desire to stop this invasion of million, regardless of how it was written, or who wrote it. It's not in their agenda....
21 posted on 07/07/2003 4:04:39 PM PDT by Joe Hadenuf (RECALL DAVIS, position his smoking chair over a trapdoor, a memo for the next governor.)
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To: Poohbah
Look, for all the technicalities and legal mumbo jumbo haggling, the *bottom line* is that our government is clearly against stopping this invasion. Want proof? Go look at any city in the southwest and beyond......Want more proof, nothing has changed since 911 as millions from Lord knows where continue to flood into our country.
22 posted on 07/07/2003 4:08:40 PM PDT by Joe Hadenuf (RECALL DAVIS, position his smoking chair over a trapdoor, a memo for the next governor.)
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To: Poohbah
Prop 187 was, in part, a deliberate attempt to force a rehearing of Plyler v. Doe. Appellate courts are loathe to overturn Supreme Court rulings. Any decision on Plyler was only going to be resolved in the Supreme Court. The authors of the initiative should have known this.

There was no severability clause in Proposition 187. Without a severability clause, all that the opponents needed to do was get ONE very small piece of the initiative overturned, and the entire thing went with it. And it was 99% certain that some parts of the initiative were going to get shot down. The guys who wrote the initiative didn't think ahead, and the thing died right there.

Yeah, it was badly written. The opponents used that to get the whole thing thrown out. Tough s**t.

That isn't quite what happened.

Prop #187 was written to test Pyler vs. Doe, and since Gray Davis didn't have confidence that the SCOTUS wouldn't overturn Plyler, he got #187 arbtrated away in an unprecedented abuse of CA gubernatorial power.

That's how they got "the whole thing thrown out."

You're right, though, in a way... the guys who wrote #187 didn't anticipate that.


31 posted on 07/07/2003 4:47:31 PM PDT by Sabertooth
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To: Poohbah
Do you really, I mean really think prop 187 was thrown out by the government due to the measure being written badly. You can't be serious.....

There was no severability clause in Proposition 187. Without a severability clause, all that the opponents needed to do was get ONE very small piece of the initiative overturned, and the entire thing went with it. And it was 99% certain that some parts of the initiative were going to get shot down. The guys who wrote the initiative didn't think ahead, and the thing died right there.

More Bravo Sierra......

Yeah, it was badly written. The opponents used that to get the whole thing thrown out. Tough s**t.

Tough s**t, LOL!

56 posted on 07/09/2003 10:58:30 AM PDT by Joe Hadenuf (RECALL DAVIS, position his smoking chair over a trapdoor, a memo for the next governor.)
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