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To: flaglady47

I submit YOU are wrong. The Supremes if they haven’t already will rule in favor of College for children of illegals. Especially if they have been residents of a state for 3 years AND applied for Citizenship. Anyone who doesn’t understand that is smoking funny cigs.

Here is the decision that influenced problems you all would like to blame Perry for:

The Supreme Court decision in the Plyler case was a 5-4 split in favor of illegal alien children. The debate over the issues ran deep among the justices. Even the justices of the majority who agreed on the final decision had different reasons. Together, the concurring (agreeing with the decision) and dissenting (disagreeing with the decision) opinions provided a powerful look into the justices’ beliefs about the importance of public education in American society.

Justice William J. Brennan, Jr., writing for the majority, identified that “the question presented . . . is whether, consistent [carrying out the intention of] with the Equal Protection Clause of the Fourteenth Amendment, Texas may deny to undocumented school-age children the free public education that it provides to children who are citizens of the United States or legally admitted aliens.”

The school board argued that equal protection did not apply to those who entered the country illegally. The Court rejected their argument by emphasizing the decision of Yick Wo which declared all persons “within its [a government’s] jurisdiction” came under Fourteenth Amendment protection. Deciding that illegal aliens came under the Equal Protection Clause was easy. The more difficult question was if Texas law violated equal protection.

A “Pivotal Role”
In arriving at their decision, the justices addressed the relationship between public education, the U.S. Constitution, and the importance of public education in American social order. Justice Brennan affirmed that education was not a right granted by the Constitution but added that education was more than “merely some government ‘benefit’ indistinguishable [cannot tell the difference] from other forms of social welfare legislation.” Education was different because it plays a “fundamental” or “pivotal role” in maintaining our society. He added, “we cannot ignore the significant social costs borne by our Nation when select groups are denied the means to absorb the values and skills upon which our social order rests.” Denial of a free public education to the children of illegal aliens places a lifetime hardship on them, for “illiteracy (inability to read) will mark them for the rest of their lives.” Brennan found no reason for a state to cause such hardship on any individual. For these reasons the Court concluded the Equal Protection Clause required the Texas law be struck down.

May I suggest you think about the above decision and understand exactly what the Supremes have done.


412 posted on 09/23/2011 2:41:26 AM PDT by Marty62 (Marty60)
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To: Marty62

May I suggest you think about the above decision and understand exactly what the Supremes have done.

This does not apply on the College level, either for U.S. citizens or for illegals. No one can make an institution of higher learning accept an illegal student. I worked for 25 years at a state public university, and I knew all about hiring and immigration law as part of my duties. Don’t tell me how universities have to accept illegals; it isn’t true and you can’t make it so by simply stating it. You are talking out of your hat.


416 posted on 09/23/2011 2:59:58 AM PDT by flaglady47 (When the gov't fears the people, liberty; When the people fear the gov't, tyranny.)
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To: Marty62
-- The [Plyler] Court rejected their [equal protection] argument by emphasizing the decision of Yick Wo which declared all persons "within its [a government's] jurisdiction" came under Fourteenth Amendment protection. --

The 14th amendment case there is Wong Kim Ark, not Yick Wo.

Wong Kim Ark is the case that construed "subject to the jurisdiction" to mean anybody within the borders, excluding diplomats and invading armies.

445 posted on 09/23/2011 4:24:32 AM PDT by Cboldt
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