Posted on 03/10/2015 7:43:09 AM 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 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-AM host Jan Mickelson, an immigration hard-liner, peppered Cruz with questions about Plyler vs. 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 in Tyler when Texas cut funding for students in the country illegally.
Mickelson argued that states should now defy the court and ignore the precedent. Cruz, a top student at Harvard Law School and former clerk to Chief Justice William Rehnquist, resisted that approach.
“Plyler vs. Doe as a legal matter is certainly binding Supreme Court precedent,” he said, adding that even when cases are settled imperfectly, “there is value in legal precedent.”
But he said that in his view, the high court was on shaky constitutional ground in 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 dallasnews.com ...
Thank you!
Well, I missed one: The Federal government is instructed by law what to do with an illegal alien. It is in violation of that Constitutionally authorized statutory law when they are NOT deported. That law does not say, 'send them to school instead' nor could it for the reasons stated in my last post. So for the SCOTUS to mandate that is beyond bizarre.
I was still in my 20s when this ruling went down, yet I was shaking my head even then.
Thank you for voting Ted Cruz as Senator! :)
Thank you!
Thank you, also, for voting for Ted Cruz! :)
The 1982 decision by the USSC in the Plyler v. Doe case was made using the same material used in the 1973 Roe v.Wade case: whole cloth. In both cases the USSC decided upon fabrication when no constitutional basis existed for the decisions. The Executive and Legislative branches of government and the states just blindly obeyed the USSC mandates instead of rejecting them as outright unconstitutional and, therefore, not enforceable. Adherence to both unconstitutional actions have caused great damage to our country.
I just recited it! Great prayer!
******
We need two Constitution amendments to help us fight this illegal immigration invasion. Something like the following:
1. Only American citizens, resident aliens, and persons with special permits can attend private and public elementary schools, high schools, and colleges.
2. Newborn children must have at least one parent who is a citizen before they are granted citizenship.
In my lifetime, most of the SC decisions rendered have been horrible mutated interpretations of our founding document with disastrous effect.
The most invasive and destructive interpretation being all acts of oppression under color of the commerce clause.’
I can only think back on a book I once read called “The Pelican Brief”.
#1 can be remedied a lot quicker with a new case to the SCOTUS. But you can only apply it to public schools. We have a lot of foreigns who come here and pay to go to college. Public school 1-12 is the most pressing issue anyway.
Merci.
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