To: Bowana
Does the federal government have constitutional authority to dictate to the states regarding licensing?
To: Jim Robinson
When it comes to licensing an "Illegal", YES I believe the government does have the authority to dictate whether an illegal gets a license or not!
16 posted on
06/23/2002 1:09:32 PM PDT by
Bowana
To: Jim Robinson
Does the federal government have constitutional authority to dictate to the states regarding licensing?Last time I checked, it was still a state right. Unless of course everyone wants a Federal ID with a chip in it.
To: Jim Robinson
>>Does the federal government have constitutional authority to dictate to the states regarding licensing?<<
Article I, section 8:
Congress shall have the power ...To establish an uniform Rule of Naturalization
To the extent that States, by granting legal status to persons within the US illegally, tend to undermine Congress's uniform Rule of Naturalization, then, yes-
the federal government does have that authority.
To: Jim Robinson
I haven't taken the time to review all of the answers submitted in this thread, so I'm sorry if I am repeating another's statement. Yes, the 10th amendment would encompass the issuance of drivers licenses, as it would many other areas currently controlled by the feds. However, the issue of granting drivers licenses to illegal aliens may be an exception, as it facilitates such individuals' violation of federal (immigration) laws. I think it is a reasonable reading of the Constitution, and the supremacy clause, to grant the feds the right to preclude states from facilitating the continued violation of immigration laws, since control over immigration was granted to the federal government by the Constitution.
To: Jim Robinson
Does the federal government have constitutional authority to dictate to the states regarding licensing?
As it stands, the law of the land is that immigration is a federal issue, and states can't make laws regarding Illegals. This is the rationale by which Proposition #187 was gutted.
But if States can't make laws that take away unearned subsidies from Illegals, how is it that states can make laws giving them drivers' licenses.
Further, didn't the FedGov dictate to the states regarding licensing with Motor Voter?
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