floridafan
Verified User
Uh...yes it does.
Not a word, about children attending school. Fuck off. You are an idiot, who wont accept a SC decision, so this topic has ended.
Uh...yes it does.
Where in the Constitution, idiot?
"Flash" has already posted the SC decision. of course you know "Flash".
Precisely. The federal government has absolute no authority there.Not a word, about children attending school.
The Supreme Court has no authority to change the Constitution.Fuck off. You are an idiot, who wont accept a SC decision, so this topic has ended.
[h=3]Reasoning[/h](Brennan, J.) By a 5–4 vote, the Court concluded that the Texas legislation violated the Equal Protection Clause. The Court explained that "education has a fundamental role in maintaining the fabric of our society" and "provides the basic tools by which individuals might lead economically productive lives to the benefit of us all." Further, while persuasive arguments support the view that a state may withhold benefits from people whose presence within the country is a result of unlawful conduct, the children of such illegal entrants "can affect neither their parents' conduct nor their own status," and "legislation directing the onus of a parent's misconduct against his children does not comport with fundamental conceptions of justice."
While the state has a legitimate interest in protecting itself from an influx of illegal immigrants, there was no evidence to suggest that any immigrants came to the country to avail themselves of a free education. Similarly, while the state has an interest in removing burdens on the state's ability to provide high-quality public education, there was no evidence that the exclusion of undocumented children was likely to improve the overall quality of education in Texas.
Accordingly, the majority affirmed the lower court's ruling.
That is NOT a LEGAL argument , you moron. This is a court and they are supposed to base their decisions on what the law says not what they think it should say.
Lean what courts do. The law prohibited illegal children from attending public schools and it violated the equal protection clause of the Constitution. The Constitution does not make exceptions for equal rights. They did not make their decision on what they thought the law should say but whether the law violated the Constitution.
Where does the constitution say the supreme court decides whether a law is constitutional or not? The tenth amendment says the states have that power.
Read Marbury v. Madison. The states do not get to decide the meaning of the Constitution. Read Federalist #78 to see what the men who wrote the Constitution thought it meant. Hamilton explains judicial review.
HAHAHA.. Hear that everybody? I ask this moron where the constitution gives the Supreme Court power to declare a law unconstitutional and he refers me to a COURT RULING!!!!
Yes indeed - the SC simply GRANTED themselves the power to do this even though the constitution says the states have it.
Where does the Constitution give the states the power to interpret the meaning of the Constitution? It is not in the 10th Amendment.
The 10A says any power not delegated to the federal govt nor denied to the states is reserved to the states or the people. Since the constitution does not explicitly say who has power to declare a law unconstitutional, the states have it. THINK
If the founders wanted the states to interpret the Constitution they would have provided a process to do so. They did not, so do we allow each state to determine whether something is constitutional for their state? That means something would be constitutional in Michigan but unconstitutional in Ohio. That is lame and you did not think this through. Nowhere does anybody think the states can interpret the Constitution except JPP posters. Remember, the supremacy clause makes the U. S. Constitution and federal law supreme over state laws and constitutions.
Why didn't the states uses that power to check the Supreme Court decision in Marbury v. Madison if it was not an accepted opinion?
Obviously, you did not read what the framers said about this issue in the Federalist Papers. Nowhere does anybody
You are confused. You keep talking about interpreting the constitution while the issue is who has the right to declare a law unconstitutional. They are not the same, you moron.