Rush Limbaugh comes out in favor of school segregation (user search)
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  Rush Limbaugh comes out in favor of school segregation (search mode)
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Author Topic: Rush Limbaugh comes out in favor of school segregation  (Read 2263 times)
Badger
badger
Atlas Legend
*****
Posts: 40,329
United States


« on: September 20, 2009, 06:52:15 PM »


Joe Wilson's not a fascist, and for the record, Obama was lying.

Illegal aliens will get coverage under a public option. Federal Courts have already settled that matter.

Plyler vs. Doe (1982)



what?

The Fourteenth Amendment provides that

[n]o State shall . . . deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

(Emphasis added.) Appellants argue at the outset that undocumented aliens, because of their immigration status, are not "persons within the jurisdiction" of the State of Texas, and that they therefore have no right to the equal protection of Texas law. We reject this argument. Whatever his status under the immigration laws, an alien is surely a "person" in any ordinary sense of that term. Aliens, even aliens whose presence in this country is unlawful, have long been recognized as "persons" guaranteed due process of law by the Fifth and Fourteenth Amendments. Shaughnessv v. Mezei, 345 U.S. 206, 212 (1953); Wong Wing v. United States, 163 U.S. 228, 238 (1896); Yick Wo v. Hopkins, 118 U.S. 356, 369 (1886). Indeed, we have clearly held that the Fifth Amendment protects aliens whose presence in this country is unlawful from invidious discrimination by the Federal Government. Mathews v. Diaz, 426 U.S. 67, 77 (1976). [n9] [p211]

Appellants seek to distinguish our prior cases, emphasizing that the Equal Protection Clause directs a State to afford its protection to persons within its jurisdiction, while the Due Process Clauses of the Fifth and Fourteenth Amendments contain no such assertedly limiting phrase. In appellants' view, persons who have entered the United States illegally are not "within the jurisdiction" of a State even if they are present within a State's boundaries and subject to its laws. Neither our cases nor the logic of the Fourteenth Amendment support that constricting construction of the phrase "within its jurisdiction." [n10] We have never suggested that the class of persons who might avail themselves of the equal protection guarantee is less than coextensive with that entitled to due process. To the contrary, we have recognized [p212] that both provisions were fashioned to protect an identical class of persons, and to reach every exercise of state authority.

The Fourteenth Amendment to the Constitution is not confined to the protection of citizens. It says:

Nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality, and the protection of the laws is a pledge of the protection of equal laws.


Plyler v. Doe.

Illegal aliens will get health care benefits under a public option.

One would imagine that the editor of the Harvard Law Review, and lecturer in Constitutional Law at the University of Chicago would know this.
[/quote]
Thanks for staying on topic, Luis. You can join Neal Patel in the uncontrolled outbursts section now.
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Badger
badger
Atlas Legend
*****
Posts: 40,329
United States


« Reply #1 on: September 21, 2009, 07:44:53 AM »

What are you talking about? This thread is about how Rush Limbaugh is a racist, not about how the scary browns are gonna get socialized medicines.

Racists...fascists...and I thought t was Republicans who had anger issues.

Huh

Do you have problems in your brain? Or do you whack your head against the keyboard and see what comes out?

Dude, you just made me snort out my coffee.
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