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To: janetgreen
Prop. 187 --- So many holes, even many a conservative judge would throw it out!

F--k rule by the sheeple. Ballot initiatives undermine our representative form of government (I must admit that I live in a state where ballot initiatives frequently allow liberal measures to be passed. :-( )

5 posted on 02/11/2002 11:39:48 AM PST by Clemenza
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To: Major Malfunction
Ping. Thought this might pop up.

I'm not sure why Glenn put this up, and why he and the PLF didn't know about it. It's possible that the text was inserted in the code as a formality, but Judge Pfaelzer's ruling continues to prohibit enforcement.

It does provide cover for any school district if they wanted to start enforcing it. Davis and Eastin could go to court to stop them, which could possibly trigger an appeal - a bizarre one, where the state would be in the position of trying to prevent someone from complying with state law. I think the only way that they could legitimately be stopped is if the Feds were called in.

Wouldn't that be interesting?

6 posted on 02/11/2002 12:01:15 PM PST by Regulator
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To: Clemenza
Actually, 187 was written to contradict Plyler v. Doe explicitly. This would cause a review of the grounds on which Plyler was based, specifically, does it apply when costs are "excessive"? The so-called 'constitutional problems' are not problems at all, but deliberate attempts to provoke rulings.

When it was adjudicated in 1982, the leftists on the court said that it was legitimate to force states to provide education to illegal alien children since the costs were not 'excessive'. This is an Ad Hoc argument that wouldn't hold up in California today, where the costs are in the billions. And it is precisely the argument then Justice, now Chief Justice William Rehnquist used to point out that the court was making social policy with Plyler, not deciding whether the citizens of Texas were within their rights to decide if they were going to be forced to give their money to non-citizens who were breaking federal laws.

If there's one thing the United States is supposed to be about, it's that we shouldn't be compelled to give our money to any one who demands it.

7 posted on 02/11/2002 12:12:45 PM PST by Regulator
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To: Clemenza
F--k rule by the sheeple. Ballot initiatives undermine our representative form of government (I must admit that I live in a state where ballot initiatives frequently allow liberal measures to be passed.

Currently, our representative form of government seems to consist of electing professional politicians to serve in state legislatures and Congress where they then pass laws to benefit lobbyists and special interest groups in exchange for bribes, or what some people call campaign contributions.

At least us voters get to vote directly on ballot initiatives, which is a more pure form of representation than to send someone to Congress to represent hundreds of thousands or even millions of voters. Agreed, the ballot iniatiative process isn't perfect, but at least the voter gets to be directly involved in creating and passing legislation, and I like that.

23 posted on 02/11/2002 5:02:24 PM PST by usadave
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