In the early 80’s, Nobel winning economist Milton Friedman wrote,  The Tyranny of the Status Quo.   It was the provocative title of a book which pointed to the enduring power of bureaucrats to stay in power and of rent-seeking politicians to resist even the best thought out remedies—for rent-seeking politicians.

This week, after Obamacrats distributed thousands of DACA kids (Deferred  Action for Childhood Arrivals) to school districts around the country, almost every pol and pundit repeated the same conventional wisdom—that it is federal law which entitles  the children of illegals to a free, tax-funded public education.

Not once was that assumption challenged, by anybody.   In fact, almost every form of media repeated the same refrain.  USA Today, “All children are entitled to a free public education regardless of legal status.” 

A Fox news anchor talked to a lawyer from the National School Board Association who said, “First of all, public schools  all across the country are keenly aware  that they have a legal obligation to educate all children, including immigrant children  regardless of their legal status.”

Bill O’Reilly, along with one of  his token liberal “experts”   bloviated, “…this is according to federal law which states every child in America regardless of their immigrant status is entitled…to equal access to a basic public education…”    Bill intoned, “…the important thing is that every child on American soil is entitled...”   “…the Supreme Court ruled on that.” said the attorney in a burst of late interview honesty.

The only problem with all of these authoritative statements is that they are all wrong.  There is NO federal law which says, “All children in the United States are entitled to equal access to a public education…regardless of their or their parent’s…immigration status.”  

This “law” is really an opinion of a 5-4 “vote” of SCOTUS in 1982 which mysteriously “found” that the Equal Protection Clause of the Fourteenth Amendment was violated if Texas taxpayers didn’t want to pay for the education of Mexican kids.  Plyler vs. Doe.

 Upon that split opinion has this whole edifice been built.  That opinion was conveyed as law, binding on all states even though this was only a Texas lawsuit.   In my home state, on the Iowa Department of Education website, “Plyer is still controlling law today for all states.”

Even at the time, the dissenting opinion, written by Chief Justice Warren Burger, joined by Rehnquist, White and O’Conner, nailed it.  “In an effort to become an omnipotent problem solver, the court distorts our constitutional function…and …illegal aliens have NO right whatever to be here, and the state may reasonably, and constitutionally, elect not to provide them with government services at the expense of those who are lawfully in the state.” 

Plyler has cost taxpayers billions upon billions of unaccountable spending, rewarding all the usual suspects—teachers unions, federally funded ESL programs, immigration activists, and Hispanic political racialists.     Plus, it has created a vast moral hazard which attracts even more illegals with the promise of easy access to OPM.   And it has funded an army of educrats who feed upon the problems they helped generate—with the promise to finally fix stuff IF we can get them just  a little more OPM.

That pundits insist upon referring to Plyler as “law” and that the political class has a vested interest in maintaining the scam IS the “tyranny of the status quo”. 

Those of us who understand the hustle should upon every occasion insist upon reminding educrats, bureaucrats, and immicrats  (I just coined that word…meaning government activists who feed upon the illegal immigration chaos of their own making) of several points.

1.     Judges don’t make law.   You have to be a Harvard Law grad to believe they do.

2.  Opinions of SCOTUS aren’t law.   Article VI, Section 2 of the US  Constitution lists three things as the “supreme law of the land.”   (1) This constitution: (2) The laws of the United States which shall be made in pursuance of it;  and (3) All treaties made, or which shall be made, under the authority of the United States.    You’ll search in vain to find “court opinions” listed as law in the Constitution.

3   Courts can’t raise taxes or tell congress how to or upon what they must   spend money.

4.      A SCOTUS opinion which is unconstitutional should be resisted at every level.  

5.     If ever there was a 10th Amendment case for “nullification” it is Plyler. 

6.     DACA presents a crisis which should not go to waste.

“I do not charge the judges with willful and ill-intentioned error; but honest error must be arrested where its toleration leads to public ruin.”   Jefferson







Category:general -- posted at: 6:23pm CDT





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