One of the legislators in Austin has courage! House Bill 28, filled by Representative Leo Berman seeks to remove the children of illegal aliens from access to education, healthcare, and other benefits.(Birthright Bill) Access to many of these services have been provided as a birthright due to a federal court mandate [Plyler v. Doe (1982)] claiming it was given to them in the 14th amendment. The Plyler court case was one of several foisted on Texas during the 70’s and 80’s by federal courts to force us to change our ways. The Plyler decision has been challenged in court before by districts seeking to avoid the financial burden of educating this population and to my knowledge has not been overturned.

If passed, this bill could change the immigration situation. I feel sure it will be contested in the courts, if not declared unconstitutional by some federal judge. There are many who are already saying it is unconstitutional. In terms of sheer by-the-book legality, the 14th amendment was never legitimately passed, yet like the third rail, no court has the courage to tell the truth and challenge it. Many of the mandates that have been foisted upon Texas and the Southern peoples hinge on the 14th amendment. Issues such as abortion, unfunded mandates (including educating the children of illegal-[criminal] immigrants), and others. One of the basic principles of law is supposed to be that any decision based on deceit or misrepresentation is considered invalid. IF the courts actually believed in LAW, the 14th amendment would be invalid, and the Roe v. Wade decision would be invalid. The courts often do not consider the legal arguments about the validity of laws, but rather the social policy use law to implement, expand or modify that policy. It is no longer  a matter of what is right or wrong, legal or illegal. Many decisions now involve what is in keeping with previous precedents, in other words, what will keep the status quo?.

Currently the courts do not like to challenge amendments to the Constitution, much less a previous Supreme Court decision. I do have to say that although I disagree with many of the liberal federal court decisions, those judges had the courage to challenge previous Supreme Court decisions.  The current bill may open the door to legal challenges about important issues, but do the judges and men of law have the fortitude to take this case as far as it needs to go? Is Representative Berman going to stick to his guns or is he throwing some red meat to his constituents in order to appease them knowing that a bill of such magnitude may never see the light of day?

By proposing the bill, the whole idea of birthright citizenship is now being discussed.  It is good that such topics are being evaluated. In many countries, citizenship is not automatically granted, but rather earned. France and the Netherlands have each taken steps to strengthen the requirements of citizenship in their nations. It would behoove the united States to also take steps to strengthen the requirements for citizenship.

While I am on a roll, true justice would be that the Roosevelt clan and the Democratic party that supported his policies when the whole Bracero program started in the 40’s ought to pay for illegal immigrants. Rather than give him a fancy memorial in the imperial city, use those funds to pay for the education of those he encouraged to come into the united States illegally. Transfer those funds to the school districts of McAllen, Harlingen, and Brownsville who do everything they can to provide basic services.

I encourage you to CALL or write your State Legislator regarding your views of this legislation. This indeed is an opportunity for the League and Texians who wish to protect our borders and economic resources for OUR children. Tell them your views about how YOUR money should be spent.

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