Post by richardkelsey on Dec 15, 2006 9:46:13 GMT -5
sonofsilencedogood said:
I have a question for Richard Kelsey...I have done a bit of reading myself regarding the Plyler decision, and in my readings, I have come across some articles and even a case brought to the Supreme Court of the State of Utah (Dyett v. Turner), all of which claim that the 14th amendment to the Constitution (the "Equal Rights" Amendment) was never legally ratified by the necessary 3/4 of the states of the union.
Since you are obviously in the law field, what opinions do you have on this issue? One of the main references in the Plyler decision is that 14th Amendment (if I am reading it correctly). What chances would someone have of challenging the amendment itself? It seems to me, after reading what you and others have written, that the decision can be challenged on two fronts, challenging the decision based on the merits of the case, and then also challenging the legality of the 14th Amendment.
It is true that there are fairly well respected legal scholars who question the validity of the procedure in passing the 14th Amendment. The truth is, however, no one really wants to challenge the 14th Amendment. First, it is not likely going to be overturned -- as that would create chaos. Second, the substance of the Amendment is not in dispute and the laws of our land based on it are accepted.
I see no profit in challenging it -- and I see virtually no success in attacking it.
Obviously, how it was interpreted in Plyler with respect to the rights and privileges afforded illegal aliens is an interpretation issue. Per my earlier postings, I feel VERY strongly that such a challenge -- if it were to reach this court -- would have a strong chance at success.
BTW -- if I were challenging Plyler as I proposed, I especially would not want to get caught up in attacking the validity of the 14th Amendment as a whole -- given the baggage such a challenge will have.