Sponsored by:
Assemblyman PAUL KANITRA
District 10 (Monmouth and Ocean)
Co-Sponsored by:
Assemblymen Peterson and Myhre
SYNOPSIS
Urges U.S. Congress to remove federal courts jurisdiction in certain education matters, or alternatively, overturn certain prior case law.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution urging federal action in matters relating to the education of illegal alien school children.
Whereas, Illegal aliens cost this State billions of dollars each year, including in the area of publicly funded education that the State is required to provide; and
Whereas, Illegal aliens often do not pay their full tax responsibility; and
Whereas, The United States Supreme Court determined in San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1 (1973) that education is not a fundamental right afforded explicit or implicit protection under the United States Constitution; and
Whereas, The court appears to have later contradicted itself by ruling in Plyler v. Doe, 457 U.S. 202 (1981) that states and local school districts cannot limit the use of state funds for education to United States citizens or legally admitted aliens; and
Whereas, While the Texas law at issue in Plyler v. Doe permitted United States citizens and legally admitted aliens to attend the public free schools of the district, it did not explicitly prohibit illegal alien school children from attending public school; and
Whereas, Under the Texas law, a school district could require illegal alien school children to pay a tuition fee to support the students education, similar to the tax dollars paid by parents of students who are United States citizens and legally admitted aliens; and
Whereas, Chief Justice Burgers dissent in Plyler v. Doe aptly acknowledged that the Equal Protection Clause does not mandate identical treatment of different categories of persons and that the state of Texas had legitimate reason to differentiate between lawfully admitted persons and illegal aliens; and
Whereas, Ultimately, the decision in Plyler v. Doe wrongly removed from states their constitutionally reserved powers under the 10th Amendment to the United States Constitution to govern in the area of education; and
Whereas, The 10th Amendment provides that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; and
Whereas, Individual states, through the election of local representatives, are best suited to determine the financial and educational needs of their state and citizenry; and
Whereas, Article I, section 8 of the United States Constitution gives the United States Congress the authority to constitute Tribunals inferior to the United States Supreme Court; and
Whereas,
Article III, section 2 of the United States Constitution provides the United
States Congress with the authority to limit and regulate the United States Supreme
Courts appellate jurisdiction; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This Houses urges the United States Congress to enact legislation removing jurisdiction of the United States Supreme Court and inferior federal courts over any case or controversy involving state action requiring illegal aliens to pay a school tuition or tax.
2. This House, in the absence of Congressional action to remove jurisdiction from the United States Supreme Court and inferior federal courts over any case or controversy involving state action requiring illegal aliens to pay a school tuition or tax, urges the United States Supreme Court to overturn its erroneous decision in Plyler v. Doe and reaffirm a states constitutionally protected right to govern its citizenry in the area of education.
3. Copies of this resolution, as filed with the Secretary of the State, shall be transmitted by the Clerk of the General Assembly to the presiding officer of each House of each state legislature, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of New Jerseys Congressional delegation.
STATEMENT
This Assembly resolution urges the United States Congress to remove from federal courts jurisdiction certain education matters, or in the alternative, urges the United States Supreme Court to overturn its erroneous decision in Plyler v. Doe.
Illegal aliens cost this State billions of dollars each year, including in the area of publicly funded education that the State is required to provide even though illegal aliens often do not pay their full tax responsibility. The United States Supreme Court determined over 50 years ago that education is not a fundamental right afforded explicit or implicit protection under the United States Constitution. Moreover, the 10th Amendment to the United States Constitution explicitly reserves those powers not delegated to the federal government to the states. Notwithstanding these facts, the Supreme Court wrongly removed from states their constitutionally reserved power to govern their citizenry in the area of education by denying states the ability to charge illegal alien students a tuition, similar to the tax dollars paid by parents of students who are United States citizens and legally admitted aliens.
The United States Constitution
provides Congress with certain powers to constitute tribunals inferior to the
Supreme Court and to
limit and regulate the Supreme Courts appellate jurisdiction. This Assembly
resolution urges Congress to enact legislation removing jurisdiction of the
United States Supreme Court and inferior federal courts over any case or
controversy involving state action requiring illegal aliens to pay a school
tuition or tax. In the alternative, this resolution urges the Supreme Court to
overturn its decision in Plyler v. Doe and reaffirm a states
constitutionally protected right to govern its citizenry in the area of
education.