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View Full Version : Right to education?



garhkal
10-24-2014, 08:39 PM
Doing my daily run through the GOPUSA site (have to get my laughs in), i saw an article where up in NY some schools are resisting 'enrolling' the thousands of new illegals who have been pushed into the NY area (from this years earlier border crossings by teens and kids). But they are getting 'investigated by the board of education and the state attorney general cause
"There is simply no excuse for denying that basic right, which is protected by the Constitution."

Now doing a search (google and bing) for constitutional rights to education, i see several links saying there is nothing of the sort federally, though a state's constitution might have it.
There was also this link saying that
"The right to education is a universal entitlement to education, recognized in the International Covenant on Economic, Social and Cultural Rights as a human right"
http://en.wikipedia.org/wiki/Right_to_education
but admittedly that is also a Wikipedia link, which as many like pointing out are not gospel as they can often be wrong.

So does anyone know OF a site or link that does say education is a right, and as such all illegals should be enrolled in schools?

sandsjames
10-25-2014, 12:19 AM
Doing my daily run through the GOPUSA site (have to get my laughs in), i saw an article where up in NY some schools are resisting 'enrolling' the thousands of new illegals who have been pushed into the NY area (from this years earlier border crossings by teens and kids). But they are getting 'investigated by the board of education and the state attorney general cause
"There is simply no excuse for denying that basic right, which is protected by the Constitution."

Now doing a search (google and bing) for constitutional rights to education, i see several links saying there is nothing of the sort federally, though a state's constitution might have it.
There was also this link saying that
"The right to education is a universal entitlement to education, recognized in the International Covenant on Economic, Social and Cultural Rights as a human right"
http://en.wikipedia.org/wiki/Right_to_education
but admittedly that is also a Wikipedia link, which as many like pointing out are not gospel as they can often be wrong.

So does anyone know OF a site or link that does say education is a right, and as such all illegals should be enrolled in schools?

I do not know of anything. What I do know is that illegals have a right to deportation. Other than that, and the "right" to life, that's pretty much it.

garhkal
10-25-2014, 04:33 PM
So why is it when all these illegals come here, we always hear from the liberal left, that 'we have a moral obligation to give them schooling cause of their right to an education?"

MERC8401
10-27-2014, 06:42 AM
Sounds like a trolling article to me. Meant to incite anger at something that doesn't exist. Beyond your average "human rights", no articles of the Constitution provide rights to people who are non-citizens. I think that article you read is full of sh!t.

efmbman
10-27-2014, 10:17 AM
Beyond your average "human rights", no articles of the Constitution provide rights to people who are non-citizens.

Not exactly true. While it may not be exactly mentioned in the Constitution, numerous court cases have held that equal protection under the law applies to non-citizens and struck down laws and verdicts denying those rights (in effect making it part of the Constitution). Once a person is subject to US jurisdiction, the Constitutional protections apply, therefore articles of the Constitution do provide rights to people who are non-citizens.

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/alienage.html

sandsjames
10-27-2014, 10:22 AM
Not exactly true. While it may not be exactly mentioned in the Constitution, numerous court cases have held that equal protection under the law applies to non-citizens and struck down laws and verdicts denying those rights (in effect making it part of the Constitution). Once a person is subject to US jurisdiction, the Constitutional protections apply, therefore articles of the Constitution do provide rights to people who are non-citizens.

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/alienage.htmlEqual protection, yes. From my understanding, that's referring to the legal protection (lawyer, fair trial, etc). Education does not fall into that.

And that leads to a discussion we've had here before, whether or not education is a "right" for anyone, even citizens.

efmbman
10-27-2014, 12:30 PM
Equal protection, yes. From my understanding, that's referring to the legal protection (lawyer, fair trial, etc). Education does not fall into that.

And that leads to a discussion we've had here before, whether or not education is a "right" for anyone, even citizens.

Correct. MERC wrote that "articles of the Constitution do not provide rights to people who are non-citizens". That's not true - and that's all I was pointing out.

Rusty Jones
10-27-2014, 01:00 PM
I read not to long ago that Douglas MacKinnon called for the southern states to secede and form a country called "Reagan." This was mostly for his personal stances on homosexuality, but all things being considered... why not? I'm beginning to think that, politically, we've become a little too polarized for us all to coexist as one nation anymore. It's a big tug of war, and it may eventually be time to cut the rope and let each side take their half.

MERC8401
10-27-2014, 03:02 PM
Not exactly true. While it may not be exactly mentioned in the Constitution, numerous court cases have held that equal protection under the law applies to non-citizens and struck down laws and verdicts denying those rights (in effect making it part of the Constitution). Once a person is subject to US jurisdiction, the Constitutional protections apply, therefore articles of the Constitution do provide rights to people who are non-citizens.

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/alienage.html

I guess that's what I was trying to say...yes even non-citizens have rights when it comes to "human rights" under the law. So I can't enslave a non-citizen, because all men/women are created equal under the law and have a basic right to freedom. However, they do not have a right to bear arms in our country or to vote. Those rights are not afforded to non-citizens...nor should they be. I do not believe that education is a right under the Constitution...but I could be wrong. I thought it was a social program...until you get into private schools and universities.