legal






 

Question by  apple (447)

Why was Prop 187 held to be unconstitutional?

 
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Answer by  Anonymous

California Proposition 187 was unconstitutional on its face because California (a state) tried to regulate immigration (which is exclusively a federal responsibility). Article 1, Section 8 of the US Constitution, as ruled by the US Supreme Court, is where Congress's exclusive control over immigration comes from.

 
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Answer by  Scott93 (119)

California Prop 187, which would have denied welfare, health care and education rights to illegal immigrants, was struck down by a federal court judge named Mariana R. Pfaelzer. She ruled in 1988 that Prop 187 could not be inacted because only the federal government can make laws regarding immigration.

 
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Answer by  willard (874)

The judge ruled that Prop 187 was a "scheme" to regulate immigration at the state level but that the constitution holds that power is solely reserved for the federal government.

 
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Answer by  Robinsbooks (164)

The court understood that the United States of America was built by and still depends on a steady influx of immigrants who want a better life for themselves and their families. The alternative is to give the country back to the Sioux.

 
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