Thread: Question about Prop 187

Back in the 1990s when Californian's (overwhelmingly) passed Prop 187, it was ruled unconstitutional by a Federal Court Judge. Now, I was only 29 at the time, and not very politically involved (didn't even vote until I was in my early 20's), so I really wasn't that tuned into Prop 187.

My question now is, what was so unconstitutional about not allowing illegal aliens to have access to free (non-emergency) health care, welfare or schooling? I'd like to know where in the Constitution it states that Americans have to provide these things to people who are in the U.S. illegally.

americangirl,

My question now is, what was so unconstitutional about not allowing illegal aliens to have access to free (non-emergency) health care, welfare or schooling? I'd like to know where in the Constitution it states that Americans have to provide these things to people who are in the U.S. illegally.

I'd like our then governor Pete Wilson to answer that question for all of us who voted for prop. 187. And to this day I still don't understand how a Federal judge was able overturn the voters. If the prop. had been left alone we wouldn't be in the mess that we're now facing. Thanks Pete Wilson.

bearpaw:

If the prop. had been left alone we wouldn't be in the mess that we're now facing. Thanks Pete Wilson.

I agree. I don't think ONE judge should have the power to overturn a legal popular vote. It should go to the Supreme Court, at the very least (if at all).

Here is a good summary of what happened. Although Gov Wilson supported it, along with we voters, it was challenged in court and then we got a new Gov Davis who opposed it. Man, was Gov Davis a nightmare!
http://ccir.net/REFERENCE/187-History.html

Thanks, jean. That clears that up.

So why not try again?

americangirl

So why not try again?

Duh! I don't know the answer to that. Does anyone know a lawyer to ask?

187 is law and is still on the books. Once a bill is passed into law it requires another bill to reverse it the reversal never happened. 187 is merely unenforced as a result of the decision f the judge. At some point when there is poltical will in either direction the situation will be clarified.

Richard,

187 is law and is still on the books. Once a bill is passed into law it requires another bill to reverse it the reversal never happened. 187 is merely unenforced as a result of the decision f the judge. At some point when there is poltical will in either direction the situation will be clarified.

Then I think this would be a very very important avenue to explore!! Getting 187 back out there could prove to be a turning point in California!

California would love it along with the rest of us

Yes, I think I did hear that it could be resurrected. Bet Gov Arnold has the power but he won't do it.