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As I see it Governor Schwarzenegger could have enforced Proposition 187 Few realize that Proposition 187, including the provision barring illegal aliens from attending public schools, is the law of the state of California. CALIFORNIA CONSTITUTION ARTICLE 3 STATE OF CALIFORNIA SEC. 3.5. An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power: (a) To declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional; (b) To declare a statute unconstitutional; (c) To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations. Proposition 187 did not reach the appellate court because Gov. Gray Davis killed it before it did. I tried to recall Davis but failed – mostly due to lack of funds caused by a blackout by the media. Gray Davis was finally recalled after he signed a bill to give illegal aliens drivers licenses. Arnold Schwarzenegger was elected Governor or California over the issue of illegal immigration. Then he dodged it. All that had to happen was for Schwarzenegger to move to enforce Proposition 187's prohibition against allowing illegal aliens to enroll in a public school. The order would have been immediately challenged in the courts and Proposition 187 would have been on its way to the U.S. Supreme Court – where it should have been ten years ago. Schwarzenegger knew this but was afraid to tackle this critical issue. The lacked the courage to wrestle with an issue of life-and-death for California. In other words, he was and is a coward – a Girly Man. |
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