Further,
The Constitution does not define "person" in so many words. Section 1 of the Fourteenth Amendment contains three references to "person." The first, in defining "citizens," speaks of "persons born or naturalized in the United States." The word also appears both in the Due Process Clause and in the Equal Protection Clause. "Person" is used in other places in the Constitution: in the listing of qualifications for Representatives and Senators, Art. I, § 2, cl. 2, and § 3, cl. 3; in the Apportionment Clause, Art. I, § 2, cl. 3; in the Migration and Importation provision, Art. I, § 9, cl. 1; in the Emolument Clause, Art. I, § 9, cl. 8; in the Electors provisions, Art. II, § 1, cl. 2, and the superseded cl. 3; in the provision outlining qualifications for the office of President, Art. II, § 1, cl. 5; in the Extradition provisions, Art. IV, § 2, cl. 2, and the superseded Fugitive Slave Clause 3; and in the Fifth, Twelfth, and Twenty-second Amendments, as well as in §§ 2 and 3 of the Fourteenth Amendment. But in nearly all these instances, the use of the word is such that it has application only postnatally. None indicates, with any assurance, that it has any possible pre-natal application.
Just for more fun to disprove your argument Plyer vs. Doe was based against illegal immigrants. Not Prenatal rights in the least bit.
In considering this motion, the District Court made extensive findings of fact. The court found that neither § 21.031 nor the School District policy implementing it had "either the purpose or effect of keeping illegal aliens out of the State of Texas." Respecting defendants' further claim that § 21.031 was simply a financial measure designed to avoid a drain on the State's fisc, the court recognized that the increases in population resulting from the immigration of Mexican nationals into the United States had created problems for the public schools of the State, and that these problems were exacerbated by the special educational needs of immigrant Mexican children. The court noted, however, that the increase in school enrollment was primarily attributable to the admission of children who were legal residents. It also found that while the "exclusion of all undocumented children from the public schools in Texas would eventually result in economies at some level," funding from both the State and Federal Governments was based primarily on the number of children enrolled. In net effect then, barring undocumented children from the schools would save money, but it would "not necessarily" improve "the quality of education." The court further observed that the impact of § 21.031 was borne primarily by a very small subclass of illegal aliens, "entire families who have migrated illegally and -- for all practical purposes -- permanently to the United States." Finally, the court noted that under current laws and practices "the illegal alien of today may well be the legal alien of tomorrow," and that without an education, these undocumented children, "[already] disadvantaged as a result of poverty, lack of English-speaking ability, and undeniable racial prejudices, . . . will become permanently locked into the lowest socio-economic class."
The District Court held that illegal aliens were entitled to the protection of the Equal Protection Clause of the Fourteenth Amendment, and that § 21.031 violated that Clause. Suggesting that "the state's exclusion of undocumented children from its public schools . . . may well be the type of invidiously motivated state action for which the suspect classification doctrine was designed," the court held that it was unnecessary to decide whether the statute would survive a "strict scrutiny" analysis because, in any event, the discrimination embodied in the statute was not supported by a rational basis.
(
http://www.mc.maricopa.edu/~bjordan/PlylervDoe.html)
And again I will further scrutinize some more of your defense.
The fourth ammendment was protection from unneccessary searches...nothing at all too do with this particular issue. Read.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
And to further some more issues with the ninth ammendment
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
This ammendment was included to insure that any powers not given to the government were then given to the people. Thus controlling the amount of power the federal government had to regulate.
" NINTH AMENDMENT
__________
UNENUMERATED RIGHTS
[[Page 1503]]
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
RIGHTS RETAINED BY THE PEOPLE
Aside from contending that a bill of rights was unnecessary, the
Federalists responded to those opposing ratification of the Constitution
because of the lack of a declaration of fundamental rights by arguing
that inasmuch as it would be impossible to list all rights it would be
dangerous to list some because there would be those who would seize on
the absence of the omitted rights to assert that government was
unrestrained as to those.\1\ Madison adverted to this argument in
presenting his proposed amendments to the House of Representatives. ``It
has been objected also against a bill of rights, that, by enumerating
particular exceptions to the grant of power, it would disparage those
rights which were not placed in that enumeration; and it might follow by
implication, that those rights which were not singled out, were intended
to be assigned into the hands of the General Government, and were
consequently insecure. This is one of the most plausible arguments I
have ever heard against the admission of a bill of rights into this
system; but, I conceive, that it may be guarded against. I have
attempted it, as gentlemen may see by turning to the last clause of the
fourth resolution.''\2\ It is clear from its text and from Madison's
statement that the Amendment states but a rule of construction, making
clear that a Bill of Rights might not by implication be taken to
increase the powers of the national government in areas
[[Page 1504]]
not enumerated, and that it does not contain within itself any guarantee
of a right or a proscription of an infringement.\3\ Recently, however,
the Amendment has been construed to be positive affirmation of the
existence of rights which are not enumerated but which are nonetheless
protected by other provisions.
\1\The Federalist No. 84 (Modern Library ed. 1937).
\2\1 Annals of Congress 439 (1789). Earlier, Madison had written
to Jefferson: ``My own opinion has always been in favor of a bill of
rights; provided it be so framed as not to imply powers not meant to be
included in the enumeration. . . . I have not viewed it in an important
light--1. because I conceive that in a certain degree . . . the rights
in question are reserved by the manner in which the federal powers are
granted. 2. because there is great reason to fear that a positive
declaration of some of the most essential rights could not be obtained
in the requisite latitude. I am sure that the rights of conscience in
particular, if submitted to public definition would be narrowed much
more than they are likely ever to be by an assumed power.'' 5 Writings
of James Madison, 271-72 (G. Hunt ed. 1904). See also 3 J. Story,
Commentaries on the Constitution of the United States 1898 (1833).
\3\To some extent, the Ninth and Tenth Amendments overlap with
respect to the question of unenumerated powers, one of the two concerns
expressed by Madison, more clearly in his letter to Jefferson but also
present in his introductory speech. Supra, n.2 and accompanying text." (
http://www.gpoaccess.gov/constitution/html/amdt9.html)
Again Might I emphasize my use of sources/constitutional arguments/supreme court decisions.
Edit:I will again say Undeadcheese that you have no idea what you are talking about.
Edit:I will also further ask if you are going to site a court case that you actually fully read what the case is about instead of deciding on your own based on a one paragraph description you got out of some book. Do the research and back it up with real facts. Don't stretch the truth too something it is not. As I have clearly stated in the above arguments all of your ammendment issues/court cases which you have brought up have been shot down and will now be considered null and void. Thank you. Have a nice day.
Good ****ing Night
