Originally posted by: MovingTarget
Originally posted by: Rainsford
Originally posted by: MovingTarget
All the talk about the PR term aside, I feel the judge overstepped his authority here. He is injecting himself too far into what should be a solution from the legislature(s). As a matter of policy, giving licenses to illegal immigrants is something that should be of public debate, and handled by the legislature. What I don't understand is why he said that not giving them licenses is unconstitutional. They are not citizens, and drivers licenses are not a right. I'd like to see this judge's reasoning as to why this is a CONSTITUTIONAL issue. People seem to throw the term unconstitutional around too much for laws/policies they simply do not like or agree with.
You do not have to be a citizen for the constitution to apply, that's pretty well settled law. I'm not sure it applies to illegal aliens, but it certainly applies to non-citizens. I think it would take a Supreme Court case to decide whether or not the constitution applies to people who are illegally on US soil.
Good point there about it applying to non-citizens as well. Although non-citizens still have the same rights as citizens under the constitution (barring voting and running for high public office), I still don't see how only allowing citizens, or at least those here legally, to get a license to operate a motor vehicle is unconstitutional. Unless they are specifically denied that due to their sex, race, religion, etc then I do not think that this restriction violates the constitution.
Even those here legally can be denied a license for a number of reasons. There are many requirements to obtaining a license, including physical ability, proved proficiency (via testing), age, etc. One of those requirements just happens to be that you are in the US legally. If that is unconstitutional, I would seriously like to know how. I'm not trying to argue that they should or shouldn't get them. I just am curious as to how this is a constitutional issue as this judge claims.