Guilt is the source of sorrow, ‘tis the fiend, Th’ avenging fiend, that follows behind, With whips and slings.” Nicholas Rowe, 1674-1718, English writer.
Nothing can explain how America has gotten into the situation she now finds herself other than Nicholas Rowe’s whips and slings on account of the institution of slavery and subsequent racial discrimination that once existed legally in the United States. The vast majority of Americans have moved way past the nation’s earlier history.
This self-loathing from guilt is reflected in Critical Race Theory now swamping our public schools. No amount of factual correction seems to have an impact on its acceptance, the 1776 Report, and other scholarly works notwithstanding.
The Supreme Court has already ruled regarding propaganda in public schools. “If there is a fixed star in our constellation, it is that no official. . . can prescribe what shall be orthodox in politics. . . or other matters of opinion. If there are any circumstances which permit such an exception, they do not now occur to us.” West Virginia State Board of Education v, Barnette (1943). Teachers are public officials and are not allowed to indoctrinate public school students with theory or opinion presented as fact. Many public schools are operating in violation of this ruling.
Since the Civil War, efforts to rectify past practices regarding race have led to dramatic changes in immigration policy with legal theories used in civil rights cases applied to other areas. The results of this massive outpouring of federal legislation have had a dramatic effect on our society. Follow the links below to understand what could turn out to be the unintended consequences of one example of Congressional legislation:
Link #1: The 14th Amendment says, in part – [N]or shall any State deprive any person of life, liberty, or property,. . . nor deny to any person within its jurisdiction the equal protection of the law. In lieu of “person” the word could have been “citizen.” Because of this selection of language, non-citizens, who enter the jurisdiction of a state are “persons” subject to 14th Amendment protections. Only “persons” coming by water and docking in the federal enclave of Washington, DC would enter the country outside the jurisdiction of a state.
Link #2: Following successful civil rights litigation in the Supreme Court, some leading politicians began re-thinking America’s immigration system. Immigrants for many decades were admitted to the United States based on national origins similar to our own. The Hart-Celler Act, 1965, instead emphasized “family reunification” or chain migration as the basis of immigration policy. The ethnic make-up of America changed within a few decades because of this federal law.
Link #3: The Supreme Court in Plyler v. Doe, (1982), mandated that K-12 public education be afforded all children not legally admitted to the United States.
Each of these links is seen by many as reflecting the aspirational values of the nation and was championed by the leading liberal establishments of the day. Other groups then used the same legal and moral reasoning to reach their organizational goals.
One such group, advocates for children with disabilities, argued that children who were unable to conform to ordinary cognitive or physical standards associated with public education were being denied their equal protection and due process rights under the 14th Amendment. We now require that:
Every state must identify all children with disabilities within the state including the homeless and undocumented children living there. A child’s immigrant status may not be revealed to federal immigration or other authorities.
A child legally deemed “a child with a disability” is entitled to a free appropriate public education and related services delivered in the least restrictive environment. These services might include such things as a language interpreter, one-on-one nursing care, and even private schools. All of this at public expense. Unvetted and unrestricted immigration will undoubtedly include many children with severe disabilities.
Also required are transitional services from school to post-school activities that go on way beyond years normally associated with K-12 education. These services are also at public expense.
So, if we follow the links, Link #2 plus our open southern border and re-settlement of thousands of Afghans from the current chaos in Afghanistan, and we apply Link #1, all these “persons” under the 14th Amendment are entitled not only to free K-12 public education, Link #3, but would also be entitled to the extensive services provided for children deemed to be children with a disability or disabilities.
What we have created in our nation, whether through guilt or benign intent, cannot now be sustained financially. The above is just one chain in the financial burden of the country. The source of our sorrow, in addition to guilt, might simply be, “how can the average person keep up with all these unintended consequences of federal policy?” Bottom line: As long as the 14th Amendment grants full Constitutional rights to anyone who touches our soil, America cannot keep creating massive welfare rights at unthinkable costs without bankrupting the nation. Either fix the 14th Amendment or reduce immigration and close all borders. Asylum and refugee claims would need to be made and approved before anyone arrives here.
