In 1994 Governor Wilson was swept to reelection with the overwhelming support surrounding the "Save Our State Initiative" also known as Proposition 187. The traditional wisdom is that a wise woman, federal district court Judge Mariana Pfaelzer, wielding a TRO, slew 187 in cold blood with a permanent injunction. The life force of law that would require schools, hospitals, police and other state agencies to verify citizenship before making state services available was dispatched for realms beyond the understanding of liberal judges. But this was only the beginning. For in Prop. 187 are the immortal words of Obi-wan Kenobi fulfilled: "You can't win, Darth. If you strike me down, I shall become more powerful than you could possibly imagine."
It was during a critical battle in which the Death Star of liberalism, social welfare, was under assault by impertinent battalions of congressional Republicans, that certain Snub Fighter pilots began to hear what can only be called the "voice" of the murdered bill as it echoed spiritual guidance. President Clinton, after a visit with the spirit of 187 itself, signed the Personal Responsibility and Work Opportunity Reconciliation Act (Welfare Reform or PRA), and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA). While not entirely destroying the Imperial forces of dependency government, the victory was significant. The Rebel Alliance rejoiced as, for a brief moment, the federal budget was balanced! Both federal reform measures contained Proposition 187 style logic that greatly limited funding and services for immigrants, documented and undocumented. Large tracts of Proposition 187's life force now lived again unchallenged in heavenly domains of settled federal law.
Back in the California's 9th circuit federal court, in the cold tomb where California's "Save our State Initiative" lay, only the clothing of the bill remained. By 1999, bold 187's spirit had long since departed. Governor Gray Davis, who had promised to uphold his duties towards 187, instead turned to the darkside, and with the help of a coven of 9th circuit liberal appeals judges, buried the clothes of 187 in a landfill piled high with the broken shells of legal chicanery.
Yet, Obi-wan's spirit lives. If the people of California will apply the elements of Proposition 187 that federal law now grants, their state can be saved. For instance, Governor Schwarzenegger's original proposal to eliminate CALWorks to Kids (item 17) saves tax payers 1 billion, 309 million dollars. Of the 1.3 million people receiving CalWORKS benefits, 1 million are children. Why, then is this called CalWORKS if most minor dependent children are too young to work? CalWORKS is supposed to assist families, and, therefore, parents if work requirements are met. Certainly some parents have more than one child in the family. However, the biggest reason the number of children is so high is that the Federal Welfare reforms do not allow undocumented parents to receive aid. The undocumented parents file on behalf of their children who have birth certificates in California. The spirit of Obi-wan lives! How much greater would the tab have been without welfare reform!
However, the Governor has already balked on saving the 1.3 billion. Now he wants some sort of increased efficiency. Again, if the Terminator will use the Force, Obi-wan will be with him. Because of the federal laws, the undocumented immigrants have testified to their status in order for their children to receive aid. The Governor can achieve more than his desired efficiency by simply having a stated policy of forwarding the information of the undocumented, illegal immigrants to federal authorities. This alone will save millions of dollars. Then, actually forwarding the documentation will save millions and millions more. This reporting policy is already part of a future ballot initiative.
Liberal Democrats despise such accountability, but they would be wise to head this initiative off at the pass by allowing this logical reporting as a CalWORKS reform. This new initiative has a number of extreme measures involving fingerprinting and special birth certificates. The more extreme measures may well draw out of state financial support from groups that favor national identification cards and laws denying the "anchor" children of undocumented immigrants citizenship. Undercutting the reporting clauses with responsible government might keep such an initiative from gaining traction. If, as is likely, federal agencies take no action on the reports, California can, at least, make a plain case for federal reimbursements.
Taxpayer aid to undocumented workers is simply welfare for huge agribusiness and manufacturing interests. The undocumented immigrant is valuable to Californians, especially to their employers who first exploit the undocumented immigrant and then exploit the California taxpayer. Let big business pay a proper wage. If they won't, let's put them out of business. Small, honest businessmen have always been what make this country run. This same reporting policy can be used to reform non-medical emergency community health programs (Item 23) to the tune of 34 million dollars and non federalized Medi-Cal programs (Item 11) saving even more than 34 million dollars proposed.
Perhaps the largest tax saving element of Proposition 187 was lost somewhere in the transmigration. It is estimated that Californians spend billions of dollars a year educating undocumented immigrants. Perhaps a "whosoever will may come" model is an enlightened one at that. School savings, though, should be initiated on this premise. Reduce the legal requirements for K-12 attendance from eighteen to sixteen and allow undocumented immigrants to stay home if they choose. Do not issue truancy violations to undocumented immigrants.
Update 9/09/2009:
The petition mentioned in paragraph 6 can be found here: http://taxpayerrevolution.org/. It was only in the works when this artilce was published.
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©2009 Paul Benedict, all rights reserved. You must have written permission from the author in order to republish this work.
Published: Thursday, July 9, 2009
Last modified: Wednesday, August 19, 2009
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Reader Comments:
Posted By: A Reader
Date: 2009-07-10 14:00:38
One judge derailed the will of 2/3 of California voters despite full blown deception campaign on TV. Her ruling was flawed and devoid of sound legal foundation. It had no chances surviving an appeal. Well, then-governor Davis failed to file an appeal.
The result is ridiculous. A common sense measure overwhelmingly supported by the citizens has been "invalidated" by a trick of notorious lwyers, Peter Shey being the leader of the pack. It's a shame that the American democracy can be disabled by few manipulators who learned ho to use our judicial system against its people.
Posted By: Paul Benedict
Date: 2009-07-10 16:15:55
Davis actually quashed the appeal and "settled" out of court.
Yes, the facts are so tragic I felt only an allegory could express it correctly. Liberty is engrained in the human heart. It's more faithful than death or taxes, but you won't find that in the press.
Posted By: Toby
Date: 2009-07-11 09:58:40
What is wrong with this picture?
American citizens of California overwhemingly passed
Proposition187 and an idiotic Judge overturned it?
Since when have the voters had their votes overturned in California?
More BS against the AMERICAN CITIZEN!
And just look at the condition of California today!