tag:blogger.com,1999:blog-14162253.post8491122695461372742..comments2024-03-28T18:57:15.124-06:00Comments on Wash Park Prophet: In State Tuition For Non-Citizens Illegal?Andrew Oh-Willekehttp://www.blogger.com/profile/02537151821869153861noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-14162253.post-60604357888142455732008-09-17T12:26:00.000-06:002008-09-17T12:26:00.000-06:00More importantly, Congress is given the express po...More importantly, Congress is given the express power to regulate immigration and naturalization.Andrew Oh-Willekehttps://www.blogger.com/profile/02537151821869153861noreply@blogger.comtag:blogger.com,1999:blog-14162253.post-18970198966474655642008-09-17T10:46:00.001-06:002008-09-17T10:46:00.001-06:00This comment has been removed by the author.Michael Malakhttps://www.blogger.com/profile/10007582156392845677noreply@blogger.comtag:blogger.com,1999:blog-14162253.post-51026097234289835652008-09-17T10:46:00.000-06:002008-09-17T10:46:00.000-06:00This gets into the distinction between a federal c...This gets into the distinction between a federal citizen and a state citizen.<BR/><BR/>If a state were to grant state citizenship and voting rights to an immigrant who the federal government declares is here illegally (i.e. a non-federal citizen), it seems to me the cited federal statute barring states from granting in-state tuition to such a state citizen would violate the Tenth Amendment.<BR/><BR/>But no court would agree with me, as the courts have interpreted the Commerce Clause to nullify the Tenth Amendment.Michael Malakhttps://www.blogger.com/profile/10007582156392845677noreply@blogger.com