Iowa Republican presidential caucuses winner Ted Cruz was born in Canada. His mother was an American, having been born in the United States, who had never renounced her American citizenship. His father was born in Cuba.
Donald Trump, loser in Iowa (but winner in New Hampshire and leading the polls in South Carolina prior to Saturday’s pivotal primary), began trumpeting his latest justification for his election before he lost in Iowa: Ted Cruz was born in Canada. Democrats will take Cruz to court, so vote for The Donald.
The evidence that Barack Hussein Obama was born in Hawaii was always clear to most given the birth announcement in a Honolulu newspaper, but even had the 44th president been born in Kenya, he would still have likely been deemed eligible for the Chief Executive’s office.
Article 3, Section 1 of the U.S. Constitution provides that:
No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.
The U.S. Supreme Court has never been ruled upon the meaning of the phrase “natural born” (which occurs no where else in the founding document) and in most conceivable lawsuit-challenge contexts would likely deem the issue a “political question” and defer the issue to the Electoral College and/or the Congress when they approve or disapprove electoral votes after receipt from the states.
But, what if a state executive official empowered to approve or disapprove candidates for inclusion on primary, caucus or general election ballots were to rule Ted Cruz as not natural born and thus ineligible to serve as President of the United States? In that instance, the nation’s highest court may have to interject itself, much as in the 2000 Florida recount.
Constitutional attorney Andrew McCarthy provides needed insight including from a 2015 Harvard Law Review article, “On the Meaning of ‘Natural Born Citizen,” [by] Neal Katyal and Paul Clement (former Solicitors-General in, respectively, the Obama and George W. Bush admininistrations), [in which they] explain that:
British law explicitly used the term “natural born” to describe children born outside the British empire to parents who were subjects of the Crown. Such children were deemed British by birth, “Subjects … to all Intents, Constructions and Purposes whatsoever.” The Constitution’s invocation of “natural born citizen” incorporates this principle of citizenship derived from parentage. That this is the original meaning is obvious from the Naturalization Act of 1790. It was enacted by the first Congress, which included several of the framers, and signed into law by President George Washington, who had presided over the constitutional convention. The Act provided that children born outside the United States to American citizens were “natural born” U.S. citizens at birth, “Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.”
It is likely, given 14th Amendment Equal Protection clause jurisprudence that residency would be applied to either parent, but in the case of Ted Cruz, his father has resided in the United States for many years.
Birthers also mistakenly cite Section 1 of the 14th Amendment to restrict the definition of “natural born” and “citizenship” even though the clause never mention the former and doesn’t purport to restrict the latter:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.
There was no question at the time of the ratification of the Constitution nor of any of the amendments that the children of Americans born abroad were also American citizens at birth. What the post-Civil War 14th Amendment sought to make clear was that former slaves born in United States were citizens equal to non-slave citizens.
So maybe Donald Trump would do better to return to the issues of building of a border security wall that would save us so much in money now spent to house, educate and medicate illegal aliens that Mexico would in effect “pay for it” and ending the cheap labor/Chamber of Commerce Free trade absolutism policy? We think so.
“One man with courage makes a majority.” – Andrew Jackson
A new city was born after last year’s referendum in the Peach State and it will elect its first mayor and city council this coming March. Since before the War Between the States, the area roughly 15 miles east of Atlanta has been known as Tucker. It was developed by a Scottish entrepreneur who settled there after fighting in the Indian wars in the West.
Now, 200 years later comes an entrepreneur from the West, Kansas to be specific, to Tucker with that same entrepreneurial spirit, who is running for a seat on the first city council for the new City of Tucker, Georgia.
Susan Wood, after starring in high school sports, matriculating at Kansas State University including serving on the Student Senate, and working in the real estate industry in Atlanta, found her way to Tucker during the depths of the post-2008 Housing Bust to manage and later become a partner/owner of the Comeback Bar & Grill. First named Barlows, it took over where even a Taco Mac (the famously successful Atlanta chain) had failed. Flanigans and other Tucker staples failed.
But thanks to Wood’s meticulous attention to product and the needs and wants of her customers and employees, Comeback weathered the economic storms. Now she wants to bring that same frugality and attention to service to the first city government in her adopted home of Tucker, specifically, District 2, Post 2.
Her platform is to first do no harm to the existing business environment in Tucker by raising taxes or other costs of doing business via regulation and fees. Her vision is for Tucker to be the best environment for business in DeKalb County, Atlanta Metro and the state of Georgia.
We think her lack of prior political experience, especially in this political year, should be an asset as she brings a fresh approach from the private sector where she and others struggled to make ends meet while creating jobs. She has succeeded with her conservative approach to business and we think her enthusiasm and history of success could convince voters to elect her to look after their interests in the new city government.
“One man with courage makes a majority.” – Andrew Jackson
DeVine Law Gamecock’s oracle alter ego remains on sabbatical on Portugal’s offshore islands where he has resided since retiring from political predictions after the 2012 debacle. He refuses to engage in imagining the electoral machinations of a people that would re-hire an epic economic and national security failure. Cockstradamus also continues to leave paranoid schizophrenics to medical doctors. Yours truly remains roosted atop Stone Mountain of Georgia and together we share our plans for the new Leap Year aka the latest chance to not put a Democrat in the Oval Office.
Our number one resolution is to never apologize for the fact that Donald Trump leads GOP presidential nomination polls until the Democratic Party apologizes for ever nominating Barack Obama for president. He and his party have decimated the military; prevented all but bankers, the 1%, their cronies, and Mexican drug mules from bailing themselves out since the Housing Bust; persecuted Christians and conservatives via Lois Lerner’s IRS; appeased the Terror State of Iran that Jimmy carter created; and fundamentally transformed the only nation in the history of the world that didn’t need to be so transformed.
Number two, reject the notion that there is any silent conservative majority in the United States or even in the Republican Party.
Three, work to make sure that the most electable non-Democrat is elected president and hope that he or she has the courage to fix a few things Democrats and their enablers in the establishment GOP and wrecked, e.g. job-killing Obamacare etc.
Four, continue watching less TV, no liberal political TV I know what they are going to say before they say it), no commercials, no political arguing, and less PC ESPN non-live game programs.
Five, tip my bartenders more.
Six, remind Democrats to vote on Wednesday.
Seven, make no more resolutions until 2017.
Joint (lest Cockstradamus be further emasculated) predictions: Carolina Panthers win their first Super Bowl, Clemson wins the CFP, Lebron James leads Cleveland Cavaliers to their first NBA championship, Atlanta Braves win 60+ games, Little E wins Sprint Cup, and Ted Cruz is elected President of the United States.
“One man with courage makes a majority.” – Andrew Jackson
Today mark’s the 74th anniversary of the attack on the U.S. Navy by Imperial Japan at Pearl Harbor, Hawaii, shortly after which President Franklin Delano Roosevelt declared December 7, 1941 a “Day of Infamy” and sought and got a congressional Declaration of War seeking “unconditional surrender.”
FDR’s (and later President Harry S. Truman’s) America mobilized and defeated not just Japan, but Hitler’s NAZI AXIS powers as well.
Over fourteen years ago, Islamist terrorists attacked the United States in New York City and Washington, D.C. on September 11, 2001, shortly after which President George W. Bush stood on the rubble that had been the Twin Towers and declared:
“I can hear you!” he declared. “The rest of the world hears you! And the people – and the people who knocked these buildings down will hear all of us soon.”
They soon heard President Bush seek and get a bi-partisan Authorization to Use Military Force (essentially a declaration of war against al Qaeda, affiliates and any entity giving them aid and comfort). After Shock & Awe, Usama bin Laden was soon driven from his safe haven in Afghanistan; the Taliban was removed from power; Saddam Hussein was replaced in Iraq by a regime friendly to the U.S.; Libya unilaterally surrendered its WMD; intel from waterboarding and other enhanced interrogation techniques used on illegal enemy combatants captured in Iraq and elsewhere was used to locate and capture UBL; and tens of thousands of terrorists trained to attack the U.S. homeland were killed in Afghanistan and Iraq.
There has been no second 9/11 thanks mostly to these and other actions.
Last month, the Islamic State that arose in an Iraq abandoned by President Barack Obama as part of his campaign promise to “end wars”, attacked Paris; and last week attacked San Bernardino, California. Last night President Obama spoke to the nation from the Oval Office, for only the third time of presidency, and essentially reiterated his “there’s nothing to see here but a JV team” mantra with a shift to gun control and climate change.
Obama can’t hear us and doesn’t intend to make terrorists hear us later, much less sooner. In fact, every time Islamic State hears Obama and the Democrats declare “climate change” as our number one threat, they are emboldened to kill more Americans and take more territory.
Obama started his political career in the Chicago living room of a Weather Underground terrorist, Bill Ayers and seems determined to finish it waging war on the weather, rather than Islamist terrorists, above ground, who he pretends don’t actually exist.
Obama is no Dubya, much less a Roosevelt. What does America need? At least…
“One man with courage [who can] makes a majority [willing to fight and defeat Islamic State].” – Andrew Jackson
DeVine Law appreciates the support shown by people from around the country and those who gathered in support of Rowan County, Kentucky Clerk of Court Kim Davis, when she was released from jail earlier this week for refusing to issue same-sex marriage licenses under her name and from her office, as ordered by a federal District Court judge. Her letter from the Clark County Jail emphasized her objections as a Christian, to aiding and abetting same-sex marriage.
Republican U.S. Rep Thomas Massie of the Blue Grass state was among those, along with GOP presidential candidates Mike Huckabee and Sen. Ted Cruz of Texas.
“I’m here because five Supreme Court justices stole my job. They legislated. They wrote law,” Massie said.
Bravo Rep. Massie. He refers to the recent U.S. Supreme Court decision in Obergefell declaring same-sex marriage a “right” out of thin Anthony Kennedy plus four other lawyers’ air. It’s too bad this was not the focus of Kim Davis’s civil disobedience because nothing in Scripture prohibits a government from defining marriage differently from the ideal described in Genesis by God the Father and in the Gospel of Matthew his son Jesus; nor does the Bible prohibit a Christian from exercising duties for the government associated with same. Moreover, God indulged polygamy even among his leaders in the Old Testament.
That said, DeVine Law did not agree with some fellow Christian conservatives such as Redstate’s Erick Erickson who said Davis “ought” to “just” resign. That’s essentially what then Brown v Board lawyer Thurgood Marshall told the civil disobedience icon of his day, Rev. Dr. Martin Luther King Jr. Get off the streets and let the lawyers do the work. But visuals of oppression are sometimes better than legal briefs in advancing the ball for self government by We the People.
Would it have been acceptable for an elected official to “just resign” over a matter of conscience”? Surely, but less so had she made her case on the grounds that the “law” of Kentucky still obtained given that the Obergefell decision was issued in violation of the Constitution.
Thomas Jefferson, Andrew Jackson and Abraham Lincoln all objected to the notion of the court as being the final arbiter of the meaning of the founding document and, as elected executives like Davis, occasionally defied court decisions.
(For the record, we consider Huckabee’s claim that a state must pass a statute to effectuate a court decision to be specious. Liberal gun control-favoring state officials have delayed compliance with recent pro-Second Amendment rulings and this way.)
As for DeVine Law, we will focus on what Supreme Courts, Congresses and presidents ought to have done and not done. We leave Davis to the wolves from whom Christ and lawyer will protect her. Meanwhile, we said before her release, why not allow Davis the same freedom from jail that Obama and court lawbreakers enjoy, with the only caveat being she be enjoined from going to her office until she will submit to made up “law”?
Davis, it turns out had better lawyers than Erickson or DeVine, as hers worked out an accommodation to allow her to return to work, so long as she did not prohibit her deputy clerks from issuing the licenses. Bravo for her even if DeVine Law doesn’t generally favor such accommodations even in the private sector. We don’t think that the First Amendment’s Free Exercise clause empowers government to carve out exceptions to the general law to allow only certain Indian tribes to use illegal drugs nor to force Abercrombie & Fitch to make exceptions to their dress code for a Muslim. So we certainly do not think that every government employee should be able opt out enforcing any law they think conflicts with their religion.
Before Kentucky Clerk Davis resigns or is impeached, those five usurpers on the US SupCt should first. Nothing is more clear than that the Supreme Court unconstitutionally made law by inventing rights to same-sex marriage, and abortion for that matter, that are not in the Constitution. Davis has a legitimate grievance along with all constitutional conservatives, i.e. those who can read and understand the English language. The so-called new “law” granting a “right” to marry a person of the same sex was issued by five Oligarchs, posing as Supreme Court justices, who usurped the right of We the People to make laws via legislatures and amend the Supreme Law of the Land that is the U.S. Constitution only via its terms. The right to same-sex marriage in Kentucky and other states that have not enacted same, is more akin to an order issued by an Al Capone or Fidel Castro than a “law”.
For this reason, she walks in the righteous civil disobedience footsteps of MLK. She is, as he was, a flawed vessel. We take our heroes as they are. I respect the arguments of those who argued for resignation, but not that it was the “only” respectable course. Her lawyers found another respectable way, even if applied generally it would create chaos. This was a contempt case and a specific remedy was found.
Maybe if conservatives eventually succeed in their alliance with The Left in getting Kim Davis out of office they will support an interim Rowan County, Kentucky Clerk of Court who was granted amnesty under Obama’s made-up Executive Order, i.e.”Law”.
“One man with courage makes a majority.” – Andrew Jackson
Even while serving as a Southern Railway, and later, Norfolk-Southern lawyer for the Carmens International labor union during the 1990s in South Carolina, Lawyer Michael Auburn was uncomfortable with the notion that Labor Day and the Labor Movement were so singularly associated with labor unions by so many. Labor, he says, is the promise of American Liberty to all Americans, most of the fruits of which laborious happiness pursuits one is deemed entitled to keep and much of which is accomplished via the sweat of entrepreneurs’ brows. Their labor involves the kind of risk-taking usually necessary to produce good-paying jobs for others. In short, owners’ work, i.e. labor should be celebrated just as much or more than the employee variety usually associated with this national holiday. Especially given the latest U.S. Jobs Report showing the lowest labor participation rate since the days of the 1970s Misery Index.
The literal “movement” of labor has nearly reached the same stasis under Obama (less than 2% growth = anemic) as the organized private sector variety did at least two decades. Even FDR opposed the notion of public sector government unions bargaining with itself with taxpayers money. The major impediment to economic growth, bringing discouraged workers back to the labor force, allowing part-time workers to work full time and wage growth are the taxes and regulations of Obamacare, Dodd-Frank and other Obamanomics anti-business impediments. Then there is the rapid automation via robots and other machines. Continue reading
DeVine Law Gamecock moved from Spartanburg, S.C. to Atlanta in the Summer of 2001 and came face to face with the Left in power and in the raw. I came face to face with stifling Political Correctness. I came face to face with liberal racists who treated Blacks like disabled children. I came face to face with visceral hostility to people of faith in the Democratic Party and the cowardice of people of faith within it worse than I had ever seen. And I worked with a Black conservative who called me out and told me to read Robert Bork’s books.
Why was I ripe for a conversion? I now see that I probably stayed in the Dem Party despite having misgivings about it since soon after I first came of age because to have converted in my hometown would have meant almost a betrayal of my friends and a surrender to many people I despised in the Republican Party who I knew. Continue reading
DeVine Law Gamecock had a recent debate on Facebook with a liberal Democrat bemoaning my bemoaning of the reluctance of the government and media to ask for or report the immigration status and country of origin of illegal aliens convicted of crimes. LibDem said I was “seeking groups to hate”. Yes, astounded me too.
Every person on earth can’t move to the USA and we remain exceptional and certainly not exceptional enough to deter and defend against the non-benevolent Iranian mullahs, ISIS, Red Chinese and Putins of the world.
LibDem objected to any suggestion that a rape-culture exists in many Third World cultures. It does. The Left praises “multi-culturism” and so they oppose assimilation. Ours is no better than any other, they say; yet we only see foreigners coming here. There is no mass exodus of Americans away from America. LibDems are not moving to Mexico, other countries in Latin America, Vietnam or other Asian nations where the age of consent is 12 or non-existent, or where the mothers and fathers of 13 year-olds are happy when their daughter is pregnant due to her rape by an uncle. Adios America by Ann Coulter meticulously documents all of the above and more. Continue reading