Jim Delaney's Posts (36)

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When we ignore the Constitution in our “righteous” quest to safeguard the 2nd Amendment, we are little better than the Bloomberg crowd.

Currently under consideration by Congress, the Conceal Carry Reciprocity Act (HR38) would expand our right to carry across State lines, compelling sovereign States to defer to federal authority  in such matters.

Please understand that the ONLY authority over arms delegated to the federal government by the States is Art I Sec 8, Clause 16 which, per the Militia Act of 1792, empowers the feds to organize, arm and discipline the Militia. That’s it!!!

The 2nd Amendment was wisely intended by our founders to limit the federal government—not the States. It was intended to prohibit the federal government  from regulating a citizen’s right to bear arms outside a citizen’s duty as a militia member.

So, while the feds may constitutionally protect a State citizen’s right to be armed in order to carry out his responsibility as a member of the State Militia, the federal government is not constitutionally empowered to in any way extend its authority beyond that specific purpose.

State Constitutions define their citizens’ 2nd Amendment rights, and if a State Constitution inadequately protects citizens’ 2nd Amendment rights, then citizens of that State are duty-bound to amend the State Constitution—NOT to encourage the federal Leviathan to superimpose its superimpose its 2nd Amendment desires on the States.

Though the Reciprocity Act is a wonderfully convenient remedy for conceal carry gun owners to carry across State lines unimpeded, the Act is blatantly unconstitutional. That must matter to us all, for if we permit the feds to illegitimately grant “rights”, at a future date the feds may just as easily deny those “rights”, reducing God-given and constitutional rights to nothing more than federal “privileges”.  Is that what NRA patriots want? God, I hope not!!

As an NRA member in good standing for many years now, when it comes to protecting citizens’ rights to be armed, the Constitution must ALWAYS  be our guide—NOT any short-sighted desire for personal convenience.  

Assailed from all sides today, the Constitution was intended to be the Supreme Law of the Land. Let’s try to restore it to that lofty status. Let’s not foolishly, unwittingly—or conveniently—subvert it.

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9th Circuit's Judicial Tyranny

Let me be as crystal-clear as I can be. Madison and Jefferson–and even super-nationalist Hamilton– warned us against an unregulated judiciary.

Per the Constitution, the supreme law of the land, Trump’s within his constitutional authority to IGNORE lawless judicial “rulings”. This also extends to constitutional Congressional acts somehow divinely deemed by the courts to be unconstitutional. 

We have forgotten that court rulings are NOT enforceable rulings or law. They are unenforceable OPINIONS, and nothing more. Their opinions don’t have the force of law, but of “moral authority”. Drill that paragraph into your head.

In short, since officers in each branch of the federal government take an oath to preserve, protect and defend the constitution, by these officers’ permitting unconstitutional judicial opinions to be treated as law they are VIOLATING their oaths of office.

Trump should have the moral clarity to nullify/ignore judicial rulings/opinions which are, like the 9th circuit’s recent “ruling”, blatantly lawless usurpations of the Constitution and of Executive authority.

People, read Art III and Article VI para 2 of the Constitution.The supreme law of the land are NOT the presumably divine pronouncements of the federal judiciary, but the CONSTITUTION itself. And until we understand this, judicial tyranny will continue.

As for me, I don’t want a gaggle of unelected, entirely mortal, corruptible, black-robed unaccountable jurists to continue ruling our country and our lives.

The final arbiters of what is and what is not constitutional are We the People, and that’s precisely how our founders saw it. If we continue to permit judicial tyranny to rule our lives we are unwitting–or willing–agents of our republic’s self-destruction.

Finally, it is well past time to initiate an amendment to tighten up restrictions on the judiciary by returning the federal judiciary, top to bottom, to its original role as clearly expressed by our founders. But, first, we must all READ THE CONSTITUTION and the words of Madison, Hamilton and Jefferson–not revisionist case law which has served only to subvert original intent and meaning.

Until we get this right, this republic remains but a fiction.

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In today’s hearing, the Democrats' shameless effort to deliberately and wholly distract attention from Hillary’s felonious behavior with respect to emailgate and AG Lynch’s consistently stonewalling relevant emailgate queries were on full display. It was sickening..

The primary purpose of the Republican committee members’ questions to the AG was to determine whether or not there is a difference between “extreme carelessness” and “gross negligence”, and whether or not “intent” is necessary to prove that US Code Section 793 was violated.  Asked again and again what the legal distinction was, AG Lynch routinely deferred to Comey and her “team “ of career Justice Department attorneys. After all, she’s only the Attorney General. Why would she be expected to answer such a legal question?

Committee Democrats' deflecting attention from Hillary’s “extreme carelessness” by pretentiously asserting their caring about “more important” issues like the death of black victims in Louisiana and Minnesota as well as the assassination of five Dallas police officers was their painfully self-serving way of dodging the burning issue of Hillary's lawlessness and electability--the Rule of Law obviously of considerably less concern to them.

Once again, the ideological lines have been drawn, and there is zero interest on the part of the Democrats to uphold their oath of office and to honestly, objectively address Hillary’s lawlessness. 

Who suffers by this charade and gross irresponsibility: nothing less than the Rule of Law and the Constitution of the United States.  And without either, there can be no equal justice under the law, no Liberty, no republic, and, most certainly, no chance for restoring public trust in government.  

In short, we, once citizens of America but now subjects of Leviathan, have again been duped, dismissed and utterly ignored.  

Get this through your heads: this is no longer a constitutional republic; this is now very clearly a country where the rule of Man, not of Law, is preeminent.

Welcome to the Banana Republic of America—clearly NOT the country for which  I and my veteran friends fought and died, and certainly not the country for which those thousands of patriots who preceded us were maimed and died in her defense.

We must now look to our Founders for solace, yes, but also for their wise counsel and remedies. Those Founder-sanctioned and inherently rightful remedies are Civil Disobedience to express our unwillingness to submit to intolerable acts of government, State Nullification of unconstitutional federal acts in order to restore the State-Federal balance of power, Secession to defend constitutional order on at least the State level, or Rebellion in the face of tyranny. 

The choice before us couldn't be more stark: to restore our constitutional republic--while we are still able to do so--or to accept submission to Leviathan.

What will YOU choose?

"If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify." Alexander Hamilton

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Hillary Lucks Out Again

Well, the suspense is over.

Today, FBI Director Comey announced that he will not recommend criminal charges, observing only that Hillary was "extremely careless" with her handling of classified email, and alluding to a potential misdemeanor offense if the Justice Department is willing to go that route.

th?id=OIP.M8fefb31e563040329858ad8d4006610eo2&pid=15.1I'm sure she and her hubby are deliriously relieved and happy, as are her flipper-flapping loyalists. Let the Clinton camp's insufferable faux indignation and shameless spinning begin. Wretch...

Despite Mr. Comey's reputation as a straight-shooter and above the political fray, his description of her handling of classified material as "extremely careless", aka grossly negligent,  should offer us no solace. In fact, it is a perfect bumper sticker for those of us who are justifiably opposed to a Hillary presidency. The terrible truth is "extremely careless" and grossly negligent pretty much sum up what Hillary is all about--from Emailgate, to Benghazigate, to Whitewater, etc. etc. etc.

The bigger question for me is what of the many Americans currently serving time for doing exactly what Hillary has done, i.e. carelessly handling classified and official emails? Let's face it, folks, she got off light--and WE ALL KNOW IT. That said, there is a silver lining:  this poses an opportunity for those imprisoned for having committed similar offenses to appeal their convictions. 

In any event, we'd best get used to a system that, in the end, favors the well-connected and powerful. You and I would be in jail with some of our fellow citizens, or at the very least, we would have been officially reprimanded and probably fired from our job. Regardless of one's political stripes, no reasonable and civic-minded American can deny that scenario with a straight face.

Lingering, of course, is the scandal-riddled Clinton Foundation. And how that plays out in the judicial system and the court of political opinion is anyone's guess.

One things for certain, folks: when it comes to scandal, skirting the law and routine lying, the Clinton underworld is always a target rich environment, which begs the question, are thoughtful, civic-minded Americans willing to tolerate four more years of the Clinton Mafia?  
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If Indicted, Can Hillary Prevail?

I did some digging to get a somewhat cogent answer to that question, and , in brief, here is what I found so far:

First, while there is a consensus that there are sufficient grounds for the FBI to recommend indictment, the chances of the Lynch-Obama duumverate permitting indictment is, at best and for purely political reasons, slim.

Second, if the charges are sufficiently egregious (multiple felonies), and if the Justice Department does not refer the matter to a grand jury for review and possible prosecution, it is generally believed that there will be electrifying high-profile resignations from and sensitive leaks by the FBI, the intelligence community and the Justice Department which, presumably, would adversely affect Hillary’s ability to win at the convention or in a general election.  

Third, from a constitutional standpoint there is no legal reason for Hillary to withdraw her candidacy before the convention, and Hillary, with the assistance of the media, would draw upon “the court of public opinion” to get elected and to see her through to inauguration in January.  (Note: the Constitution only lists qualifications for a president, not disqualifications; adding ex post facto disqualifiers would be unconstitutional.)

Fourth, since it’s a near certainty that Hillary will not withdraw even if indicted before the convention,  a “brokered convention”  might well ensue which could force her out. Though her delegates are committed to supporting her on the first round of balloting, the 712 super delegates could easily bolt and rally around another candidate if they felt the chances of her election had been seriously jeopardized. Party loyalty could well trump loyalty to Hillary.

Fifth, if Hillary is indicted, there is no constitutional requirement for her to withdraw. Period.

Sixth, if Hillary is indicted, wins the general election and delays the trial until after inauguration in January, per Art II Sec 4 only impeachment by a majority in the House and conviction by 2/3 vote in the Senate can remove her from office. (Note: indictment is not an impeachable offense;  and an impeachable offense is not necessarily an indictable offense; impeachment is a political process.) And if she’s not convicted by the Senate, which is the most likely scenario, Hillary skates free—at least while she’s president. If she leaves office before the 5-year statute of limitation which begins ticking from date of indictment is met--in other words, she’s not elected to a second term--she can still be tried. (Note: for terrorism and financial crimes the statute of limitations is 8 and 10 years respectively.)

Seventh, a sitting president can order the AG to drop all charges, or to not either pursue prosecution or to enforce any sentence imposed. Such an action would surely place into question her constitutional responsibility to “faithfully execute the laws” of the United States and would be, therefore, an impeachable offense.

Eighth, since there is no limit on a president’s pardoning authority, but as no president or governor has ever attempted to pardon himself/herself in the past, Hillary’s pardoning herself would be unprecedented and could easily be construed by the public and Congress as morally—not legally—reprehensible.  The repugnancy of a self-pardon might well be sufficient for an otherwise reluctant Congress to impeach, try and remove her  from office.

Conclusions: my guess is that a narcissistic Hillary Clinton would be more than willing to put the country through the wringer to achieve political power--public interest, traditional standards of rectitude and moral conduct be damned.

If nothing else, these unseemly developments should spark renewed interest in an Art V Convention of States to tighten up qualifications for presidential candidates, to say nothing of limiting the constitutional authority of an increasingly imperial Executive Branch. These acrid developments should also both incur the moral outrage of the People and encourage individual States to  review their election standards as well.

If the charges are as substantive, well-founded and egregious as many on both the left and right agree they are, and if 1) Hillary wins the general election and, 2)  Congress abdicates is constitutional responsibility to impeach and remove her from office, then all bets are off as to the viability of this once venerable constitutional republic. If massive marches on the White House to force her resignation are not attempted or don't succeed, then secession or rebellion can be Americans' only salvation.

Opinerlog.blogspot.com

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In an excellent article today entitled "Trump Vows to Fight Democrat Racism, Sexism", Breitbart News reports that Trump intends to expose Democrats' notorious history of racism and sexism. FINALLY!

But, in the article the writer alludes to the misnamed "civil war" and Abraham Lincoln as stellar examples of Republicans' historical purity on this issue.

In the comments section I entered the following:

"Good article, but PLEASE PLEASE get beyond the prevailing and wholly erroneous revisionist belief that 'ole Abraham Lincoln fought the so-called "civil war", aka War of Northern Aggression or War for Southern Independence, to free the blacks.UNMITIGATED HOGWASH!
Like most of his contemporaries in the North, Abe was a shameless white supremacist who tore the country apart for his own political and economic purposes. He ain't no hero of mine, nor should he be to any clear-headed American anywhere.

That said, glad Trump is turning these issues back on the Liberals whose history in these areas has been notorious! About time a GOP candidate is willing to tell it like it is, to tangle with the devil, to fight fire with fire!"

For starters, I urge truth-seekers to read a scholarly and extremely well-documented book entitled "The Real Abe Lincoln". Sobering and educational to say the least, the book should remind us that it is always the victor in war who writes the history of that conflict, calculatingly skewed, tendentious and revisionist though that account may be.
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(“If anybody tries to penetrate the past with the knife of the present will always act in vain. The past is invulnerable. Such attempts can only cause the present or the future to bleed." - Gregor Brand”
― Simon Schwartz)

(“Until the lions have their own historians, the history of the hunt will always glorify the hunter.”― Chinua Achebe)

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For most of my adult life, I have worked with refugees both overseas and in the US. So, I DO understand the plight of refugees and the challenges of successfully resettling them in their new American homeland.


That said, I just read a lengthy article in the local newspaper in which the mayor and the local refugee resettlement director discounted the Syrian refugee threat by sweepingly equating the reaction of those of us with legitimate concerns about the flawed vetting process of Syrian refugees with "knee-jerk reactions of politicians". I was understandably irked. The very idea of my being a politician is offensive. But, at least my colleagues and I weren't characterized as bigots, racists, xenophobes or Islamophobes. Very surprising, indeed.

In the article, the local director was quoted as saying that "all refugees go through a rigorous review process before being allowed to come to the U.S." He went on to say that "we shouldn't allow terrorists and criminals to dictate changes to our great tradition of welcoming the stranger", pointing out that local resettlement agencies "can't pick and choose whom to accept."

That last string of quotes smacked of talking points--not reasoned arguments--for permitting the influx of inadequately vetted Syrian refugees into our community. I immediately questioned that if the threat of "terrorists and criminals" should not dictate how we tackle the question of welcoming potential terrorists and criminals into our midst, then what exactly should dictate whom we permit to resettle next door to us.

His also stating that local agencies "can't pick and choose whom to accept" is, for the most part, false. In the case of refugees entering to join family members already here, then, yes, the agency is expected to accept them into our community; however, so-called "free cases", or those refugees without anchor relatives already in place in the community, may be rejected for resettlement by the local agency. Bear that mind.

He went on by asserting that "Syrians coming to the US will likely come through an orderly process from refugee camps," again adding that "it is a very secure process." Likely? Not reassuring.

Obviously he has ignored or entirely discounted the remarks of our security agency heads who have consistently and unambiguously warned about the flawed vetting process of Syrian and other Middle Eastern refugees.

Since I'm sure the local resettlement program has come under considerable pressure of late, and not wanting to pile on, I contacted an old colleague and friend at the national refugee resettlement agency with which the local agency is affiliated.

I explained that local community groups with whom I am closely affiliated have understandable concerns about the resettlement of Syrian refugees in our community, and went on to cite the quotes of the local director which appeared in the newspaper.

His first reaction was that it was not true that the local agency cannot reject refugees. Those who are not arriving to join family members already resettled in the community may be rejected by the local agency. This would certainly describe all the Syrian refugees earmarked for resettlement in this community. 

Throughout the cordial conversation--we hadn't spoken for years--I sensed a inclination on his part to adroitly skirt the potential threat posed by the resettlement of Syrian refugees. When queried about the inadequate vetting process for Syrian refugees in particular, he seemed unaware of the DIA's, FBI's and DOD's warnings about the absence of an adequate database to properly vet these refugees. Has there been a news blackout?

He emailed me an updated version of the 13-step vetting process currently in use, and seemed convinced that the process was adequate. I pointed out that the vetting process is fine as it applies to non-Middle Eastern refugee groups, but that we're talking about Islamic refugees, some of whom could well be ISIS or Al Quaida infiltrators; that it only took 8 radical Islamists to slaughter 129 people in Paris. He gingerly acknowledged this threat, but quickly went on to point out the obvious: these refugees have been in camps for up to 4 years and are badly in need of help; that after such a prolonged period of time "one would think" that [even without a database with which to work] that the wheat could be effectively separated from the chaff. 

I opined that merely hoping that such is the case is one thing, but asked if on that hope alone were we willing to risk a terrorist attack which might otherwise have been averted. He again gently agreed, but kept returning to the genuine suffering of the bulk of Syrian refugees. That was his fallback position throughout the conversation. He could never really bring himself to fully grapple with the real threat of improperly vetted Syrian refugees. For him, compassion alone trumped caution.

We both worked in refugee camps in Southeast Asia and were both involved in interviewing and otherwise screening SEA refugees before they were finally approved for entry into the US. Clearly, these were entirely different refugee groups--no terrorist inclinations among them at all. Thus, the vetting process for SEA refugees proved to be adequate and no warnings from our security agencies about the vetting process were necessarily forthcoming.

We agreed that the suffering Syrian refugees needed help, but we couldn't agree that a moratorium on the resettlement of Syrian refugees was the responsible course of action to take.

We then spoke about the difficulty we all had with smoothly resettling Somalian refugees in the past, but he couldn't recall but two Somalians being arrested for terrorist related activities after arrival. I reminded him of a substantial number of Somalian refugees who had been resettled in Minnesota who had linked up with ISIS; that although they are likely under close surveillance by the U.S. government they are still free and their legal status here unchanged. In short, I reminded him that they remained a serious potential terrorist threat to the homeland. Again he agreed, but was indisposed to grasp the true nature of the threat. Like so many companies and organizations, it is difficult for resettlement agencies, local or national, to see things as they really are, in this case to clearly see the threat attending a flawed vetting process. As always, agency and organization culture and those inevitable talking points pretty much dictates an employee's outlook and opinions. So, while his stance was unsurprising, when weighing the validity of refugee program commentary, from the start we must all bear carefully in mind this ingrained myopia.

Possible remedy: if a refugee is a "Free Case" (with no familial US ties), the local resettlement agency CAN, in fact, say no. Thus, the remedy for those of us who are pushing for a moratorium  on the resettlement of Syrian refugees may be to pressure the local resettlement agency to reject Free Syrian cases. In most communities without Syrian refugees already in place, such an effort would most certainly stop the influx. Moratorium accomplished on the local level.

With this in mind, I drafted the following editorial for local consumption. The newspaper's being a seriously liberal newspaper, who can say if it will be published:

"Dear Editor:

Though ISIS has dubbed the Islamist terrorist attack on Paris as but the
“first of the storm”, Pres. Obama continues to mystifyingly describe “global
warming”, coal and CO2 as THE most profound threats we face as a nation; worse,
he continues to vigorously push for the entrance of thousands of inadequately
vetted Syrian “refugees” into our homeland.
Despite the existential threat of Islamic terrorism, and warnings against such a
Syrian influx by our own security agencies, the Administration remains
recklessly determined to resettle these refugees in our communities.
I've worked with refugees both here and abroad for most of my adult life, so no
one can honestly discount my compassion when it comes to helping suffering
refugees; however, until our security agencies verify that an adequate vetting
process is in place a moratorium on the resettlement of Syrian “refugees” is a
no-brainer.  Anything less would be terribly irresponsible.
Moving past empty-headed political correctness, delusional ideology and faux
compassion, let’s properly safeguard our homeland and families from the menace
of radical Islamic terrorism."

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"Birthright Citizenship": Politics v Rule of Law

 

We've all heard or read the stats: currently, only the United States grants birthright citizenship to illegal aliens and 8% of babies born in the US are so-called "anchor babies" born of illegal aliens. In and of itself, this doesn't constitute a crisis, but, for many of us, it does illustrate how far we've strayed from the Constitution. 

Like all babies, “anchor babies” too are sweet and cuddly, and deserving of mother’s love and society’s protection. But automatically conferring citizenship on babies of illegal aliens is an ideologically-motivated perversion not only of internationally accepted legal norms, but, much more importantly, of both the Constitution and the 14th Amendment as well.

By nimbly mischaracterizing the motives of birthright citizenship opponents, many in the media and blogosphere—to include attorneys who should know better-- have irresponsibly misrepresented the framers’ intent and have reduced the level of discourse on this legitimate constitutional issue to that of ad hominem, race-baiting, specious legal citations, contrived legal justifications, and mindless pandering. Shamelessly seeking ideological and political supremacy, to these people the Constitution and the rule of law mean absolutely nothing. And for a nation which once prided itself as being a “nation of laws”, that is inexcusable.

During an interview with Mr. Trump last night, what annoyed me greatly was Bill O'Reilly's characteristically bombastic--and wholly erroneous--claim that "the 14th Amendment says that any person born on US soil is a US Citizen. Period".  Poppycock! He couldn't have read the amendment at all to reach this specious conclusion. And the fact that even Judge Napolitano, a Libertarian jurist, a few days earlier asserted this revisionist and ignorant view is nothing short of bewildering and scary.  But, this does underscore just how flawed and fallible jurists and seemingly bright, well-informed talking heads can really be.

That said, for my own edification I decided to take the time to again review the actual words of the 14th’s framers, pertinent case law and the opinions of jurists and legal scholars on both sides of the question to determine the truth in this matter.

Here are my findings and conclusions:

First, while researching pertinent materials, I soon discovered that understanding the clear intent and meaning of the 14th Amendment was much simpler than anticipated. In fact, the meaning of the 14th was surprisingly straightforward. Lesson learned: if one simply abandons one’s ideological blinders for a moment and commit to an honest effort to objectively review a constitutional issue, clarity is nearly always one’s reward.

It also became apparent that from a strictly Constitutional standpoint, and despite many assertions to the contrary from both the left and the right, a constitutional amendment is NOT needed to deny anchor babies citizenship. In short, I was unable to find convincing constitutional evidence that so-called anchor babies can legitimately and automatically acquire U.S citizenship. Thus, a simple act of Congress--and most certainly NOT an amendment to the Constitution—in order to clarify the original intent and meaning of the 14th Amendment is all that is really needed.

Toward that end, introduced on April 2nd, 2009, and co-sponsored by 93 congressmen, inclusive of one lonely Democratic supporter, Mississippi’s Gene Taylor, HR 1868 (Birthright Citizenship Act of 2009) intended to amend section 301 of the Immigration & Nationality Act to provide that a person born in the US is “subject to the jurisdiction” of the US for citizenship purposes if the person is born in the US of parents, one of whom is: 1) a US citizen or national; 2) a lawful permanent resident alien who resides in the US; or 3) an alien performing military service in the US Armed Forces.” And if one simply reviews the original meaning of the 14th Amendment one can easily see that there is absolutely nothing at all revolutionary about this bill's language. In any event, the bill failed.

Intended to protect the rights of emancipated Negroes, the 14th Amendment specifically provided that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

And as I very quickly learned, of central importance in this statement is the phrase “subject to the jurisdiction thereof”, something birthright citizenship proponents have consistently and very conveniently ignored.

To begin, Sen. Jacob Howard of Michigan, co-author of the 14th Amendment, expressly asserted that “this will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers.” And it is in this plain-spoken construction birthright proponents somehow discover ambiguity or a totally different meaning. Amazing!
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Under Section 1992 of the US Revised Statutes, the same Congress which adopted the 14th Amendment confirmed that “all persons born in the United States who are not aliens, excluding Indians not taxed, are declared to be citizens of the United States.”

In 1873, the US Atty Gen ruled the word “jurisdiction” under the Fourteenth Amendment to mean the absolute and complete jurisdiction. Aliens, among whom are persons born here and naturalized abroad, dwelling or being in this country, are subject to the jurisdiction of the US but only to a limited extent. Political and military rights do not pertain to them.”

Sen. Trumbell noted during the drafting of the 14th Amendment that it was the amendment’s goal to “make citizens of everybody born in the US who owe allegiance to the US,” and if “the negro or white man belonged to a foreign government he would not be a citizen.”

On March 1, 1866, Rep. James Wilson of Iowa, House Judiciary Committee, added that “we must depend on the general law relating to subjects and citizens recognized by all nations for a definition, and that must lead us to conclude that every person born in the US is a natural-born citizen of such States, except that of children born on our soil (jus soli) to temporary sojourners or representatives of foreign governments.” This statement served to nicely clarify Sen. Howard’s construction above.

John Bingham, framer of the 14th Amendment’s first section, stated that Sec. 1992 of the Revised Statutes meant “every human being born within the jurisdiction of the US of parents not owing allegiance to any foreign sovereignty is, in the language of the Constitution itself, a natural born citizen.”

And if we reach way back to our founders in search of a definition of citizens of a foreign power, Thomas Jefferson said “Aliens are the subjects of a foreign power.”

To a man, among the framers the premise behind “within the jurisdiction thereof” was that all children born to parents who owed no foreign allegiance were to be citizens of the US; thus, not only must a child be born on US soil (jus soli) but born of parents whose complete allegiance was to the US.

Subsequently, Sen. Howard further explained that “only thru expatriation, which could be accomplished thru law alone, and not thru any immigrant acting on his own outside the law—and certainly not by any act of birth alone—could an alien become a citizen.” This, of course, would mean that the alien/sojourner would need to affirmatively renounce his allegiance to his/her country of origin before s/he could be considered completely within the jurisdiction of the US.

Sen. Howard also stated the following: “…the word 'jurisdiction', as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the US, coextensive in all respects with the constitutional power of the US, whether exercised by Congress, the executive, or the judiciary; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the US now.” In effect, he was saying that an alien may, by treaty arrangements with his country of origin, avail himself of the protection of the US, much as sojourning US citizens in the alien’s country of origin would avail themselves of that country’s protection, but that an alien's physical presence in the US would not render him/her under the "complete jurisdiction" of the US. Simple enough.

The rationale behind not granting automatic citizenship can be illustrated by the fact that American Indians could not be subject to the jurisdiction of the US because the US dealt with them through treaties. By logical extension, aliens sojourning in the US are extended privileges and protections by virtue of treaties in force with their countries of origin, much as American citizens are granted similar rights and privileges—but not citizenship--when sojourning in those countries. Logically, therefore, only if an alien voluntarily and affirmatively renounces his citizenship and expresses an intent to swear allegiance to the US may the alien, through operation of law (a formal naturalization process), be granted US citizenship. Thus, in a nutshell, since neither children of tourists/sojourners nor of diplomats born in the US can be US citizens, children of illegal entrants cannot be lawfully granted the privilege of US citizenship.

In 1867, George Yeaman, American Minister to Denmark, in his highly respected treatise on allegiance and citizenship and for whom the framers had great respect, asserted that “the idea of a double allegiance and citizenship united in the same person, and having reference to two separate, independent, and sovereign nations or governments, is simply an impossibility.” Thus, dual citizenship was also a no-no. (Take note, BHO.)

P. A. Madison, a modern day master of constitutional analysis, points out that “since illegal aliens are unlawfully in the US, their native country has a proper and primary claim of allegiance on the child. Thus, the completeness of their allegiance to the US is impaired, which therefore precludes automatic citizenship.” Slam dunk obvious, I’d say.

Also, Rep. Aaron Sargent, a representative from California during the Naturalization Act of 1870 debates, said the 14th Amendment’s citizenship clause was not a de-facto right for aliens to obtain citizenship. Significantly, none of his contemporaries disputed that assertion.

Adding to this mix, here is a little case law since the 14th’s ratification.

In the Slaughterhouse Cases(1873), the Supreme Court observed that the 14th Amendment overturned the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction, citizens of the US; the ruling went on to point out “that [the 14th Amendment’s] main purpose was to establish the citizenship of the Negro” and that “the phrase ‘subject to its jurisdiction’ was intended to exclude from its operation children of ministers, consuls, AND citizens or subjects of foreign states born within the United States", thus reinforcing Sen. Howard’s construction above. So, since they cannot be subject to US jurisdiction, children of citizens of foreign sovereignities and children of foreign ministers/consuls/ambassadors cannot be lawfully considered US Citizens. Makes perfect sense.

Then, in Elk v Wilkins (1884), the Supreme Court ruled that the 14th Amendment did not even confer citizenship on Indians—because they were subject to tribal jurisdiction, not U.S. jurisdiction. In effect, the court essentially stated that the status of the parents determines the citizenship of the childand not merely the fortuitous birth of that child on American soil. (Note: not until the Citizens Act of 1924 was U S citizenship granted to American Indians. As with many whimsical court rulings over the years, I was unable to understand the legal grounding for this reversal. Thus, it would seem that judicial arbitrariness is not an affliction peculiar to modern day American courts alone.)

In US v Wong Kim Ark (1889), the courts held that children born in the US of parents of foreign descent who, at the time of the child’s birth are subjects of a foreign power but who have a permanent domicile and residence in the US and are carrying on business in the US, and are not employed in any diplomatic or official capacity under a foreign power, and are not members of foreign forces in hostile occupation of US territory, become a citizen of the US at the time of birth. As expressed in the minority opinion, this decision violated the 14th Amendment. But, in any case, how many new illegal aliens have permanent domiciles in the US and how many of them are carrying on business in the US at the moment of their child's birth on US soil? I suspect precious few. But note that in this case the parents were, unlike illegal entrants, legally present.

In Steel v Citizens for a Better Environment (1998), the court stated that “jurisdiction is a word of many, too many, meanings.” However, and as can be clearly seen above, Sen. Trumbell and, yes, Sen. Howard, 14th Amendment co-authors, had long ago provided a clear, unambiguous definition by declaring that “the provision is, that all persons born in the United States, and ‘subject to the jurisdiction thereof’’, are citizens. That means ‘subject to the complete jurisdiction thereof. What do we mean by ‘complete jurisdiction thereof'? Not owing allegiance to anybody else. That is what it means.” And this from the framers' themselves! (Clearly, majority jurists in the Steel v Citizens court didn’t bother to research the framers’ clear intent and meaning. And one must wonder if a neophyte, such as I, can easily deduce original meaning, why can't trained jurists? Could it be incompetence or do political agendas get in the way of constitutional law?)

Despite the clear meaning and intent of the 14th's framers, we fast forward to the somewhat enigmatic ruling in US ex rel. Hintopoulis v Shaughnessy (1982), which some bloggers have used to justify birthright citizenship. In that case, and out of whole cloth, somewhere in the ruling it asserted, almost unconciously, that although a child born in the US to two illegal aliens was a US Citizen (????) that, nonetheless, “suspending the alien parents’ deportation based upon “the accident of birth in the US of their son would be to deprive others, who are patiently awaiting visas…” Thus, since the glancing allusion to the legality of birthright citizenship, though gratuitous—and erroneous—appeared in this suspension of deportation decision, birthright proponents often blithely and excitedly cite this case to substantiate the legality of birthright citizenship. Grabbing at straws, I'd say.

Then, true to activist form, in Plyler v Doe (1982) the court, apparently without access to the 14th framers’ erudition and written words, mysteriously ruled 5-4 that there is “no plausible distinction” with respect to “jurisdiction” between resident aliens who entered the country lawfully and those resident aliens who entered unlawfully. Wowee! Clearly a yawning divergence from the framers’ clear meaning and intent. Seems judicial activism was as alive and well in 1982 as it is today.

To me, these two rulings which capriciously and arrogantly turned Thomas Jefferson and the framers of the 14th on their heads are clearly unlawful at worst, convenient contrivances at best.

When I explained all this on-line to an attorney who is also a strong proponent of birthright citizenship, this was her reply: “I disagree with your interpretation of the phrase ‘subject to the jurisdiction thereof'. The first rule of statutory construction is that we don’t look to the drafters’ intent if the words are plain and unambiguous…If the drafters meant to include some allegiance test, they would have. They didn’t.” That sort of revisionism, gobbledegook, willful ignorance and dishonesty is, folks, what this country is up against. My rejoinder was civil, but to the point: “It wasn’t MY lowly interpretation. It was the framers’ interpretation. But, ignore original intent and meaning? A living constitution is like having no constitution at all. We can merely make it up as we go along and continue to hand-off an increasingly irrelevant document to the next generation. While I sincerely hope this isn’t what you have in mind, at this juncture I can see there’s really nothing more to discuss with you on this or any other constitutional issues. How very sad.”

Finally, based upon what I now understand, we must be faithful to the 14th Amendment framers’ clear intent and meaning—surely a tall order with so many activists and social engineers infesting our courts these days. In the case of "birthright citizenship", Congress is constitutionally empowered to re-assert the original meaning of the the 14th Amendment, and that's precisely what it should do.

 

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Judicial Tyranny MUST be Resisted

th?id=JN.ErIPYJpx4Kbs7o4H3f48qw&pid=15.1&H=51&W=160Our Founders shaped a remedy for judicial tyranny, and we ignore it at our peril.

Entirely justified by the 9th and 10th Amendments, a surefire and sensible solution to judicial overreach is STATE NULLIFICATION, an action which constitutionally renders a judicial ruling  "null, void and of no legal effect" within the sovereign territory of a nullifying State. However, the efficacy of this perfectly legitimate remedy relies upon the existence of State leaders with spine and principle.

In the longer term, expedited passage of a constitutional amendment which would enable a majority of State legislatures to overrule ANY supreme court ruling within 6 months of issuance must be initiated either by Congress or, per Art V of the Constitution, by the States themselves. This, of course, would constitute a permanent means of checkmating a runaway judicial oligarchy.

But, alas, will either of these prudential actions be taken? No. Why? Most Americans and nearly all their political "leaders", both at the State and federal level,  are spineless, unprincipled, disengaged and ignorant of their constitutional rights and duties.

So, what shall clear-eyed Patriots do to remedy this tyranny in order to restore constitutional order? Both Natural Law and our Founders are crystal-clear on this point: it is our Right and Duty to appropriately resist. Vested in the People themselves and condoned by our Founders, Civil Disobedience, Rebellion and Secession are perfectly legitimate and sacrosanct remedies to tyranny.

I believe we have breached that tipping point. 
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Looks like our invincibly arrogant Supreme Court is on a Progressive roll--a veritable steamroller of errant and overreaching Delphic rulings quite at odds with our Constitution. 

On the heels of the Court's outrageous ruling yesterday on Obamacare, here it goes again by "ruling" that same-sex marriage is a "constitutional right". Huh? Constitutional right? This ruling is much more than mystifying; it is subversive.

While the same-sex ruling was entirely predictable--no less so than the Obamacare, aka SCOTUScare, ruling yesterday--I am no less stunned by this judicial quackery and lawlessness.

Thinking I may have missed something along the way, this morning I carefully re-read my copy of the Constitution, and for the life of me I couldn't find marriage of any kind defined as a "constitutional right". Nowhere! In fact, marriage isn't even mentioned in the text.

Per the 10th Amendment of the U.S. Constitution, any power not specifically/expressly delegated by the States to the federal government remains with the States and the People. Thus, defining marriage is a State power and same-sex marriage is constitutional ONLY if the individual State and its citizenry says it is. This isn't rocket science, folks. It's  the law. And the obscene misapplication of the 14th Amendment's ""equal protection" clause yet again cannot nullify the authority of the 9th and 10th Amendments. Only a constitutional amendment can do that.

Just what Constitution are these Progressive judicial oligarchs reading? Have they even read the Constitution? And, if so, do they at all regard the US Constitution as the supreme law of the land? Obviously not. Clearly, Judicial Supremacy has virtually supplanted Constitutional Supremacy. And therein lies the seed of our self-destruction.

Wouldn't it be splendid--indeed, principled and courageous--were the States to exercise their lawful authority by NULLIFYING this outrageous judicial usurpation of State sovereignty? Without spine and political courage at the State level, the US Constitution is, without question, D-E-A-D and this "constitutional republic" but an illusion.

Until this judicial tyranny is stopped, what precious remains of this tattered constitutional republic will be relegated to the dustbin of history.

I do not see a good end to this lawlessness. As to a remedy, let our Founders be our guide ...

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Charleston: A Beacon of Civility

When the awful news of the Charleston massacre was televised, I immediately contacted my nephew, a fellow New Yorker, who has a winter home in the heart of Charleston.
Having visited Charleston, the "holy city", for the first time last year, I was extremely impressed by the charm and placidity of the city and the grace, amiability and propriety of the Charlestonians themselves. Frankly, I lamented my return to New York State following that most pleasant of visits. Charleston is a very special place, indeed. 
th?id=JN.RNkJC4Bkx4qkMqHt1Oo%2fdQ&pid=15.1&H=192&W=160When the awful news of the Charleston church massacre was televised, I immediately sent the following text to my nephew who was at his summer home in upstate New York:
"When I visit you again in Charleston this winter, let's be sure to check out the church where the massacre occurred. By the way, because Charleston folks have class and dignity I am not worried about Ferguson or Baltimore-like insanity and turmoil in the wake of this monstrous shooting no matter how much inciting by the likes of racist dividers Sharpton and Obama. For the first time in a very long time, the country will vividly see how a civilized American city behaves in a disaster. Charleston will prove to be a beacon of civility and Christianity." My nephew promptly agreed.
And so it has been. 
And, by the way, this dopey caterwauling about taking down the Confederate Flag in Charleston is obscenely stupid, insulting and short-sighted. If we are to rid ourselves of flags which remind us of the evils of slavery, then EVERY flag flown in the United States since 1776 must be eliminated as well. Under those banners, and under the protection of union law, slavery flourished.

Let's hope Charlestonians do not succumb to this insipid and mindless demand to take down their state flag. For me, the Confederate Flag is an honorable reminder of the pre-eminence of federalism and the inherent right of a State to break from any union which would abridge its constitutional sovereignty. It is also a tribute to those hundreds of thousands of Southern patriots--which include blacks as well--who selflessly and heroically gave their lives in defense of their nation. These patriots' sacrifices should never be forgotten or impugned. They are no less heroic than those thousands of Union soldiers who gave their lives to maintain an "indivisible union" and to end slavery in the Confederate States of America.
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Charleston: A Beacon of Civility

When the awful news of the church massacre in Charleston was televised, I immeidately contacted my nephew, a fellow New Yorker, who has a winter home in the heart of Charleston.
Having visited Charleston, the "holy city", for the first time last year, I was extremely impressed by the charm and placidity of the city and the grace, amiability and propriety of the Charlestonians themselves. Frankly, I lamented my return to New York State following that most pleasant of visits. Charleston is a very special place, indeed. 
When the awful news of the Charleston massacre was televised, I immediately sent the following text to my nephew who was at his summer home in upstate New York:
"When I visit you again in Charleston this winter, let's be sure to check out the church where the massacre occurred. By the way, because Charleston folks have class and dignity I am not worried about Ferguson or Baltimore-like insanity and turmoil in the wake of this monstrous shooting no matter how much inciting by the likes of racist dividers Sharpton and Obama. For the first time in a very long time, the country will vividly see how a civilized American city behaves in a disaster. Charleston will prove to be a beacon of civility and Christianity." My nephew promptly agreed.
And so it has been. 
And, by the way, this dopey caterwauling about taking down the Confederate Flag in Charleston is obscenely stupid, insulting and short-sighted. If we are to rid ourselves of flags which remind us of the evils of slavery, then EVERY flag flown in the United States since 1776 must be eliminated as well. Under those banners, and under the protection of union law, slavery flourished.

Let's hope Charlestonians do not succumb to this insipid and mindless demand to take down their state flag. For me, the Confederate Flag is an honorable reminder of the pre-eminence of federalism and the inherent right of a State to break from any union which would abridge its constitutional sovereignty. It is also a tribute to those hundreds of thousands of Southern patriots--which include blacks as well--who selflessly and heroically gave their lives in defense of their nation. These patriots' sacrifices should never be forgotten or impugned. They are no less heroic than those thousands of Union soldiers who gave their lives to maintain an "indivisible union" and to end slavery in the Confederate States of America.
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In 2010, and after much research, I wrote two posts regarding birthright citizenship, a subject which has again taken on considerable importance in the Senate. GIven Sen. Vitter's introduction of the "Birthright Citizenship Act" which would end the practice, I honestly believe this post would be especially useful to clear-eyed readers among us. (Caution: If you're an open-border and birthright citizenship advocate, you'd best keep your blinders on. The facts may be too painful for you to bear.) Here is the post:

We’ve all heard the stats: currently, only the United States grants birthright citizenship to illegal aliens and 8% of babies born in the US are so-called “anchor babies” born of illegal aliens. In and of itself, this doesn’t constitute a crisis, but, for many of us, it does illustrate how far we’ve strayed from the Constitution. 

Like all babies, “anchor babies” too are sweet and cuddly, and deserving of mother’s love and society’s protection. But automatically conferring citizenship on babies of illegal aliens is an ideologically-motivated perversion not only of internationally accepted legal norms, but, much more importantly, of both the Constitution and the 14th Amendment as well. 

By nimbly mischaracterizing the motives of birthright citizenship opponents, many in the media and blogosphere—to include attorneys who should know better-- have irresponsibly misrepresented the framers’ intent and have reduced the level of discourse on this legitimate constitutional issue to that of ad hominem, race-baiting, specious legal citations, contrived legal justifications, and mindless pandering. Shamelessly seeking ideological and political supremacy, to these people the Constitution and the rule of law mean absolutely nothing. And for a nation which once prided itself as being a “nation of laws”, that is inexcusable.

That said, for my own edification I decided to take the time to review the actual words of the 14th’s framers, pertinent case law and the opinions of jurists and legal scholars on both sides of the question to determine the truth in this matter. 

Here, in choppy-brief form, are my findings and conclusions:

First, while researching pertinent materials, I soon discovered that understanding the clear intent and meaning of the 14th Amendment was much simpler than anticipated. In fact, the meaning of the 14th was surprisingly straightforward. Lesson learned: if one simply abandons one’s ideological blinders for a moment and commit to an honest effort to objectively review a constitutional issue, clarity is nearly always one’s reward.

It also became apparent that from a strictly Constitutional standpoint, and despite Lindsey Graham’s initial assertion that a constitutional amendment is needed to outlaw anchor babies, aka birthright (jus soli) citizenship, I was unable to find convincing constitutional evidence that so-called anchor babies can legitimately and automatically acquire U.S citizenship. Thus, a simple act of congress--and most certainly NOT an amendment to the Constitution—in order to clarify the original intent and meaning of the 14th Amendment is all that is really needed. 

To wit, introduced on April 2nd, 2009, and co-sponsored by 93 congressmen, inclusive of one lonely Democratic supporter, Mississippi’s Gene Taylor, HR 1868 (Birthright Citizenship Act of 2009) amends section 301 of the Immigration & Nationality Act to provide that a person born in the US is “subject to the jurisdiction” of the US for citizenship purposes if the person is born in the US of parents, one of whom is: 1) a US citizen or national; 2) a lawful permanent resident alien who resides in the US; or 3) an alien performing military service in the US Armed Forces.” And if one simply reviews the original meaning of the 14th Amendment one can easily see that there is absolutely nothing at all earth-shattering, divergent or revolutionary in that language. 

Intended to protect the rights of emancipated Negroes, the 14th Amendment specifically provided that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

And as I very quickly learned, of central importance in this statement is the phrase “subject to the jurisdiction thereof”, something birthright citizenship proponents have consistently and very conveniently ignored. 

To begin, Sen. Jacob Howard of Michigan, a co-author of the 14th Amendment, expressly asserted that “this will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers.” And it is this rough grammatical construction which, to birthright proponents, provides convenient ambiguity and cover. Did Howard mean foreigners/aliens who belong to the families of ambassadors or foreign ministers, or did he mean foreigners AND aliens who belong to the families of ambassadors or foreign ministers? A fair question which was soon clarified by him and other co-framers.
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Under Section 1992 of the US Revised Statutes, the same Congress which adopted the 14th Amendment confirmed that “all persons born in the United States who are not aliens, excluding Indians not taxed, are declared to be citizens of the United States.”

In 1873, the US Atty Gen ruled the word “jurisdiction” under the Fourteenth Amendment to mean “the absolute and complete jurisdiction. Aliens, among whom are persons born here and naturalized abroad, dwelling or being in this country, are subject to the jurisdiction of the US but only to a limited extent. Political and military rights do not pertain to them.” 

Sen. Trumbell noted during the drafting of the 14th Amendment that it was the Amendment’s goal to “make citizens of everybody born in the US who owe allegiance to the US,” and if “the negro or white man belonged to a foreign government he would not be a citizen.”


On March 1, 1866, Rep. James Wilson of Iowa, House Judiciary Committee, added that “we must depend on the general law relating to subjects and citizens recognized by all nations for a definition, and that must lead us to conclude that every person born in the US is a natural-born citizen of such States, except that of children born on our soil (jus soli) to temporary sojourners or representatives of foreign governments.” This seems to have nicely clarified Sen. Howard’s somewhat ambiguous construction above.

John Bingham, framer of the 14th Amendment’s first section, stated that Sec. 1992 of the Revised Statutes meant “every human being born within the jurisdiction of the US of parents not owing allegiance to any foreign sovereignty is, in the language of the Constitution itself, a natural born citizen.”

And if we reach way back to our founders in search of a definition of citizens of a foreign power, Thomas Jefferson said “Aliens are the subjects of a foreign power.” 

To a man, among the framers the premise behind “within the jurisdiction thereof” was that all children born to parents who owed no foreign allegiance were to be citizens of the US; thus, not only must a child be born on US soil (jus soli) but born within the complete allegiance of the US politically and not merely under its laws.

Subsequently, Sen. Howard further explained that “only thru expatriation, which could be accomplished thru law alone, and not thru any immigrant acting on his own outside the law—and certainly not by any act of birth alone—could an alien become a citizen.” This, of course, would mean that the alien/sojourner would need to affirmatively renounce his allegiance to his/her country of origin before s/he could be considered completely within the jurisdiction of the US. 

Sen. Howard also stated the following: “…the word 'jurisdiction', as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the US, coextensive in all respects with the constitutional power of the US, whether exercised by Congress, the executive, or the judiciary; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the US now.” In effect, he was saying that an alien may, by treaty arrangements with his country of origin, avail himself of the protection of the US, much as sojourning US citizens in the alien’s country of origin would avail themselves of that country’s protection.

The rationale behind not granting automatic citizenship is based upon the fact that Indians could not be subject to the jurisdiction of the US because the US dealt with them through treaties. By logical extension, aliens sojourning in the US are extended privileges and protections by virtue of treaties in force with their countries of origin, much as American citizens are granted similar rights and privileges—but not citizenship--when sojourning in those countries. Logically, therefore, only if an alien voluntarily and affirmatively renounces his citizenship and expresses an intent to swear allegiance to the US may the alien, through operation of law (a formal naturalization process) be granted US citizenship. Thus, in a nutshell, since neither children of tourists/sojourners nor of diplomats born in the US can be US citizens, by what stretch can children of illegals be automatically granted that privilege? 

In 1867, George Yeaman, American Minister to Denmark, in his highly respected treatise on allegiance and citizenship and for whom the framers seemed to have great respect, asserted that “the idea of a double allegiance and citizenship united in the same person, and having reference to two separate, independent, and sovereign nations or governments, is simply an impossibility.” Thus, dual citizenship was also a no-no. (Take note, BHO.)

To wit, P. A. Madison, a modern day master of constitutional analysis, points out that “since illegal aliens are unlawfully in the US, their native country has a proper and primary claim of allegiance on the child. Thus, the completeness of their allegiance to the US is impaired, which therefore precludes automatic citizenship.” Slam dunk obvious, I’d say. 

Also, Rep. Aaron Sargent, a representative from California during the Naturalization Act of 1870 debates, said the 14th Amendment’s citizenship clause was not a de-facto right for aliens to obtain citizenship. Significantly, none of his contemporaries raised any objection, or otherwise disputed that assertion. 

Adding to this mix, here is a little case law since the 14th’s ratification.

In the Slaughterhouse Cases(1873), the Supreme Court observed that the 14th Amendment overturned the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction, citizens of the US; the ruling went on to point out “that [the 14th Amendment’s] main purpose was to establish the citizenship of the Negro” and that “the phrase ‘subject to its jurisdiction’ was intended to exclude from its operation children of ministers, consuls, AND citizens or subjects of foreign states born within the United States.” Thus, another clarification of Sen. Howard’s somewhat ambiguous construction above. So, since they cannot be subject to US jurisdiction, children of citizens of foreign sovereignties and children of foreign ministers/consuls/ambassadors cannot be considered US Citizens. Makes perfect sense.

Then, in Elk v Wilkins (1884), the Supreme Court ruled that the 14th Amendment did not even confer citizenship on Indians—because they were subject to tribal jurisdiction, not U.S. jurisdiction. In effect, the court essentially stated that the status of the parents determines the citizenship of the child, and not merely the fortuitous birth of that child on American soil. (Note: not until the Citizens Act of 1924 was U S citizenship granted to Indians. As with many whimsical court rulings over the years, I was unable to understand the legal grounding for this reversal. Thus, it would seem that arbitrariness is not an affliction peculiar to modern day American courts alone.

In US v Wong Kim Ark (1889), the courts held that children born in the US of parents of foreign descent who, at the time of the child’s birth are subjects of a foreign power but who have a permanent domicile and residence in the US and are carrying on business in the US, and are not employed in any diplomatic or official capacity under a foreign power, and are not members of foreign forces in hostile occupation of US territory, become a citizen of the US at the time of birth. As expressed in the minority opinion, the decision violated the 14th Amendment. But, in any case, how many new illegal aliens have permanent domiciles in the US and how many of them are carrying on business in the US? (A lawful business, that is.) I suspect precious few. But note that in this case the parents were, unlike illegal entrants, legally present.

In Steel v Citizens for a Better Environment (1998), the court stated that “jurisdiction is a word of many, too many, meanings.” However, Sen. Trumbell and, yes, Sen. Howard, 14th Amendment authors, had long before provided a definition by declaring that “the provision is, that all persons born in the United States, and ‘subject to the jurisdiction thereof’’, are citizens. That means ‘subject to the complete jurisdiction thereof. What do we mean by ‘complete jurisdiction thereof? Not owing allegiance to anybody else. That is what it means.” From the horses’ mouths. Clearly, jurists in the Steel v Citizens court didn’t bother to research the framers’ intent and meaning.

But, despite the foregoing, we fast forward to the somewhat enigmatic ruling in US ex rel. Hintopoulis v Shaughnessy (1982), which some bloggers have used to justify birthright citizenship. In that case, and out of whole cloth, somewhere in the ruling it asserted, almost in passing, that although a child born in the US to two illegal aliens was a US Citizen (????) that, nonetheless, “suspending the alien parents’ deportation based upon “the accident of birth in the US of their son would be to deprive others, who are patiently awaiting visas…” Thus, since the passing allusion to the legality of birthright citizenship, though gratuitous—and erroneous—was woven into this suspension of deportation decision, birthright proponents often blithely cite this case to substantiate the incontestable legality of birthright citizenship. Don’t ask.

Then, true to activist form, in Plyler v Doe (1982) the court, somehow without ready access to the framers’ erudition and written words, mysteriously ruled 5-4 that there is “no plausible distinction” with respect to “jurisdiction” between resident aliens who entered the country lawfully and those resident aliens who entered unlawfully. Wow. Again, don’t ask. Clearly a yawning divergence from the framers’ clear meaning and intent. Seems judicial activism was as alive and well in 1982 as it is today.

To me, these two rulings which capriciously and arrogantly turned Thomas Jefferson and the framers of the 14th on their heads are clearly unlawful at worst, convenient contrivances at best. 

When I explained all this on-line to an attorney who is also a strong proponent of birth right citizenship, this was her reply: “I disagree with your interpretation of the phrase ‘subject to the jurisdiction thereof'. The first rule of statutory construction is that we don’t look to the drafters’ intent if the words are plain and unambiguous…If the drafters meant to include some allegiance test, they would have. They didn’t.” That sort of revisionism, willful ignorance and dishonesty is, folks, what this country is up against. My rejoinder was civil, but to the point: “It wasn’t MY lowly interpretation. It was the framers’ interpretation. But, ignore original intent and meaning? A living constitution is like having no constitution at all. We can merely make it up as we go along and continue to hand-off an increasingly irrelevant document to the next generation. While I sincerely hope this isn’t what you have in mind, at this juncture I can see there’s really nothing more to discuss with you on this or any other constitutional issues. How very sad.”

Finally, in my humble opinion, and based upon what I understand to have been the 14th framers’ clear intent and meaning, passage of Louisiana Senator Vitter's "Birthright Citizenship Act" which would virtually eliminate this unlawful practice, would finally restore clear intent and meaning of the 14th Amendment—surely a tall order with so many activists and social engineers infesting our courts these days.
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Is America's Transformation Inevitable?

Tuesday, December 9, 201

images?q=tbn:ANd9GcTj8SRf8v-A0MaMeG4nFwQTCgG3QoR4cHVK2gsBYxygFvp66xZhWhen outrageous becomes the norm, we've already breached that much-touted tipping point and are now plunging headlong toward national suicide.

Despite the serial lawlessness, betrayal and incremental foundational self-destruction being perpetrated upon us by our political overseers, so many of us have either not noticed, not fully grasped the phenomenon, been stunned into compliance, or become inured.

Short on principled leaders and statesmen determined to faithfully defend our Constitution and absent an energetic and virtuous electorate--the very building blocks of a viable republic--an insidious and likely irreversible transformation of our way of life and governing principles is most certainly well underway. That said, one has to question if our Founders foresaw such changes and, if so, what would they have counseled?

Unlike the Articles of Confederation which established a "perpetual union"--and we can all see how "perpetual" that turned out to be--the Constitution's more conservative purpose was to establish a "more perfect union"--not perfect, but more perfect.

Stellar students of history, our Founders understood that no compact/contract could ever be perfect or perpetual; that all compacts, if breached,  are subject to the equitable remedy of rescission (annulment), which, in the context of our voluntary compact of States, is equivalent to the concept of a State's secession (withdrawal), the converse of a State's accession (consent to join).

Of special significance, never once did our perceptive Founders view the "more perfect union" of States as "indivisible", a self-serving Lincoln-esque invention to justify the north's invasion of the south, or that our union, with or without a clash of arms, would stand the test of time. (In fact, contingent on their grudging consent to ratify the Constitution, and with nary a peep of protest from either Federalists or Anti-Federalists, New York, Virginia and Rhode Island, the latter which ratified the Constitution only after George Washington's election, explicitly reserved their right to rescind/revoke their ratification, or, in other words, withdraw from the union, if they became disenchanted with the arrangement. Thus, the Founders--framers and ratifiers alike--never believed that withdrawal from the union would be anything but a principled, entirely lawful, natural, and foreseeable development.)

From the outset, and despite outrageously muddled revisionist judicial opinions, e.g. Texas v White (1869), and decades of revisionist indoctrination following the deliberately misnamed  "civil war", this compact of States, the United States of America, was understood by the Founders to be strictly voluntary. And like it or not, this voluntary union remains just that--voluntary. And no amount of revisionism or political correctness can alter that foundational truth.

Like in any contractual relationship, violations occur and conditions develop which render the original contract of no further use, benefit or relevance to one or more parties to that contract. Thus, perpetual was never intended to convey permanence or immutability, but, like any contract, a temporariness dictated by the benefits derived from that relationship by the parties to that contract. (The Articles of Confederation is a good example of the realistic limitations of the word "perpetual" for, as we all know, the Articles of Confederation quickly outlived is usefulness and was replaced by the States and their citizens with a federal republic in 1789.)

Astute students of history, both the Framers and Ratifiers clearly understood that, over time, no man-made political system could successfully resist corruption, mutation, transformation and, yes, eventual self-destruction. In short, they understood that the  historical constancy of change and mankind's need to painfully re-learn history's unpleasant lessons is as hard-wired as DNA itself.

For reasonably serious students of history, there is nothing especially profound about the foregoing observations, but in these perilous times of gargantuan national debt, a chasmic ideological divide among the electorate and its representatives, relentless violations of the Constitution at all levels of government, rampant lawlessness and habitual mendacity among our political leadership, and, yes, crippling subversion of our political system and the country's cultural fabric from within, dramatic systemic change is not only inevitable, but is already taking place. In short, our rapid transformation from a federal union of States to a unitary corporatist-welfare state has been underway for some time now.

As for our federal republic, or what little remains of it, let's remember that a citizenry's commitment to political union at ANY price is sheer folly. If our economic, social and political systems fail to adequately safeguard our inalienable rights and our representative form of government, then our adherence to that political union is not only short-sighted, it is breathtakingly delusional and manifestly suicidal.

Going forward, I can only hope that preserving our God-given natural rights to Life, Liberty and the Pursuit of Happiness will be our primary concern. And when it becomes crystal-clear that the federal union has failed us, then from a practical standpoint our options are limited to either emigrating to other less offensive countries or relocating to those individual States within the current union where more fertile ground for constitutional and economic order exist.

Remember that NOT ONCE did any of the Founders in any way deny our fundamental right to secede or revolt. (Indeed, the venerable Declaration of Independence, was our first successful act of secession and the American Revolution our first act of revolt.)

From the outset, our Founders soberly understood that the union's days were, indeed, numbered. In fact, most of them would have been unsurprised by the so-called "civil war", though they would have bridled at the north's lawless actions to prevent the south's secession. At a terrible price in American treasure and lives, and only by application of overwhelming military force--not virtuous adherence to founding constitutional precepts--was the north able to quash the legitimate southern secession of 1861. And, of course, the systemic legacy of that costly Pyrrhic northern victory has been nothing less than the relentless assault upon and substantive transformation of our federal republic into something very much at odds with the political arrangement our Founders had so carefully crafted and adopted. Why Pyrrhic? Because since the conclusion of the War Between the States, States have become vassals of an essentially boundless central government, something our Founders would have roundly condemned. (That said, however, it appears that most of us have accepted monarchical rule so long as we are able to effectively delude ourselves into believing that our union of States is still a "republic".)

To a man, our Founders would be astonished that the union today, a shattered copy of what was originally conceived, still remains at all. Thus, as said, if our best efforts fail to restore constitutional order on a national level, and if the electoral process continues to fail to restore the union as originally conceived, then the original compact among the States is, for all practical purposes, null and void, and has been null and void for some time now. Unsurprisingly, authoritarianism and, eventually, disunion are but natural consequences of the foundational disintegration we have been experiencing since the War Between the States.

Now more than ever, and in the face of insidious political correctness, ideological delusion, a widespread Pollyanna mentality, and pervasive historical revisionism, our foundational governing principles and rights demand our clear-headed attention and vigorous assertion if we are to successfully survive the political treachery which has befallen us. If we genuinely cherish those principles and rights, then it remains our duty to defend and advance them in any way we can. If history is any lesson, once lost, only the clash of arms can again restore those principles and rights. And in that regard, we can only hope that such a painful re-learning of history's lessons can be averted.

If we can prevent national dissolution by restoring constitutional order, all well and good. But, ALL appropriate Founder-sanctioned remedies to successfully counter the malignant deconstruction of our system of governance must be on the table. That said, my personal view is that, short of a miracle, the foundational deterioration of our republican-free enterprise system is so nearly complete as to render that corruption irreversible, the consequence of which is that the successful restoration of constitutional order on a national level is most likely unattainable. Not a Pollyanna by nature, I am, therefore, expecting the deterioration to worsen, but am both hoping and working to reverse this corrosive process. So, while I'm not throwing in the towel, I am refocusing on more realistic and achievable outcomes. And that is precisely what we should all be doing. But, for starters, we must all jettison the blinders which dangerously impair our ability to clearly see conditions as they really are.

So, to clear-eyed patriots everywhere: don't be overwhelmed into compliance by the lawlessness, double-talk, chicanery and propaganda spewed by our "leaders" and their minions; keep your eyes on the ball and be prepared for further painful and dramatic change. Very importantly, however, begin developing a workable plan to survive and prevail as Freemen. My suggestion is that we take careful measure of those States within the current union which are most likely to successfully succeed as independent republican states. It's always a good idea to know where best to relocate our families when the rubber really does hit the road.

Our choice is simple: weak-kneed, mindless submission to and continued accommodation with an alien order quite at odds with our founding principles or a single-minded commitment to restore constitutional order--if not on a broad national level, then on a State or regional/confederated level. In any event, I can only hope that most Americans will clearly see the subversion taking place, make no excuses for it, and finally take appropriate action to reverse course.

Watching our republic slip into oblivion, I wonder just what it will take to rouse Americans from their stupor? What will it take to encourage them to take convincing remedial action to shake up the power structure and to actually resurrect the republic. I'm still wondering, and I'm still without an answer. I don't pretend to have the solution, but I do know that our doing more of the same, i.e. a little more than nothing, is solving absolutely nothing.

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"Any people, anywhere, being inclined and having the power, have the right to rise up and shake off the existing government, and form a new one that suits them better. This is a most valuable, a most sacred right, a right which we hope and believe is to liberate the world." A. Lincoln on the floor of the US House of Representatives, 1847. (Previous to his politically-motivated flip-flop in 1861)

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Amendment X of the US Constitution, 1791

"If any state in the Union will declare that it prefers separation...to a continuance in the union...I have no hesitation in saying, 'let us separate.' " Thomas Jefferson

"...a breach of any one article [of the Constitution] by any one party, leaves all other parties at liberty to consider the whole convention as dissolved." James Madison, The Madison Papers

Evaluating Lincoln's beautiful Gettysburg words that Union soldiers sacrificed their lives to the cause of self-determination, i.e. government of, by and for the people, H. L. Mencken asserted that "the Union soldiers in the battle actually fought against self-determination; it was the Confederates who fought for the right of people to govern themselves."

"If tyranny and despotism justified the Revolution of 1776, then we do not see why it would not justify the secession of Five Millions of Southrons from the Federal Union in 1861." New York Tribune, 1860
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On Executive Lawlessness: What MUST We Do?

Friday, November 14, 2014

On Executive Lawlessness: What MUST We Do?

images?q=tbn:ANd9GcQqMXrpaDTdjF4nMbsWi37WUgT9mzvySdGSxj7_m4L4eV828P-hCgOf and by themselves, whining and studiously explaining the blatant unconstitutionality of Obama’s pending immigration executive order is a foolish exercise in futility.

The answer is to isolate and debilitate Obama. Cut him off at the knees.

If Obama recklessly carries out his threat to issue a sweeping and illegal immigration executive order, our congressional representatives--with tens of thousands of American patriots at their sides--must encircle the White House and demand his resignation! Such assertive, unified action will bring it all to a head one way or the other. This lawless Chief Executive will either resign or pull his lawless executive order. Chastened, perhaps he will then behave like a law-abiding President of the United States until his merciful departure in 2016.

In any event, merely chest-pounding and complaining will no longer be enough to stop the tyranny. Clearly, Obama's achieving his alien ideological goals--not upholding his oath of office or ensuring the Rule of Law--remains the menacing driving force behind all he does. A demonstrably serial liar and neo-Marxist, it is now time to stop him!

Congressional representatives should also use their bully pulpits by appealing directly to the States and to federal employees to ignore all such orders forthwith. Congress should also withhold any funding used to execute any illegal executive orders.

Better the temporary shutdown of a corrupt government than the complete collapse of our constitutional republic.

This is about so much more than simple-minded politics. It’s about safeguarding the doctrine of separation of powers and the very survival of our republic. If Obama–or any Chief Executive– is permitted to routinely get away with such brazen acts of lawlessness, the precedent, like a malignant cancer, will render the Constitution moribund and the Rule of Law an irrelevancy. We would, indeed, become a "banana republic". Are we really willing to accept that?

P.S. I understand the Constitutional Sheriffs Association is planning to descend on DC if Obama commits this crime. If so, then perhaps the Association can lead this effort. Sitting on our hands and hoping for the best or leaving it to fate alone is utterly irresponsible and suicidal.

"The most basic reason for a community or a nation to set up a system of government is to assure its inhabitants that the rights of the people shall be protected and preserved." Thomas Jefferson

"In the face of tyranny, always permit our Founders to be our guide. To prevail, we must be fearless, tenacious and unequivocal in our steadfast defense of Liberty."
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How to Beat the Democratic-Progressive Machine

Most Americans understand the mortal threat posed by Modern Liberals-Progressives-Democrats: their unbridled insanity, shameless mendacity, ruthlessness; their visceral ideological loathing of the Constitution, free enterprise and individual liberty; and their relentless effort to "fundamentally transform the United States of America".

Conservatives continually point out the folly and perfidy of Liberals:  their hypocrisy, terribly failed policies, insidious racial and gender politics, deceit, and their subversive goal to destroy what precious little remains of this constitutional republic.

To blunt the Liberal machine, in a characteristically gentle, civilized, logical and, yes, self-defeating, manner we Conservatives-Republicans have tried to reason with them, to compromise with them, and to carefully explain to the American voters the demonstrative destructiveness of Progressive-Liberal policies--so far, however, with spectacular ineffectiveness.

So what's the answer? How do Conservatives-Republicans put the Democrats on their heels and politically prevail? How do we defeat the Democratic-Alinskyite machine?

Well, it seems it's a careful mix of Machiavelli, George Patton, Madison Avenue, commonsense and a heavy dose of some good 'ole American grit and determination!

Today, I read what is, for all practical purposes, a powerful political expose and primer regarding what the Democratic Party and its horribly destructive policies over the years have really been all about and what exactly Conservatives must understand and do in order to prevail at the ballot box. Entitled "Take No Prisoners" by David Horowitz, who has an incomparable insight into how the radical left operates, the following are some especially salient excerpts from his masterfully instructive and timely book. Republican campaigners, take note:

The most important battle in the world today is not being waged in the Middle East but here at home, in the United States.

If you don't come to the arena  ready to fight a political war, the Democrats will. And they will win. The passions that motivate them are self-righteousness and hate. They hate conservatives and Republicans, and think they are evil; they are missionaries, and their politics is a religion that provides them with a meaning for their existence. 

If forced to fight, then fight to win! In political warfare you do not fight just to prevail in an argument, but to destroy the enemy's fighting ability.

Democrats see history as something to transcend, not as providing a reservoir of experience from which they must learn; dishonesty is fundamental to the progressive cause since the cause is always about an imagined future whose panaceas cannot pass the test of experience.

The Democrats' primary agenda is not to promote practical solutions to complex problems; their only consistent agenda is power, which they hope to use to fundamentally transform America into a guardian state; the goal of each progressive program is the subordination of the private sector to the power of the state. 

Hope works, but fear is a stronger and more compelling emotion. 

Campaigns are supposed to make the other candidate unlikeable. (Your opponent is never described as a "good man", a "nice guy".)

Republicans target the problems; Democrats target the politics.

[Republicans] need to accept that Democrats are going to practice the politics of personal destruction and attribute to Republicans the sins they themselves have committed. They do it because that's the way they win.

Why are Republicans so reluctant to name the victims of Democrat policies, particularly the victims among America's minorities and working classes?

You must convince people you care about them before they'll care about what you have to say. When you speak, don't forget that sound bite is all you have. Whatever you have to say, make sure to say it loud and clear. Keep it simple and keep it short--a slogan is always better. Repeat it often. Put it on television. In politics, television is reality; images--symbols and sound bites--will always prevail. Focus your message and repeat it over and over again; what you project through images is what you are.

Suggested sound bite for Republicans: "Taxes for bureaucrats out of the pockets of the people."

You must define yourself in ways that people understand. You must give people hope in your victory and make them fear the victory of your opponent.

If Republicans want to persuade minorities they care, they have to stand up for them. They have to defend them. They have to show that Democrats are playing them for suckers, that Democrats are exploiting them, oppressing them, and profiting from their suffering--an easy case to make if there were Republicans willing to make it. 

For Republicans to win, it is necessary to compete with Democrats on the caring issues, to reach beyond the partisan core and expand the conservative base. 

Politics isn't just about reality. If it were, good principles and good policies would win every time. It's about images and symbols and the emotions they evoke. Using the romance of the underdog against the Democrats is the best way to neutralize their attack.

In political warfare, if only one side is shooting, the other side will soon be dead.

For Democrats, politics is not just about who will run the government. It's about the nature of government itself; Democrats regard politics as a religious war.

To win, it helps if you have good principles and good policies. But having a good image for yourself and attaching a bad image to your opponent is even better. In politics, as in other battles, what is decisive is how you fight. If you are losing, you need to look to yourself for the reason why you are not doing better. (In the long run, the American people will do the right thing.)

Because Conservative expectations are low, they easily become self-fulfilling visions of defeat.

Democrats will not become "reasonable" until the American people understand what they are doing. The only way this will happen is if Republicans make the Democrats' oppression of the poor and minority children the focus of their political attack; the attack must expose the Democrats' hypocrisy, tarring their character in the same way and to the same degree that current Democratic attacks taint conservatives. It must pack the emotional wallop that will neutralize the assault. 

Elections are driven by emotions, not reason, and when it comes to mobilizing political emotions, Democrats beat Republicans, hands down. While the Democratic attack appeals to the base emotions of envy, resentment, and fear, Republicans' response to Democrats' attacks is ineffective because it speaks to voters in a language which is abstract, unemotional, and indirect. 

Republicans win national elections only when they put national security issues at the center of their campaigns.

When Democrats attack, they speak from the same text, when they march to the polls, they march in lockstep; because Republicans speak with many voices, their message is diluted, hard to hear, and difficult to understand; Republicans do not frame their campaigns as moral crusades and do not mobilize their troops under the banner of a morally uplifting, unifying idea. 

It is time [for the Republicans] to connect the struggles for individual freedom at home and the defense of our free society abroad, and to make them one.

To make a strong case for limited government and individual freedom, conservatives need to address the concern that Americans have for the well-being of others. They must speak to Americans' hearts and not just their pocketbooks.

Re Tea Party and the Republican Party: Understanding that conservatives disagree on tactics, not fundamentals, is crucial to keeping the marriage alive. A tactical difference is not grounds for divorce.

Fighting fire with fire means throwing the Democrats' atrocities against black and brown Americans in their faces every time they open their mouths. It means condemning them for destroying the lives of millions of poor black and Hispanic children. It means taking up the cause of the victims and indicting the progressive perpetrators. 

I could easily and enthusiastically go on, but I think you can all see how critically important and timely this wonderfully readable and instructive book really is. Obviously, I highly recommend this book to every Republican-Conservative campaigner, consultant and leader who is genuinely determined to achieve electoral success and a restoration of constitutional order in America. I can only hope that Rince Priebus has taken the time to read it and to share its wisdom with fellow Republicans running for office.

To the Conservative-Republican-Tea Party alliance: this is a MUST-READ-NOW book!
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Pastoral Perfidy

In a recent 2-year study by George Barna, it was found that while nearly 90% of all American pastors believe that the Bible provides specific answers to the myriad issues challenging us today, only 10% say they will address those issues from the pulpit.

According to the study, the reason so many refuse to openly address these issues from the pulpit is to avoid "controversy", thus ensuring a "successful church".

Wow!

In the study, the vast majority of pastors said they determined "success" in five ways: attendance; donations; number of programs; number of staff; and, yes, square footage!

Inspiring and reassuring, huh?

My recent experience with my own Catholic parish in Rochester, NY seems to validate Barna's findings. Last week, I formally requested that the parish promote a strictly non-partisan "Voter Registration Sunday" in September. While exiting services, a manned table in the vestibule would be set up to assist interested parishioners to register to vote. Only a brief announcement from the pulpit and a small bulletin insert would inform parishioners of this service. However, in a follow-up meeting with the pastor the initiative was categorically rejected. Why? Such an event on parish grounds would be in violation of diocesan policy!  So much for civic responsibility, principle, courage of one's religious convictions and fearless adherence to Christian values and Biblical teachings. So much too for patriotism.

Shortly before this, I approached a very large Baptist church in the same area with the same request and the pastor immediately agreed.

Thus, while there are exceptions to the rule, there clearly appear to be more "CEO-type pastors" out there than committed God-fearing religious ones. Judging from the study's conclusions and my own experience, far too many church leaders seem to value their lofty position in the community, their creature comforts and "square footage" more than their religious calling to shepherd their flocks. Obviously, elitism comes in many forms, or so it appears.

Is it any wonder it's been such a tortuously uphill fight for patriots and Christians to restore constitutional order and those bedrock traditional American values that once made America so exceptional? If, for whatever reason, our churches betray their calling and, in turn, their flocks, on whom CAN we count? Note: our Founders warned that if we lose our Christian moorings and our traditional values, if we forsake our civic responsibilities, we will irretrievably lose our Republic.

Finally, in response to this study, a Reverend Chuck Baldwin is quoted as saying that "it is time for Christians to acknowledge that these ministers are not pastors: they are CEOs. They are not Bible teachers: they are performers. They are not shepherds: they are hirelings. It is also time for Christians to be  honest with themselves: do they want a pastor who desires to be faithful to the Scriptures, or do they want a pastor who is simply trying to be "successful".

Yet again, the cause for the corruption of our leaders, both pastoral and secular alike, is staring boldly back at us from the mirror before us. By our silence and compliance, we alone are the reason for our country's disintegration.

"...activities intended to encourage people to participate in the election process, such as voter registration and get-out-the-vote drives, would not be prohibited political campaign activity if conducted in a nonpartisan manner." Internal Revenue Service

"God cannot sustain this free and blessed country, which we love and pray for, unless the Church will take right ground. Politics are a part of religion in such country as this, and Christians must do their duty to the country as part of their duty to God...God will bless or curse this nation according to the course Christians take in politics." Charles Finney, "Lectures on Revival of Religion" (1835)

"All that is necessary for the triumph of evil is for good men to do nothing." Edmund Burke
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My Take on Obama's Address Tonight

Just finished watching Obama's televised address regarding America's response to developments in Iraq.

In all honesty, and for the first time in my memory, Obama actually sounded like a confident, committed leader, a genuine commander-in-chief who, by all appearances, sincerely believed what he was saying.
 
But, despite the intense, polished, in-charge demeanor, it was hard to shake that nagging awareness that Obama remains Obama, all the good, the bad and the ugly, and that he remains totally ideological and politically motivated in all that he says and does.

That said, his decision to conduct humanitarian airdrops to relieve the besieged and starving Iraqi minorities atop a mountain in northern Iraq, this to prevent "genocide" at the hands of ISIS, was refreshing. Though pleasantly surprising and completely out of character, it was nonetheless very good to hear.

And though undefined, his decision to permit "targeted air strikes" in order to "defend American personnel",  and to provide "assistance" to both Baghdad forces and the Kurds, his decision was, indeed, encouraging. Again, not having better defined the nature and breadth of those "targeted air strikes" and the "assistance" to be provided to friendly forces in Iraq left me hanging and uncertain.

Throughout his speech he repeated "targeted air strikes" three times and assured Americans that he understood their reluctance to "get dragged into [another] war in Iraq". Certainly, there was no indication that this intervention would be anything but very, very limited.

I couldn't help but recall Clinton's very effective air strikes on Serbian forces in the 90's. It made all the difference in the world--and without boots on the ground. With that successful operation in mind, my hope, of course, is that these "targeted air strikes" will eventually encompass on-going and crippling strikes on all ISIS forces everywhere.

I appreciated his intention to "support moderate forces [in Iraq] to create stability" and to form a new, more inclusive Iraqi government. Obviously, PM Maliki, a divisive and debilitating political force in Iraq, has to go if the Iraqis can ever hope to restore political order, national unity and a more effective Iraqi fighting force capable of fending off or even defeating ISIS .

Ever the globalist, he underscored the need to "consult with the UN and other countries", though what he was expecting of such consultations remained unclear. Troops, arms, air bases?

His one comment which piqued my incredulity was his statement that it was always America's core interest to "support our allies and to lead coalitions", clearly an interest to which, in my humble opinion, he has paid lip service during his stint as Commander-in-Chief.

Another statement which caused me to shake my head in exasperation was  that "the world looks to us to lead and that's why we do". Hmmm. I guess I missed all that "leading" over the last six years.

Anyway, I am heartened that this humanitarian effort has been undertaken, but I am also certain--as I am sure he is--that he will now get a bump in the polls for this action.

Finally, because I firmly believe he is, first and foremost, a cold, calculating me-first ideologue, I still don't trust him to do the right thing for the right reasons. Thus, I don't trust that this ill-defined and apparently very limited operation will, in the longer term, satisfactorily serve the interests of Iraq, the Kurds or the United States. Nor do I believe it will appropriately cripple ISIS. On this, I sincerely hope he proves me dead wrong.
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During an interview with Bill O'Reilly on August 6th regarding the off-duty border patrol agent who was murdered by two illegal aliens, and much to O'Reilly's astonishment, Lou Dobbs reported that an illegal RE-entry by an illegal alien is a criminal offense. Mr. Dobbs actually cited Section 1325 of the US immigration law to support his claim

It's always a source of elation for me when the heavily opinionated chatter on the various "news" channels is sometimes interrupted  by actual facts and a little education. And for that, I am especially grateful to Mr. Dobbs.

Being an 'ole immigration worker in my pre-retirement  life, I knew Mr. Dobbs was correct, but, for my own benefit and knowing how immigration law is nearly always in flux, I decided to double-check the accuracy of his report. So, in a nutshell, and for those of you who care, these cites:

--Under INA Sec 212(a)(9)(C), a person who was removed from the US and then tries to enter without going through the required admission procedures will be permanently barred from any future entry into the US.

--Title 8 Section 1325 of the US Code renders illegal entry a misdemeanor carrying with it imprisonment for 6 months for the first offense, and a felony and 2 years in prison for the second offense. In short, any alien who (1) enters or attempts to enter at any time or place other than as designated by immigration officials, OR (2) eludes examination or inspection by immigration officers, OR (3) attempts to enter or obtains entry by a willfully false or misleading representation or the willful concealment of a material fact shall, for the first offense, be fined ($50-$250) or imprisoned for not more than 6 months, or both, and, for a subsequent commission of any such offense (illegal re-rentry), be fined or imprisoned for not more than 2 years.

I'll bet dollars to donuts this law is very rarely enforced and, for the most part, utterly ignored by the Adminstration and their open-borders lackeys and supporters.

Just so there's no wiggle room on how one might interpret the meaning of this section of the law, illegal re-entry means one of the following has occurred: alien was (1) denied admission to the US, (2) excluded from the US, (3) deported from the US, (4) removed from the US, or (5) departed the US while an order of exclusion, deportation or removal was outstanding.

With particular respect to the two illegals who murdered the off-duty border patrol agent earlier this week, aliens re-entering or found in the US without government approval, after a criminal conviction for an aggravated felony--which will surely apply in this case--the maximum term of imprisonment is 20 years and a permanent bar from any future entry into the US.

(Note: if an alien illegally re-enters, after a criminal felony conviction for a non-aggravated felony, or after 3 or more misdemeanor convictions for drug-related crimes or crimes against persons, he or she is subject to a fine or imprisonment for up to 10 years, or both.)

Again, thank you, Mr. Dobbs. The education, a rare treat offered up by "news" shows these days, was sincerely appreciated.
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If Not Impeachment, What?

With some exceptions, pundits and politicians alike are, for the most part, stifling meaningful discussions about impeachment, choosing instead to dwell on the electoral ramifications of impeachment rather than upon the dangerous impact of a lawless Chief Executive on the Rule of Law.
images?q=tbn:ANd9GcQ6KrJbd2wPK2cdiIKSNp-CQwcMzzxNtRXwlOhURtDZFdGmNGP9SwIn  a nutshell, this is the awful truth today: at last count, Obama has committed over 52 manifestly impeachable offenses. (See my previous OPINERLOG posts dtd  8/1/11 and 1/9/13 for an explanation of what our Founders defined as an impeachable offense.) However, without a knowledgeable, fully engaged and appropriately incensed electorate which insists upon the Rule of Law, there is insufficient support for impeachment. It's that terribly simple. Knowing this and for purely political reasons, the Democrats are now cynically attempting to rouse their electoral and donor base by warning them about "bogus", "contrived", "grand-standing", "groundless" impeachment efforts emanating from the bogeymen on the right. And without adequate public support for impeachment, Republicans are now compelled to embark on a less confrontational, less politically suicidal, albeit untried, course of action, that being to sue Obama in a court of law.
Talk about a ruinous equation: an ignorant and apathetic electorate + a lawless Chief Executive + a politically weakened/undermined Congress = Tyranny.
Though impeachment is THE constitutional remedy to Executive overreach, in the absence of public support for such a remedy, and with their future Senatorial political fortunes at stake, Republicans simply have no reasonable recourse but to sue. And, quite naturally, the Democrats are demeaning that remedial effort as well. 
To my knowledge, Congress's suing a Chief Executive on the grounds that he has violated the Constitution and the separation of powers doctrine clearly breaks new constitutional ground. And who really knows how it will all play out.
Let's say the court accepts the case and rules in favor of Congress. A long shot, but a possibility. Then what? Since the court has no executive authority, it's ruling would be just that--a ruling without teeth, but, presumably, with some measure of moral authority. Given that scenario, it can only be hoped that Obama would relent. But, if he doesn't back off, then what? In that case, my guess is that public support for impeachment might well appreciably increase, thus, perhaps, persuading Obama to back off. But, what if Obama still doesn't back off even then? 
The political gamemanship and wonky calculations aside, when the Chief Executive overreaches his Art II constitutional authority--something Obama clearly has done--thus violating his oath to preserve, protect and defend the Constitution of the United States, our Founders would have quickly and unreservedly counseled impeachment and removal. In the absence of impeachment, the Founders, to a man, would have encouraged the States and We the People to take all appropriate remedial actions to stop Executive overreach in order to defend our Liberty and our Republic.
As originally designed, we must always bear in mind that determining what is and what is not constitutional rests ultimately with the People. Thus, the burning question becomes this: what will the People and the States, their immediate fiduciary agents, do to restore constitutional order if Obama--or any lawless Chief Executive in the future--cannot be effectively checkmated and stopped by impeachment? The constitutional options are crystal clear: Civil Disobedience, Nullification, Secession, Rebellion. Of course, the People are certainly within their power to simply yield to the lawlessness, a predilection, I'm afraid, which, among too many Americans today, is becoming more and more apparent.

We have over two more years ahead of us to somehow contend with this runaway, transformational Chief Executive. Will he be effectively reigned in before being permitted to plunge the country into chaos, dictatorship or disunion? As God is my judge, I simply do not know how to answer that troubling question. But, disturbingly, the vision of a compliant, shackled American population continues to assail my thoughts.

Personally, whatever remedial actions espoused by our Founders which will restore constitutional order and the Rule of Law is fine by me and should be single-mindedly pursued by us all. But, why do I again feel like a majority of one.
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