Natural Born Citizen

This is the second in a series of Constitution-related posts.

Natural-born, Native-born, and Naturalization

Let’s start this discussion with some definitions, dispel some assumptions, and request some civility in the follow-up discussion. This discussion is going to be, as much as possible, restricted to the qualifications for the Office of President of these United States and the portion of U.S. Constitution, Article II, Section 1 which states “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President”.

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Obama Crosses the Line

Well, the President has certainly stepped in it this time.

The Supreme Court firmly established in Marbury v. Madison in 1803 that government behavior that is repugnant to the Constitution is not valid, and it is the duty of the courts to make that determination and to invalidate such behavior. This is called “judicial review:” It is the power of the courts to review the acts of the other branches of the federal government, and to review the laws of the states, and to void them when they exceed the confines of the Constitution. No serious legal scholar has questioned this power in the past 175 years.

The president is entitled to his own opinions, just like everyone else is. He is free to argue and to predict that ObamaCare should and will be upheld. But he cannot seriously suggest, with intellectual honesty, that the Court is without lawful authority to invalidate an act of Congress that the Court determines is repugnant to the Constitution.

Nor can he, with intellectual honesty, issue veiled threats to the Court.

The Court is his equal, as a branch of government. But since 1803, the Court is superior to the president on having the final say as to what the laws and what the Constitution mean; and the president knows that.

Now the Judge says the President “knows” all this, which begs the question, why then did he say what he said?  Is it simply his narcissism showing through?  Did Justice Kagen already get word to him that ObamaCare will be struck down, and he’s just getting even — in a juvenile, school-yard sort of way.  He could have just called the Supreme Court a bunch of poopy heads; it would have been about as effective and classy as what he said.  I suppose this could, as a number of pundits have suggested, be a way of preparing his army of useful idiots to take to the streets in protest if and when the Court announces that it has found the law unconstitutional.  And, of course, there’s always the possibility that he already knows the Court will uphold ObamaCare, and he will simply be able to say, “see, I told you they couldn’t strike it down”.  I’m not betting the farm on that last option, but nothing this crew does surprises me anymore.

The interesting thing to take note of will be opinion polls over the next week or two as they relate to Obama’s approval by Independents.  I can’t imagine a large percentage of Independents admiring this latest move by the President, and without a strong majority of Independents’ votes, he’s toast in November.

Supreme Court Oral Arguments on ObamaCare – Open Thread

The Supreme Court is halfway through its 3 days of oral arguments on the constitutionality of ObamaCare, highlighted by this reaction from Justice Anthony Kennedy:

Justice Anthony Kennedy, a possible swing vote for the court, was rigorously challenging Verrilli. Kennedy said he needed to answer a “very heavy burden of justification” to show how the Constitution authorizes Congress to require that individuals buy insurance or pay a penalty.

At one point, Kennedy said the mandate changes the relationship between citizens and the government “in a fundamental way.”

Lots of news on this, and judicial bloggers are having a field day.  Good time for an open thread.

The Political Spectrum (Left vs. Right)

This is the first in a planned series of posts about the Constitution and political ideology.

Aside from the belief of the Founding Fathers for the need of an “enlightened electorate” which are both educated on the issues and of high moral standing—the misguided effort of the Progressives to march out the quite often disproven yardstick of “Communism on the Left” and “Fascism on the Right” is one of many of my pet peeves commonly employed by this very same group of uneducated potential voters.

The Communism = Left, Fascism = Right misnomer has more to do with the seating arrangement of the parliaments of Europe than it does with where the political system actually falls on the left-right spectrum. Plain and simple–government is power by rule or control. Political systems (not parties) can be measured by how much coercive power or systematic control the system employs over its people. Remove the monikers from the parties because this argument has nothing to do with parties but rather power and control. Nothing to do with Republicans, Libertarians, Democrats, Progressives, or even the Green party–the measurement is not one of political parties, but rather political power.

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The founders considered the two extremes to be anarchy (no government, no law) on one hand and tyranny (absolute control) on the other. On one side, the left, of the scale was tyranny or complete domination which they called “Ruler’s Law” and at the other extreme of their scale (on the right) was “No Law” or total anarchy. What the founders designed was a system shy of total anarchy but based on as much freedom as possible which they called the “People’s Law.” Try to remember this has nothing to do with political parties but rather the amount of systematic control the “ruling class” exerted over the ruled.

Ruler’s Law

Some of the characteristics of Ruler’s Law (which was often described as a tyrannical monarchy) echo the thinking of Progressives; People are not equal, but are divided into classes, all are looked upon as subjects of the King.   The entire country is considered to be the property of the ruler(s) who speaks of it as his/her realm. Thrust of Government is from the top down, and not from the people up. “Subjects” have no unalienable rights; rights are issued and rescinded by government hence government is by the whims of men and not fixed by the rule of law. As Jonah Goldberg explains (in Liberal Fascism) “They have a desire to form a powerful state which coordinates a society where everybody belongs and everyone is taken care of; where there is faith in the perfectibility of people and the authority of experts; and where everything is political, including health and well-being.”

People’s Law

This country was therefore founded under Anglo-Saxon Common Law, Natural Law, or what was called the People’s Law, where the people were considered a commonwealth of freemen and the decision and selection of its leaders had to be with the consent of the people. Laws were considered natural law given by divine dispensation, power was delegated among the people, and the rights of the individual were considered unalienable. The primary responsibility for resolving problems was first with the individual, then the family, then the community, then the religion, and finally the government or nation.

Conclusions

With anarchy marking the right boundary of the scale while tyrannical monarchy marks the left side of the scale it becomes easy to mark where on this scale differing political systems, not parties, fall. As we traverse this scale from left to right, political systems like Communism and Fascism are placed at the far left, if not totally on the left side of the scale because of the oppressive nature of the rulers, state ownership, or state control over, of all industry and farms, and the lack of individual rights. Progressive-based systems are next, as is Liberalism (a “child” of Progressive think), but definitely left of center on the scale no matter the form. As Goldberg points out, an effort of Liberal Fascism is “to create an “all-caring, all-powerful, all-encompassing” state” but concludes with “Simply because the nanny state wants to hug you doesn’t mean it’s not tyrannical when you don’t want to be hugged”. No matter how benevolent they attempt to appear–political systems are based on control and power. Finally on the right side of the scale stands our Representative Republic as far to the right without falling into total anarchy allowing its people as much freedom as possible while living under a rule of law. The question of how far to the left on the scale they fall is answered by how much power and control they exert over the individual.

Make no mistake, since the foundation, this country has been shifting left by hook and crook through the likes of Presidents Wilson, Roosevelt, and Johnson, among others but that is neither the original framers’ intention nor those of us who uphold the Constitution today as an outline for the best means of governing the country. We hope this post, as well as subsequent related posts, leads to meaningful, civil discussions about exactly what kind of country and what level of government we want for future generations of Americans. As a final note: A great deal of this posting goes to many people but not least folks like W. Cleon Skousen, Cicero, J. Goldberg, and some residents of this blog.

Gay Judge Refuses to Perform Straight Marriages

You know being a judge is not a position to make political statements

Dallas County Judge Tonya Parker says she won’t perform marriage ceremonies until homosexuals can be wed.

During a Feb. 21 meeting, Parker told the Stonewall Democrats of Dallas that while she has the power to perform legal marriage ceremonies in her court, she will not.

“I use it as my opportunity to give them a lesson about marriage inequality in this state because I feel like I have to tell them why I’m turning them away,” Parker said. “So I usually will offer them something along the lines of, ‘I’m sorry. I don’t perform marriage ceremonies because we are in a state that does not have marriage equality, and until it does, I am not going to partially apply the law to one group of people that doesn’t apply to another group of people.’ And it’s kind of oxymoronic for me to perform ceremonies that can’t be performed for me, so I’m not going to do it

Seriously? Is this what a judge is supposed to do? No. We don’t want judges making rulings base on personal politics. We expect them to interpret the law objectively. Just as we don’t expect or want law enforcement to subjectively enforce the law, based on personal biases.

Of course, this isn’t very surprising… given the example set by the Obama Administration of selectively not enforcing laws it doesn’t agree with.

The Bill of Rights

Back on December 8th a post about Obama bumper stickers generated 133 comments over the course of 4 days.  Late in the thread a discussion of the meaning and ramifications of the Second Amendment developed, and commenter Cory veered off into the weeds with some bizarre assertions.  Lest I be accused of misrepresenting what he said, let me just quote directly.

In response to Amazona’s casual comment that “BTW, gun control is a Constitutional issue.”

Cory responded with:

“That’s such crap. There is exactly one Constitutional decision to be made about gun control: either I have the right to bear the arms that the Framers had available (or their rough equivalents), or I have the right to bear anything and everything, including a suitcase full of weaponized Anthrax or a nuclear weapon. The one sentence in the Constitution doesn’t leave any room for any interpretations in between, so which is it? You can’t make the Constitution give you the right to a concealed handgun without giving criminals the Constitutional right to weapons of mass destruction, and I have this funny feeling that if you survey the American public, almost zero of them would want that.”

As the error of his logic was pointed out to him by several individuals, Cory just kept digging his hole deeper and deeper, including statements like this gem:

“I only brought up gun control in passing. Amazona was the one that latched onto it like a rabid dog. I actually don’t have a strong opinion on gun control, I just get sick and tired of hearing people debate about the interpretation of a now useless Constitutional amendment instead of having a discussion about what weapon restrictions make the most sense.”

Finally, after what really had been a pretty civil discussion, he blurted out:

“This will be the last time I post on (or read) blogs4victory. I’m sure some of you are already jumping for joy, because you are thinking you have “won”. I’m not really sure what you’ll think you’ve won, as you surely have not drastically changed my mind on anything, but congratulations to you, anyway.”

That was toward the end of the thread, but it gave me the idea for a post about the Bill of Rights in general, and the Second Amendment in particular.  I find it to be one of the ultimate ironies of our political system that Madison’s promise of a subsequent Bill of Rights was what it took to secure ratification of the Constitution in 1789, as many feared the power of a central government without codified restrictions on the power of that government.  For at least the last century, Progressives have been trying to figure out ways to expand their power by either ignoring, distorting or outright assaulting those individual rights.  If that doesn’t have the makings for a spirited discussion, I don’t know what does.

Tuesday Open Thread

Have at it.

Primaries…. in 3 WEEKS!

POLL: PEOPLE FEAR BIG GOV’T MORE THAN BIG BUSINESS OR LABOR…

Yes, obAMATEUR is “serious” about border security….

FEDS PLAN UNMANNED CROSSING WITH MEX…

Obama to slash National Guard force on border…

I wonder if the cat had to pay the Death Taxes?

Woman Leaves $13M Fortune to Pet Cat…

The libs will cater to their special interests….

Congress considers bill to censor Internet… it doesn’t matter if it is unconstitutional…

…. and everybody’s favorite uninformed talking head liberal drone …. DNC chair denies unemployment up under Obama…

Update:

‘The Americans have perhaps decided to give us this spy plane’…

OBAMA: Can we have it back, please?

Regarding High Crimes and Misdemeanors

If this doesn’t fit the bill, nothing does..

Wisconsin Republican Rep. Jim Sensenbrenner, a former chairman of the House Judiciary Committee where Attorney General Eric Holder testified on Thursday, suggested that impeachment of administration officials involved with Operation Fast and Furious may be the only way to bring the scandal to a close.

In a heated exchange between Sensenbrenner and Holder during Thursday’s Judiciary Committee hearing, Sensenbrenner said impeachment is one option on the table if Holder and the Justice Department continue to withhold information from congressional investigators.

Sensenbrenner didn’t specify which administration officials he thinks could face impeachment proceedings, or if Holder is among them. But he did say the drastic measure would be a last resort.

“There is really no responsibility within the Justice Department,” Sensenbrenner said. “The thing is, if we don’t get to the bottom of this — and that requires your assistance on that — there is only alternative that Congress has and it is called impeachment.”

Folks– This IS an IMPEACHABLE offense– and that’s not hyperbole. The Obama justice department, via Fast & Furious, has become complicit with and a party to out-and-out MURDER, with hundreds of innocent people, including one brave U.S. border control agent, dead as a result of this program–all designed to make it easier for the Obama administration to impinge on 2nd amendment rights. This is nothing less than unconscionable; a criminal act worthy of the rank of “High Crimes and Misdemeanors.”

Holder must resign. Obama must resign or be impeached.

Soulmates?

The #Occupy (insert name here) crowd have enmassed quite a few fellow travelers to their cause. But perhaps, though not surprisingly the most noteworthy group to join their cause has been none other than the American Nazi Party:

What is really MISSING – is the “MOVEMENT” from these popular protests – its time to pull WN heads out of their collective ass’s, and JOIN IN the attack on Judeo-Capitalism.  What do you suggest? That WN Working Class White people DEFEND the Judeo-Capitalists?  IF the “movement” wasn’t so PATHETIC it would be OUT THERE – LEADING these protests!  The fact that its these “lefties” as you call them, who are picking up the ball and running with it – only shows how much more in tune THEY are with the fed up masses of White Workers, than the fossilized, reactionary “right-wing”.  WHO holds the WEALTH and POWER in this country – the JUDEO-CAPITALISTS. WHO is therefore the #1 ENEMY who makes all this filth happen – the JUDEO-CAPITALISTS. WHO therefore do WN need to FIGHT?  My heart is right there with these people, perhaps someday the “movement” will SHOW the same COURAGE and DEDICATION that these people OUT THERE FIGHTING are SHOWING!
Sincerely,  ROCKY SUHAYDA  Hail Victory!  88!  www.ANP14.com

While anything having to do with even the word “Nazis” has inherent shock value (including the the fact that there even continue to be hate groups such as this), what isn’t necessarily surprising is that they are in solidarity with the #Occupy movement.

Now before you go all Godwin on me in this case (actually, you can’t– it is the Nazis’ chosen solidarity with the #Occupy movement that makes the movement itself de facto Reducto ad Hitlerum), let me state my case.

First of all, the #Occupy demands (official or not) are incompatible with a free society. #OWS protesters do NOT want a free society. They do not want capitalism.  I’m going to come right out and say it:  they in fact, want communism.  Communism, as history has shown time and time again, has invariably led to lives of misery and untold oppression, not to mention the murder of literally tens of millions of people.

Second, despite what they may tell you, #OWS protestors are not just a bunch of peaceful, warm & fuzzy (albeit pungent) hippies.  As there is no way their demands can be met within the legislative process, other than by throwing away the United States Constitution,  in order for their utopian society to be realized, an overthrow of the Constitution must be undertaken, and with it, an unavoidably violent revolution.  They (at least the politically astute among them) know this. Karl Marx knew this. Lenin knew this. Mao Tse Tung knew this. Castro knew this. Adolph Hitler knew this.  And the American Nazi Party knows this.

Third, there is a viral antisemitic theme threading throughout the global and domestic #Occupy movement.  There must always be a scapegoat around which one can rally their useful idiots.  The #Occupy folks have rallied their troops around minority Jewish bankers…capitalists..that happen to be rich.  A veritable trifecta of a target!

And lastly, it should be noted that many democrats of note, including our President, have also sided with the #Occupy crowd.

Envy, oppression, violence, murder, misery.

When it comes down to it, my friends, communists, Nazis, and the Occupy Wall Street crowd are nothing more than different feathers on the same bird.

ObamaCare to the Supreme Court

From Politico:

The Obama administration chose not to ask the 11th Circuit Court of Appeals to re-hear a pivotal health reform case Monday, signaling that it’s going to ask the Supreme Court to decide whether President Barack Obama’s health reform law is constitutional.

The move puts the Supreme Court in the difficult position of having to decide whether to take the highly politically charged case in the middle of the presidential election…

I can’t see how the individual mandate can be ruled constitutional…but, I guess we’ll see.  It’ll either wipe out Obama’s signature issue right in front of the 2012 election, or provide ammunition for Obama against those of us who argue it is unconstitutional.

Stay tuned.