Category Archives: Politics

Sorry, Donald. Cruz and Rubio are BOTH Eligible for President

Republican presidential candidate, Sen. Marco Rubio, R-Fla. pauses while speaking during a technology roundtable at the Switch Innovation Center, Friday, May 29, 2015, in Las Vegas. (AP Photo/John Locher)

If I had a dollar for every time I heard someone say that Ted Cruz and Marco Rubio are ineligible to run for president because they are not “natural-born citizens,” I would have more money than the recent $1.5 Billion Powerball winners. Donald Trump is wrong. The Constitution and case law are clear. Both Ted Cruz and Marco Rubio are natural-born citizens, and therefore eligible to run for president.

Article II, Section 1 of the Constitution makes it clear that only a natural-born citizen, who is at least 35 years old, is eligible to be president:

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.

So are Ted Cruz and Marco Rubio natural-born citizens under the Constitution? The answer is yes. While the Constitution does not define natural-born, statutes and the common law, dating back to pre-colonial English common law have addressed and settled this issue.

Ted Cruz is a Natural-Born U.S. Citizen

Ted Cruz was born December 22, 1970 in Calgary, Alberta, Canada. His father, Rafael Cruz, was born in Cuba and his mother, Eleanor Wilson, was born in Wilmington, Delaware. The family relocated to Texas in 1974.

Most legal scholars agree that a natural-born citizen is one who does not need to go through the naturalization process. The Naturalization Act of 1790 addresses the issue of children born outside our borders to American citizens:

[T]he children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens:  Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States:  Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed.

Many birthers, such as Ann Coulter, make the argument that at the time the Naturalization Act of 1790 was passed, citizenship only passed through the father, requiring that the father must be a U.S. Citizen. While this is true, they hold the false belief that the Constitution has not been amended to change this. At the time of the signing of the Act, women also could not own property without her husband. Since it is not mentioned or amended in the Constitution, I hope that Coulter is prepared to forfeit her property she owns on her own since that is her interpretation of the Constitution. But I digress. Furthermore, the definition of a natural-born citizen was later codified at 8 U.S.C. 1401(d). It reads in pertinent part:

The following shall be nationals and citizens of the United States at birth:

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

Since Ted Cruz’s mother is a natural-born citizen, Ted Cruz is also a natural born citizen. It does not matter that he was born in Canada. The Supreme Court has also answered this question. In Rogers v. Bellei, 401 U.S. 815 (1971), the Court held that the federal government may revoke the citizenship of a natural-born citizen if certain requirements were not met. In this case, Aldo Mario Bellei was born in Italy to an American mother and an Italian father. Mr. Bellei held both Italian and U.S. citizenship.

While the primary issue reviewed in Bellei was not on the definition of a natural-born citizen, the Court first had to determine that Mr. Bellei was a natural-born citizen. Upon determining that Mr. Bellei was a natural-born U.S. citizen, the Court held that the federal government may set a condition subsequent on citizenship for those born outside the United States. Specifically, the government may revoke the citizenship of natural-born citizens born outside the United States when citizens do not establish domicile within the United States by age 23 and remain for at least five (5) years. See Immigration and Naturalization Act of 1952 sec. 311.

In the case of Ted Cruz, he moved to the United States at the age of three (3) years old and has maintained domicile in the United States since then. Therefore, he is a natural-born citizen of the United States and eligible to run for and serve as President of the United States.

Marco Rubio is a Natural-Born U.S. Citizen

Presidential candidate, Donald Trump recently stated that he is unsure that Marco Rubio is eligible to run for president. The case for Rubio’s citizenship is more clear-cut than the case for Cruz. Marco Rubio was born on May 28, 1971 in Miami, FL. His parents came to the United States in 1956. At the time of Rubio’s birth, his parents were Permanent Residents of the United States. This means that his parents were here legally with their “green cards.” Federal law is clear that those born on U.S. soil and subject to the jurisdiction of the United States are natural-born citizens. 8 U.S.C. 1401(a) reads in pertinent part:

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof.
Of course, the 14th Amendment sec. 1 provides that:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
(emphasis added)
Since Marco Rubio was born on American soil (last time I checked, Miami is still American soil), and he is subject to the jurisdiction of the United States, he is clearly a natural-born citizen.
The Supreme Court has also ruled on this. In U.S. v. Wong Kim Ark, 169 U.S. 649 (1898), the Court held that a child born on U.S. soil to permanent residents of the United States is a natural-born citizen by virtue of the 14th Amendment. Justice Horace Gray, citing to U.S. v. Rhodes (1866), stated in his majority opinion that:
All persons born in the allegiance of the King are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. . . .
Wong Kim Ark, 169 U.S. at 662. (emphasis added)
Conclusion
The fact that Donald Trump and other birthers would raise questions as to the eligibility of either Ted Cruz or Marco Rubio to run for president is absolutely absurd. Any litigation of these issues is frivolous and a waste of taxpayer money. It is this lawyer’s belief that anyone who brings such a frivolous suit should be sanctioned and responsible for government attorney fees. Enough is enough. It is time to put the birther argument to rest.
Albert is a licensed attorney and holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son named Albert and a black lab puppy named Lincoln. In his spare time, he plays and coaches soccer.

Cruz Ad: ‘Damn, It Feels Good to Be a Clinton’

I’m by no means a Ted Cruz supporter but damn this is clever. If you think you have seen something like this before, this is a parody of that wonderful scene from the movie Office Space.

Hat Tip: The Blaze

A Simple Question

mexico-drugs-sfSpanSo… hardcore drug warriors out there… I have a very simple question for you…

Why?

You can’t stop people from getting high. It’s NOT POSSIBLE.

It literally does not matter how far you go, you cannot stop it.

We can’t stop heroin from getting into supermax prisons, where there are no visitors allowed, and everyone is body searched in and out.

I just had a dedicated drug warrior fully sincerely advocate that we completely seal the border, and that every vehicle, container, and person should be fully cavity searched.

When I pointed out that cavity searches didn’t stop heroin from getting in to supermax prisons, he said that we need to have full walls on all the borders, and boats to patrol the coastlines to stop smugglers.

You can’t stop people from getting high. This is not an issue of sealing the borders.

Even if you actually sealed the borders successfully, then they would just grow it here.

How exactly would you stop that?

It would require constantly patrolling millions of acres of property, both public and private; searching all greenhouses, and all forests, and all fields of any kind, at least once every 90 days… in the entire country.

Doing so… aside from the massive violations of peoples rights, would require millions of law enforcement officers dedicated to it.

That would cost more than the entire budget of the United State by the way.

Even if you manage to completely eradicate all opium poppies, and all coca plants on the planet, they will just synthesize it in labs… and by labs, I mean, any quiet room with an electrical outlet, or anywhere you can run a generator, or a blow torch.

If you completely ban all substances that people could get high with, you ban thousands of legal products with legitimate and critical uses, including a huge number of critical medications.

You also have to ban all lab equipment, or closely license and track its sale. And all chemicals of all kind… and many kinds of foods. And most kinds of flowers.

And all machine tools, and glass blowing equipment… and blow torches, and pipes and tubes and sand…

And you’ll have to dig out and burn out millions and millions of acres of plants.

We have 7,500 miles of border. We have 13,000 miles of coastline.

You can make it a death penalty offense to posses, sell, or use drugs, or get high. Many countries do in fact… and people still get high.

This dedicated drug warrior said that it didn’t matter what it took, it didn’t matter what it cost… It didn’t matter if it wouldn’t work at all… That we had to do it anyway.

When I asked why, he said:

“Because to do otherwise would be to surrender”

Then I asked “Surrender what? To who?”

He said “Surrender to the junkies and the dealers”

I asked “Surrender what?”

He refused to answer.

And again I asked “Why”

He refused to answer.

I said “You’re advocating a police state, in order to stop people from getting high. Why?”

He refused to answer.

So… I have a very simple question for you…

You cannot possibly stop people who want to get high, from getting high.

You can’t make it illegal enough. You can’t ban or control enough. It’s not possible… you have to know that it isn’t possible..

Prohibition PROVED beyond all possibility of doubt that it’s impossible.

The last 45 years of the “War on Drugs” have proved beyond all possibility of doubt that it’s impossible.

Maximum security prisons prove beyond all possibility of doubt that it’s impossible.

But you still think we have to do it… No matter what it takes… No matter the harm it causes… No matter what rights get violated…No matter how much power it gives the state. No matter how much it costs…

Why?

It’s a really simple question…

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

The Social Media Revolution–An American Spring?

"Television". Photo. Encyclopædia Britannica Online. Web. 25 Jan. 2016.

Regular readers know that I–an irregular contributor here–have long said that the power of the internet is as-yet poorly understood and mostly untapped. Sure, we’ve seen the Arab Spring, but what is the internet really going to do in America beyond providing us endless hours of cat videos?

Well, Scott Adams [of Dilbert fame] suggests that it’s broken down our electoral politics and is turning us into a direct democracy:

The media has led you to believe that this is a presidential contest between Democrats and Republicans. But Sanders is barely a real Democrat and Trump is barely a conservative Republican. If Bloomberg jumps into the race, we will have three candidates with ambiguous party affiliations. So maybe there is a more helpful way to frame this contest.

Naval Ravikant calls it The American Spring, and points out that social media has become the real conduit to power. That’s a revolution. We the People are on the brink of replacing the entrenched powers and their monied interests. If the patriots in Iowa, New Hampshire, and the other early primary states put both Sanders and Trump in commanding leads, they will be – in effect – firing the government. But they would also be firing the system of government that was created by the Founders. Direct democracy via social media – chaotic and ugly – is about to replace the Republic. No longer can a strong leader ignore the will of the people when it is pounding on every door and tapping on every window. The Republic was designed to give elected officials the power to decide for the people. But the elected elites have lost their legitimacy and The People are on the brink of taking back power.

I’ve said before that technology has led America to an increasingly centralized society, culture, and government.

  1. The printing press itself was the first step in creating durable broadsheet dissemination of information to a wide audience. The pen is mightier than the sword, but owning a printing press is like being the general of an army of penmen.
  2. Newspapers have followed an overwhelming consolidation and much of their news-gathering is centralized via the AP. And they had real power, because you “never pick a fight with people who buy ink by the barrel.
  3. The introduction of radio enabled a true real-time broadcast to allow single voices to reach much more widely than ever before.
  4. TV came along, and video truly killed the radio star. Because of the expense, consolidation into the “big 3” networks meant that the largest corporations could filter and control the presentation of information to the masses.

"Television". Photo. Encyclopædia Britannica Online. Web. 25 Jan. 2016.

“Television”. Photo. Encyclopædia Britannica Online. Web. 25 Jan. 2016.


Each step increased the flow of information. But each step also drove the control of which information would flow into a narrower and narrower group of people. But technology marches on, and the filters of broadcast media are increasingly being sidestepped, democratized, and subsumed. It started with Cable, as the cost of getting into the television business dropped dramatically, and the appearance of the 24-hour cable news station widened the number of voices in the market. But nothing has come close to becoming relevant as quickly as the internet and social media. We now see major news productions no longer driving the reporting, but rather highlighting the tweets of feet on the ground. And Presidential primary political debates are taking questions from YouTube “stars”.

The internet has been around the “mainstream” less than 20 years now… Since then, it’s basically broken or fundamentally changed multiple business models in all sorts of industries, as any unemployed former travel agent will tell you. Politically, by 2004, blogs had changed the political landscape enough to give us Rathergate. But 2004–a mere 12 years ago–only brought us the first inklings of the social media future with MySpace. Facebook, Twitter, YouTube, all of these hadn’t even been invented yet. Essentially the “modern” social media landscape was built in ~2006, with Facebook, Twitter, and YouTube, and integrated with the “computer in a pocket”, the iPhone and Android devices, over the following few years. We’ve been living with it for only a decade.
popery
The first decade of television was exciting, but raw. Everyone could tell that this was something new, and something important. Much like they can tell with the internet and social media now. It created new stars and obsoleted many former ones. It changed the world of politics. Much like internet and social media has done since. And now, as streaming video is replacing broadcast video for more and more households, and with Netflix, Amazon, and Hulu becoming production companies in their own right, the traditional hold of the TV networks is breaking with it.

The “out of the blue” appearance of Ron Paul and now Bernie Sanders? Voices who have spent decades with no “mainstream” platform are now finding their audience. The growth of “outsider, anti-establishment” candidates gaining real traction? This is due to media conglomerates no longer being able to control the message and marginalize them. These candidates, rightly or wrongly, stand in stark contrast to the politicians who have been screwing us over for years while growing their own power. And can you imagine the quick changes in public opinion on the gay marriage, medical/recreational marijuana legalization fights, and civil liberties issues without a democratized communication platform like the internet? And the internet is not only domestic–it’s making these changes on a global scale.

So, what is the point? Well, it remains to be seen. We are witnessing the greatest social transformation the world has seen since at least the invention of television, but probably since the creation of “mass media” at all. We’re seeing the replacement of “broadcasting” with “narrowcasting”, or “sidecasting”, or “targetedcasting”, or “peercasting” or whatever you want to name it. But the fact is that information no longer only flows downhill from the powerful to the rest of us. Now, while each of us may individually be no more powerful than we ever once were, all of us are collectively more powerful than any individual media magnate or opinion-maker on the globe. While much of Scott Adams post goes into suggesting an idea that I don’t think will ever come to pass, the question of demolishing our system of government is well under way, whether the visible structures of government change or not.

Is this a good thing? Will it advance liberty? I’m not sure. But it’s certainly different, and the world–be it politicians, media folks, leaders of industry, etc–hasn’t quite figured out the implications of that yet.

Irwin Schiff (1928 – 2015)

Schiff

Irwin Schiff: author, lover of liberty, tax protester, and father of Peter Schiff lost his battles with cancer and the federal government on October 16, 2015. There is no shortage of people who are opposed to the income tax but Irwin Schiff took his opposition to another level. Not only did he write books advocating for people to simply not pay their income taxes (like Sen. Reid says, the income tax is voluntary right?) but he also lead by example even when doing so would cost him his very freedom.

Here are a few excerpts from Peter Schiff’s article about his father:

My father Irwin A. Schiff was born Feb. 23rd 1928, the 8th child and only son of Jewish immigrants, who had crossed the Atlantic twenty years earlier in search of freedom. As a result of their hope and courage my father was fortunate to have been born into the freest nation in the history of the world. But when he passed away on Oct. 16th, 2015 at the age of 87, a political prisoner of that same nation, legally blind and shackled to a hospital bed in a guarded room in intensive care, the free nation he was born into had itself died years earlier.

My father had a life-long love affair with our nation’s founding principals and proudly served his country during the Korean War, for a while even having the less then honorable distinction of being the lowest ranking American soldier in Europe. While in college he became exposed to the principles of Austrian economics through the writings of Henry Hazlitt and Frederick Hayek. He first became active in politics during Barry Goldwater’s failed 1964 presidential bid. His activism intensified during the Vietnam Era when he led local grass root efforts to resist Yale University’s plans to conduct aid shipments to North Vietnam at a time when that nation was actively fighting U.S. forces in the south. Later in life he staged an unsuccessful write in campaign for governor of Connecticut, then eventually lost the Libertarian Party’s presidential nomination to Harry Brown in 1996.

[…]

But my father was most known for his staunch opposition to the Federal Income Tax, for which the Federal Government labeled him a “tax protester.” But he had no objection to lawful, reasonable taxation. He was not an anarchist and believed that the state had an important, but limited role to play in market based economy. He opposed the Federal Government’s illegal and unconstitutional enforcement and collection of the income tax. […]

His crusade to force the government to obey the law earned him three prison sentences, the final one being a fourteen-year sentence that he began serving ten years ago, at the age of 77. That sentence turned into a life sentence, as my father failed to survive until his planned 2017 release date. However in actuality the life sentence amounted to a death sentence. My father died from skin cancer that went undiagnosed and untreated while he was in federal custody. The skin cancer then led to a virulent outbreak of lung cancer that took his life just more than two months after his initial diagnosis.

The unnecessarily cruel twist in his final years occurred seven years ago when he reached his 80th birthday. At that point the government moved him from an extremely low security federal prison camp in New York State where he was within easy driving distance from family and friends, to a federal correctional institute, first in Indiana and then in Texas. This was done specially to give him access to better medical care. The trade off was that my father was forced to live isolated from those who loved him. Given that visiting him required long flights, car rentals, and hotel stays, his visits were few and far between. Yet while at these supposed superior medical facilities, my father received virtually no medical care at all, not even for the cataracts that left him legally blind, until the skin cancer on his head had spread to just about every organ in his body.

[…]

As the cancer consumed him his voice changed, and the prison phone system no longer recognized it, so he could not even talk with family members on the phone during his finale month of life. When his condition deteriorated to the point where he needed to be hospitalized, government employees blindly following orders kept him shackled to his bed. This despite the fact that escape was impossible for an 87 year old terminally ill, legally blind patient who could barley breathe, let alone walk.

Whether or not you agree with my father’s views on the Federal Income Tax, or the manner by which it is collected, it’s hard to condone the way he was treated by our government. He held his convictions so sincerely and so passionately that he continued to espouse them until his dying breath. Like William Wallace in the final scene of Braveheart, an oppressive government may have succeeded in killing him, but they did not break his spirit. And that spirit will live on in his books, his videos, and in his children and grandchildren. Hopefully his legacy will one day help restore the lost freedoms he died trying to protect, finally allowing him to rest in peace.

Honestly, I don’t know much about Irwin Schiff other than what Peter has said and written (I’m much more familiar with Peter’s work). The treatment Irwin received during his incarceration (which probably cost taxpayers far more than the taxes being “lost” from Shciff’s refusal to pay) is horrible but not too surprising. Irwin Schiff sacrificed a great deal for his beliefs.

Was it worth it? It’s not really for me to say.

What I can say is this: next time some Lefty tries to tell you that taxes are voluntary or that we libertarians are being hyperbolic when we say that government is violence, tell this person the story of a man who refused to “volunteer” by the name of Irwin Schiff.

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