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.

Weakening Encryption: The China Problem

By now, you’ve heard that the FBI has asked Apple to help break into the iPhone belonging to one of the San Bernardino terrorists. USA Today describes the specific request:

Right now, iPhone users have the option to set a security feature that only allows a certain number of tries to guess the correct passcode to unlock the phone before all the data on the iPhone is deleted. It’s a security measure Apple put in place to keep important data out of the wrong hands.

Federal prosecutors looking for more information behind the San Bernardino shootings don’t know the phone’s passcode. If they guess incorrectly too many times, the data they hope to find will be deleted.

That’s why the FBI wants Apple to disable the security feature. Once the security is crippled, agents would be able to guess as many combinations as possible.

Suppose Apple can do this. Suppose that the courts, up to and including the Supreme Court find that they must.

At that point, every device maker who wants to sell a device in the US would have to build this weakening capability into their products.

Putting aside the obvious fact that this capability will be reverse engineered by the wrong people, the impact of this decision on the rest of the world (and Americans abroad) has not received the attention it should.

Nothing stops other countries from presenting similar demands under their own laws. In the case of liberal democracies, the harm to the innocent would be limited. Repressive regimes, though, would quickly utilize this new capability.

Imagine a case in which China got hold of the iPhone of a US citizen at the border about whom it was suspicious. It could present the phone to Apple to decrypt under Chinese law.

Why pick China for this example? While a company might be able to tell of Iran, Venezuela, or even Russia, China is an integral part of the global technology supply chain. They are uniquely positioned to exert leverage in the technology sector where other repressive regimes are not.

The only thing preventing China from using its leverage today is the mathematical impossibility of cracking the encryption. Take that out of the picture, and things get interesting for device makers.

Why pick a US citizen? This one is more interesting. The US government (and states and localities) have multiple ways to digitally spy on their citizens. They can capture traffic on American internet connections. They can subpoena information from cell phone carries and ISPs under the third party doctrine.

Foreign governments don’t have access to any of these. While the US does share intelligence with friendly government, repressive regimes such as China are left out in the cold. Capturing the device of an American is one of the few possible ways for a repressive regime to get at the info.

By demanding that Apple weaken security around its encryption, the FBI will be handing China an entirely new ability to compromise the security of American citizens while only marginally increasing its own reach. Considering that China has been expanding its hunt for dissidents to other countries, the last thing that the US government should consider doing is making Americans with smartphones more attractive targets.

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

What Is The Best Way To Advance Liberty?

Rand_Paul_(9907100826)

In the wake of Rand Paul’s departure from the presidential race, the question being asked is what is the best path to advance liberty? Should libertarians work within GOP, the Libertarian Party, or even the Democratic Party? Should libertarians be anti-establishment or should they try to become the mainstream? Should libertarians focus on politics, policy, or reject both altogether in favor of free market solutions?

The answer is all of the above. There is no one path to advance the ideas of liberty. Nor will there ever be a utopian society that is 100% libertarian, nor should there be in a pluralistic society. Liberal ideas and ideals advance and change over time.

There are some ideas we need to dismiss off hand.

  1. Building a libertarian safe space. Congratulations to the Free State Project on getting enough people willing to move to New Hampshire to trigger the move. However, I still question its usefulness. What is the point of trying to move libertarians into a state and take it over as a utopian example to the rest of the world? Wouldn’t it best to have libertarians spread out all over to try and influence change everywhere? Besides, isn’t a mass migration to take over an argument against open borders?
  2. Reject coalition building. Libertarians need to build coalitions with everyone. There are libertarian conservatives, libertarian centrists, libertarian progressives, and classical liberals (such as myself). Many Americans and others around the world have some kind of libertarian leanings and there are very, very few actual libertarians. Unless libertarians just want to yell in the wilderness, you have to work with others.
  3. Lose the savior complex. The United States, or any country for that matter, will likely never elect a libertarian president, ever. The majority of voters are not libertarians and never will be. That’s fine, in a free and pluralistic society we need voters with all sorts of views. That’s what debate is for. Even if a libertarian did get elected president, libertarians would be disappointed because a president is not all powerful. Process matters as much as results do.

The prospects for liberty are great, regardless of the struggles of one particular presidential candidate. In fact, liberty means many things to many people and that’s good. While authoritarianism is rearing its ugly head in both political parties this year, I’m confident we can defeat it.

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…

1 2 3 4 5 6 937