As Soon As He Replaced The Batteries In His Head-Cooling Propeller Beanie, Apuzzo Was Planning On Some Heavy Duty Thinking!
Well, Cornell Law Prof. William Jacobson finally weighed in on Marco Rubio and Ted Cruz’s presidential eligibility and as expected, the Birthers are going to need a great big group hug. Because they are in some major emotional pain! Here are some excerpts from his long analysis:
The key to understanding why I reach that conclusion that Rubio, Jindal and Cruz are “natural born Citizens” requires understanding the problem.
There are strong arguments in favor of Rubio, Jindal and Cruz each being a “natural born Citizen” as that term most reasonably can be understood through its plain text because they became citizens by birth. Their “natural born Citizen[ship]” also is consistent with the concepts, respectively, of citizenship by birth place (Rubio, Jindal) and parentage (Cruz), from which the term “natural born Citizen” is believed to derive historically.
and significantly, he finds there is no two citizen parents requirement:
8. There Is No Requirement That Both Parents Be Citizens
One common phrasing of objections to Rubio, Jindal and Cruz being deemed “natural born Citizens” is that, regardless of where they were born, both parents would have had to be citizens.
That argument is devoid of almost any support. The text does not say so. There is no demonstrable evidence that is what the Framer’s intended, or that’s how the term was commonly understood at the time of drafting. Such a requirement also is not found in the almost contemporaneous, or even in British law which (as described in the section above) was confused and changed over time, but typically followed the father’s lineage for children born abroad. See also discussion of Supreme Court cases below.
and, in his conclusion at 14:
A reasonable reading of the plain text of the Constitution supports Rubio, Jindal and Cruz being “natural born Citizen[s]” because they were citizens by birth. There is no clear, demonstrable intent otherwise from the Framers or clear, commonly understood use of the term to the contrary at the time of drafting the Constitution. The British term “natural born Subject” as well as concepts of “natural law” were not clearly relied upon by the Framers, and are in themselves not clearly contradictory to this plain reading of the text.
The burden should be on those challenging otherwise eligible candidates to demonstrate through clear and convincing historical evidence and legal argument why such persons should be disqualified. That has not happened so far, and if two hundred years of scholarship is any indication, it never will happen.
The ultimate arbiter on the issue likely is to be voters, not Supreme Court Justices.
It is for these reasons that I believe Marco Rubio, Bobby Jindal and Ted Cruz are eligible to be President.
One thing I disagree with Jacobson about is his treatment of the Wong Kim Ark case. I do not think he read the case enough to realize that the Court made separate findings throughout the seven part decision which takes its statements on natural born citizenship out of the “dicta” category. I will do a separate article on that. However, he did dispose of the Emer de Vattel nonsense. He also speared Leo Donofrio a few times.
It’s a good read!
Squeeky Fromm
Girl Reporter
Note 1. The Image. This is from, The Ghost Busters TV show, about which Wiki says:
The Ghost Busters was a live-action children’s television series that ran in 1975, about a team of bumbling detectives who would investigate ghostly occurrences. Only 15 episodes were created.
This series reunited Forrest Tucker and Larry Storch in roles similar to their characters in F Troop. Tucker played Jake Kong (his first name is never actually given in this series), and Storch played zoot suit-wearing Eddie Spencer. The third member of the trio was Tracy the Gorilla, played by actor Bob Burns (credited as Tracy’s “trainer”).
The series was unrelated to the 1984 film Ghostbusters (though Columbia Pictures did pay Filmation for a license to use the name).
Each episode would always begin with Spencer and Tracy stopping at a convenience store to pick up the tape recording (recorded by co-executive producer Lou Scheimer) that explained their mission for the episode, in a parody of Mission: Impossible. It would be hidden inside a common object such as a bicycle, typewriter or painting. The message would always end by saying, “This message will self destruct in five seconds.” It would then explode in Tracy’s face for comic effect. Their investigation would take them to the same “old castle” on the outskirts of the city, and after a series of chases and pratfalls the Ghost Busters would corner the ghost (and his/her “sidekick”), which they would dispatch back to the afterlife with their Ghost Dematerializer.
The Great Freeper Birther Purge of 2013 is still going on over at Free Republic. The forum owner, Jim Robinson has decreed that Ted Cruz is a natural born citizen and eligible for the presidency. He has put up another post, his second so far, about the issue. This latest one, cited to the Dallas Morning News, adds no new scholarship to the conversation.
Is he a natural-born citizen or isn’t he? The question has been a nagging part of Barack Obama’s life ever since his first presidential campaign. No amount of birth certificates and sworn statements from state officials in Hawaii, his birthplace, seemed capable of putting the issue to rest. The “birther” movement continues pressing the question even today, five years after Obama’s election to the presidency.
The question nags anew, but this time Texas Republican Sen. Ted Cruz is the focus because he was born in Canada to an American mother and Cuban father. By law, his mother’s U.S. citizenship automatically confers natural citizenship to Cruz, just as — for those who continue to doubt the location of Obama’s birth — the citizenship of Obama’s American mother conferred it to him.
This is such a nonissue, regardless of whether the candidate is Republican or Democrat. Nevertheless, narrow-minded individuals, including some prominent personalities such as billionaire former presidential contender Donald Trump, are doggedly trying to concoct controversy and introduce doubt where there should be none.
These men have been natural U.S. citizens from birth and have every right to seek the nation’s highest office. Article II of the Constitution sets out three eligibility requirements to be president: that the person be at least 35 years old, a resident within the United States for 14 years and a “natural-born citizen.”
Robinson is making it clear that the Free Republic birthers had better not latch on to any Ted Cruz threads to spread their quackery. However, Robinson’s position on Obama is still unclear. He does not appear to be too well versed on the whole issue and has just decided to accept Mark Levin and Ted Cruz’s assurances. However, Robinson did make this comment, at number 103:
To: sten
Of course I believe in the constitution. Cruz was born to a qualified American mother while temporarily working in Canada. He meets all the legal requirements. Don’t know if that same standard can apply to Obama (if he was not born in the US). His mother does not qualify (according to some of the posts on these threads).
103 posted on Monday, September 02, 2013 9:14:12 PM by Jim Robinson (Resistance to tyrants is obedience to God!!)
And, by way of update, he made this comment at 35:
To: ConorMacNessa
That’s true, but they are leftists.
And unfortunately, there are lots of folks who have too much invested emotionally in Obama’s ineligibility, that they’re afraid Cruz will destroy their case. But I don’t know. As they’re pointing out on this very thread, Ann Dunham was not old enough at Obama’s birth to satisfy the law. [if Obama was born outside the country.]
35 posted on Monday, September 02, 2013 7:16:33 PM by Jim Robinson (Resistance to tyrants is obedience to God!!)
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Monday, September 02, 2013 12:15:45 PM 94 of 275
Jim Robinson to Col Freeper
I suspect some posters don’t know their ass from a hole in the ground when it comes to the actual law and the constitution but they have so much invested emotionally in the crackpot birther conspiracy theory that they’re caught in a trap of their own making. Gonna have to chew their own leg off to get free.
I am still waiting to see if he ever fully addresses the last five years of the Freeper Birthers dissembling about the need for Obama to have two citizen parents. It seems too much to just sweep under the rug. If Cruz decides to run, the question of his citizenship is certainly going to come up. Mario Apuzzo, Esq. is certainly not going to let go of the issue. Nor will CDR Kerchner. How much credibility is Jim Robinson and Free Republic going to have in that battle with other conservative types?
Probably none. Walter Scott provided the reason why in his poem, Marmion:
Oh, what a tangled web we weave
When first we practice to deceive!
Squeeky Fromm
Girl Reporter
Note 1. The Image. This is from the B.C. comic strip by Johnny Hart. My father used to have a lot of his paperback books, including The Wizard of Id. I loved them! Here is the original strip before I did my thing to it:
Note 2. Marmion. I never read the poem, but it sounds like a real drama-fest. Wiki says,
Marmion is an epic poem by Walter Scott about the Battle of Flodden Field (1513). It was published in 1808.
Scott started writing Marmion, his second major work, in November 1806. When Archibald Constable, the publisher, learnt of this, he offered a thousand guineas for the copyright unseen. William Miller and John Murray each agreed to take a 25% share in the project. Murray observed: “We both view it as honourable, profitable, and glorious to be concerned in the publication of a new poem by Walter Scott.” Scott later said that he thoroughly enjoyed writing the work. He told his son-in-law, Lockhart, “Oh, man, I had many a grand gallop among these braes when I was thinking of Marmion.”
In 1807 Scott practised manoeuvres with the Light Horse Volunteers (formed to defend an invasion from France) in order to polish his description of Flodden. Marmion was finished on January 22 and published on 22 February 1808 in a quarto first edition of two thousand copies. This edition, priced one and a half guineas, sold out in a month. It was followed by twelve octavo editions between 1808 and 1825.
The poem tells how Lord Marmion, a favourite of Henry VIII of England, lusts for Clara de Clare, a rich woman. He and his mistress, Constance De Beverley, forge a letter implicating Clara’s fiancé, Sir Ralph De Wilton, in treason. Constance, a dishonest nun, hopes that her aid will restore her to favour with Marmion. When De Wilton loses the duel he claims in order to defend his honour against Marmion, he is obliged to go into exile. Clara retires to a convent rather than risk Marmion’s attentions.
Constance’s hopes of a reconciliation with Marmion are dashed when he abandons her; she ends up being walled up alive in the Lindisfarne convent for breaking her vows. She takes her revenge by giving the Abbess who is one of her three judges documents that prove De Wilton’s innocence. De Wilton, having returned disguised as a pilgrim, follows Marmion to Edinburgh where he meets the Abbess, who gives him the exonerating documents. When Marmion’s host, the Earl of Angus is shown the documents, he arms De Wilton and accepts him as a knight again. De Wilton’s plans for revenge are overturned by the battle of Flodden Field. Marmion dies on the battlefield, while De Wilton displays heroism, regains his honour, retrieves his lands, and marries Clara.
Kato Tries To Slap Some Sense Into An Unidentified Birther
Ilya Shapiro of The Cato Institute, a libertarian think tank, busted the chops of the two citizen parents with a recent post on Ted Cruz’s eligibility. Here are a few excerpts:
What’s a “natural born citizen”? The Constitution doesn’t say, but the Framers’ understanding, combined with statutes enacted by the First Congress, indicate that the phrase means both birth abroad to American parents — in a manner regulated by federal law — and birth within the nation’s territory regardless of parental citizenship. The Supreme Court has confirmed that definition on multiple occasions in various contexts.
There’s no ideological debate here: Harvard law professor Laurence Tribe and former solicitor general Ted Olson — who were on opposite sides in Bush v. Gore among other cases — co-authored a memorandum in March 2008 detailing the above legal explanation in the context of John McCain’s eligibility. Recall that McCain — lately one of Cruz’s chief antagonists — was born to U.S. citizen parents serving on a military base in the Panama Canal Zone.
In other words, anyone who is a citizen at birth — as opposed to someone who becomes a citizen later (“naturalizes”) or who isn’t a citizen at all — can be president.
So the one remaining question is whether Ted Cruz was a citizen at birth. That’s an easy one. The Nationality Act of 1940 outlines which children become “nationals and citizens of the United States at birth.” In addition to those who are born in the United States or born outside the country to parents who were both citizens — or, interestingly, found in the United States without parents and no proof of birth elsewhere — citizenship goes to babies born to one American parent who has spent a certain number of years here.
Of course, Ted Cruz meets those qualifications! Sooo, my hat is off to a fellow Think Tanker for getting it right!
Squeeky Fromm
Girl Reporter
Note 1. The Image. This is Bruce Lee playing the role of Kato in The Green Hornet TV series. I am not sure who the guy in the mask is. Just for what it is worth trivia-wise, the Green Hornet was a relative of The Lone Ranger!
Note 2. Busting Chops. For ESLs, the Free Dictionary defines chops, and busting someone’s chops as:
chops (chps) pl.n.
1. The jaws.
2.a. The mouth.
b. The lower cheeks or jowls.
c. Muttonchops.
3. Slang The technical skill with which a jazz or rock musician performs.
Idiom:bust (someone’s) chops
1. To scold or insult someone.
2. To disappoint or defeat someone.
3. To hold a building contractor to the letter of an agreement.
The Image Easter Egg is a word play on the “Oh Hai” Internet meme, and the word “Hai” which is loudly expressed during Karate and Kung Fu strikes. “Hai” means “yes” in Japanese.
The Birthers Kept Dragging Up The Ghost Of Poor Emer de Vattel To Scare People
Once again, an insistent Birther crashes another party and provides a good dose of buzzkill. This time, it was Mark Levin’s book signing tour for The Liberty Amendments. Here are a few excerpts, that I paragraphed to make easier to read, and the entire transcription is at the link below:
Mark Levin: Before we jump in, all I can say is, Wow! You guys, open your microphones a second. Thousands of people at both booksignings. Wasn’t that unbelievable?
Staffer: There were a lot of people there, it was great.
Mark Levin: And the people were just spectacular, weren’t they? Except for one guy in New Jersey which I’ll talk about later.
Staffer: [chuckles]
Mark Levin: This… this birther stuff is way, way out of contr…”Now Ted Cruz” … I swear I almost hit this guy… “Ted Cruz is not a citizen!” No, he’s born to an American mother, no he’s born in Canada to an American mother. So all you pregnant ladies traveling overseas: According to certain birther, uh, groups, if you have a child while you are on vacation, they’re not Americans. They’re not natural-born Americans. I just thought you’d wanna know, if you were thinking of your kid as a potential presidential candidate, uh, because they say so. They have no historical background whatsoever… None! But it’s, it’s just amazing! Absolutely stunning!
and:
Mark Levin: Just a wonderful group of people, uh, we were in Bookends, Ridgewood, New Jersey, and everyone was respectful until…and it was hot outside, it got hot, hotter than uh originally forecast and it was a very long line, and you know we try to go through it quickly out of respect for everybody in line, but I also try to be respectful to everybody in line. Um…but this fella [breathes out] gets in my face and first of all he points to some obscure note on page I don’t know whatever and he said [cough] excuse me folks, and he says “You were wrong about this, you were wrong about”, and honestly I, I, I didn’t have time to read it, and I’ll go back and check it, if I’m wrong about it I’ll fix it, and that happens sometimes in these books when you’re going into the notes, you might put a word when you mean another word, or a state when you mean another state, so I’m going to check it out, I just haven’t had time.
And then he goes, he says uh “And Ted Cruz is not eligible to be president. He’s not a natural-born Citizen.” And I thought to myself, you know I, this is not a subject that I have studied so thoroughly, but he’s born of a mother who is an American citizen. Doesn’t that make him a natural-born Ci… “No, but he was in Canada when he was born!” Okay, but she wasn’t Canadian, she was an American citizen! She was an American citizen. And so, the issue isn’t what the Constitution says in that regard, the issue is how do we interpret that. And the way I interpret it is, his mother’s an American citizen, so he’s an American citizen!
That’s not a constitutional issue, that’s an interpretive issue… or, a statutory issue if Congress has passed some law subsequent to that to enforce that provision of the Constitution. So, the face of the Constitution isn’t terribly helpful. If he was born of non-citizens in a foreign country that would be easy, and there’s a lot of easy cases. So the guy gets in my face, and he starts pointing and pointing, and I looked at him and I pointed back, and I cursed, unfortunately, but the, because, uh you know, he was…he was a nutjob. And I thought to myself: Why do you come here and do that? Is this, is this sort of the way you…you excite yourself or something?
and finally:
Mark Levin: But what particularly bothered me about this guy…he was disrespectful in his conduct to everybody else standing there. They were pleasant, talking to each other, you know…listening, watching and so forth. I’m a big boy; I’ve seen this and a thousand times worse. But he was quite obnoxious.
This is not something new with the Birther issues. I don’t knock the Birthers for expressing their opinions with passion, but it would be nice if they occasionally took the time to remember that all they have really, truly are just. . . OPINIONS. And when it comes to the value of those OPINIONS, these little things we call COURTS and JUDGES have a whole lot more relevant and meaningful OPINIONS. For the same reasons that an Umpire’s OPINION that the runner is safe, or out, is a lot more relevant and meaningful than either the players’ OPINION or the people in the stands’ OPINION.
Whether or not Ted Cruz is eligible is not yet chiseled in stone. After a court decides, and the appeals are settled, then the question will be answered. In the meantime, most people who have read the various legal cases think that he is. In a previous post, I took the time to frame the question in the way I see it being framed in a future lawsuit, and then I answered the concerns the way that I think a real judge would.
This is also another reason why the Birthers are so stuck in their rut. They have way too much passion, and way too little detached reflection about the issue. They are so convinced that they are right, that they aren’t able to read and comprehend what decisions like Wong Kim Ark (1898) are really all about. At least, that is my OPINION. But when it comes to Ted Cruz, there hasn’t yet been a candidate with his particular background. There hasn’t been a candidate born overseas and made a citizen by an act of naturalization. There isn’t a judicial decision which directly covers him. So, his eligibility is still an open question.
Or as Mark Levin said above:
And so, the issue isn’t what the Constitution says in that regard, the issue is how do we interpret that. And the way I interpret it is, his mother’s an American citizen, so he’s an American citizen! That’s not a constitutional issue, that’s an interpretive issue… or, a statutory issue if Congress has passed some law subsequent to that to enforce that provision of the Constitution. So, the face of the Constitution isn’t terribly helpful.
That is not an OPINION. That is a FACT!
Squeeky Fromm
Girl Reporter
Note 1. The Image. This is Ebenezer Scrooge and the Ghost of Jacob Marley from Charles Dicken’s A Christmas Carol. I could not trace it back to a particular production.
Note 2. Mario Apuzzo, Esq.’s response to the above Order. The above order generated a response from Mario Apuzzo, Esq. His response is linked, and included in the original post here:
Note 3. The Dickens. For ESL’s this is a word play on Charles Dickens, the author of A Christmas Carol, and the phrase, raise the dickens, which means:
raise the dickens (with someone or something)
to act in some extreme manner; to make trouble; to behave wildly; to be very angry.
John was out all night raising the dickens. That cheap gas I bought really raised the dickens with my car’s engine.
Note 4. Puns That Might Have Been. Well, I checked out the map, because I was really hoping that Ridgewood N.J. was a suburb of Philadelphia. I was just dying to make the Image Easter Egg:
“He’s Been Phil. Spectred???”
(from the Simon & Garfunkel song.)
Note 5. The Prequel. Mark Levin is not real fond of Birthers in the first place, having once said on his radio show:
I want you to listen to me on my social sites. Marco Rubio was born in Miami, Florida. He is a natural born United States citizen. And if I get any more of this Birther crap up there. . . this is a warning, and I don’t care who you are, you’re going to be banned. Okay? This is a site I put up for rational people. Marco Rubio was born in Miami, Florida in 1940, excuse me, 1971. He’s 40. There’s no debate. So take that Birther crap somewhere else. Just a warning. . . got it? I’m not into all that crap. You can go somewhere else for that.
He Must Have Gotten Some Strange Kicks From Denial???
Team Arpaio and the Cold Case Posse aren’t exactly having the best of times lately. They can’t get a real, live prosecutor interested in their silly report that concludes Obama’s online image of his long form birth certificate is a forgery. After a year and half, they can’t even release the report to the public for fear of ridicule. On a good day, Republican congressmen merely ignore them. On most days, which are not good days, the congressmen cancel out meetings with them as soon as they find out what kind of idiot with whom they accidentally scheduled a meeting. Nightly, they pray for Alzheimers to strike Republican leaders so they will finally find someone to agree with them.
Human beings are proving a huge obstacle, and now, the mean old Obots, particularly the blogger, NBC, have gone and made things worse by uncovering the source of the online birth certificate anomalies – – -A Xerox Workcentre machine which does all the strange and weird things that so discomfort the Birthers. RC, of the RC Radio Blog, has many articles up on this issue, including a hilarious video:
There are several more articles at the link which explain in simple terms how the online anomalies occurred. It looks convincing to me! The Obots have not been silent about their discovery! After sneaking their way onto Gallups’ radio show, the cat is out of the bag in the Birther world. Finally, Carl Gallups and Mike Zullo had to address the issues about the Xerox 7655. Sooo, how did they handle it???
DENIAL!
Deputy Mike “The Arizona Kid” Zullo recently appeared on Gallups radio show, and here is a transcript of their remarks, from the first part of the show:
Gallups: What’s your response to these Obots?
(3:54) Mike Zullo: I think they’re delusional. I think they’re deluded that they are some vessel of authority somewhere. I don’t know in what stratosphere. But I don’t owe them anything. I have never engaged them in two years. I don’t really pay a lot of attention to them. And what little I do know of them, aside from the identities of a few, and one that I am intently focused on now. It really just seems to me to be nothing more than a big disinformation campaign. It goes beyond even misinformation. It is disinformation. And for a definition, it’s false information that is deliberately, and a lot of times covertly spread, in order to influence public opinion, or to obscure the truth. And that to me, is about what it is, so to even deal with them as far as I’m concerned is brain damage. I don’t see any reason to do it.
(5:22) Carl Gallups: They are absolutely ever-loving out of their delusional minds. I mean they are absolutely mentally challenged.
They went on to discuss the Xerox Workcentre and characterized it as not relevant to the investigation, and stated that the investigation had moved well beyond that point. Which only casts more suspicions on the underlying Cold Case Posse report. If it is that great, why is it still secret after a year and a half? Why don’t any prosecutors seem interested in it? Why is it that Deputy Zullo has to go to Washington D.C. and beg the VIPs and congressman to do something about it? Why does he keep getting rejected?
If Deputy Zullo has any legitimate questions why this is happening, perhaps he needs to do something he has refused to do for two years- and engage with the Obots and anti-Birthers.
Squeeky Fromm
Girl Reporter
Note 1. The Image. This is from the 1975 film, Monty Python and the Holy Grail. This particular scene occurs when the King meets the Black Knight. Here is a youtube video of this particular scene:
The Crew Of The Ten Year Long Mars Explorer Mission Weren’t Sure How Their Kids Would Be Received Back On Earth
Adrian Nash, of the h2ooflife Blog, and frequent commenter here, has written a new post, and here are a few excerpts:
Martians, Koreans, Kangaroos, and Natural Citizens
No animal or human that ever lived was born as a member of its parents’ group and species because of where it was born. It’s nature and membership are, and always have been, organic and automatic by the immutable laws of life.
An example is the Kangaroo. Is an infant kangaroo a member of the kangaroo family because it was born in Australia? But all kangaroos are born in Australia so that fact must be central in determining its species, right? That couldn’t be more absurd. Where kangaroos are born is merely incidental to the concurrent fact that they are the product of kangaroo parents. Two facts: one is determinative and the other is irrelevant. But some argue that the law of natural membership doesn’t exist, or doesn’t apply in a sociological & political relationship fashion as it does with humans in regard to their family membership.
If the Mars crew was composed of Americans, and some of the women were impregnated by Martian men, what would be the nature of their off-spring if born in the United States after returning to Earth? Would they be natural born Earthlings? Would they be natural born humans? Would they be natural born Americans? Or something else…-something different?
Barack Obama is just such an alien-like child. His father was not a North American. He was not an American citizen. He was not an America immigrant. He was a non-immigrant alien, and as such, even if one considers his off-spring to be blessed with U.S. citizenship thanks to the 14th Amendment, one cannot defend nor logically propose the idea that such a person could father a wholly natural member of American society, and a wholly natural born citizen of the United States anymore than Earthlings could give birth to natural Martians or Martians could give birth to natural humans.
If a Martian couple, with the female pregnant, were to come to Earth with the crew, and she gave birth in America, would her child be a natural born American citizen, or something else? According to our insane national policy it would an American citizen, but that would not make it a natural citizen because that is something that law can’t produce.
Only nature can do that via parents who are members of the country and nation when their child is born. Only the Law of natural membership can produce natural members, -not human law. All it can do is produce legal members, and that is all that Obama is.
What Mr. Nash argues for is a more logical basis for citizenship than place of birth. That isn’t necessarily a bad argument, but it is simply not the current state of American law. Almost two years ago I wrote a post which directly addressed this point and which cited an 1898 American Law Review article written shortly after the Wong Kim Ark case was decided. To make it easier to copy and paste, I have transcribed most of page 8 into text:
But the error the dissent apparently falls into is that it does not recognize that the United States, as a sovereign power, has the right to adopt any rule of citizenship it may see fit, and that the rule of international law does not furnish, ex proprie vigore [of its own force], the sole and exclusive test of citizenship of the United States, however superior it may be deemed to the rule of the common law. It further does not give sufficient weight, in interpreting the 14th Amendment, to the doctrine which was prevalent in the country at the time of the adoption of the Constitution and of the amendment in question, which was undoubtedly that of the common law, and not of international law.
With respect to the superiority of the international law doctrine over that of the common law, it may be conceded that while the rule of international law, that the political status of children follows that of the father, and of the mother, when the child is illegitimate, may be more logical and satisfactory than that of the common law, which makes the mere accidental place of birth the test, still if the Fourteenth Amendment is declaratory of the common law doctrine, it is difficult to see what valid objection can be raised thereto, nor how the subject of citizenship of the United States can be deemed to be governed by the rule of international law in the absence of an express adoption of that rule, any more than it could be governed by the law of France, or of China.
It was only an eight page article, and it is reproduced in image form here:
The author of that article, Marshall B. Woodworth, actually agreed with Mr. Nash that using parentage was preferable to using place of birth. However, unlike Mr. Nash and all the other two citizen parent Birthers, Woodworth also recognized the actual state of the law. And, in these lines from above,
the doctrine which was prevalent in the country at the time of the adoption of the Constitution and of the amendment in question, which was undoubtedly that of the common law, and not of international law.
Woodworth also recognized that common law controlled the question, not something like Vattel’s The Law of Nations. And what was that common law??? From Wong Kim Ark:
It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.
III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established.
Nothing there about any two-citizen parents requirement. Which all leads back to questions I once posed to Mario Apuzzo, Esq. Why don’t you just admit that Obama was and is legally eligible for the office? Why don’t you just admit that there currently is no two-citizen parent requirement? Then, why don’t you work to change the law?
I submit the same questions to Mr. Nash.
Squeeky Fromm
Girl Reporter
Note 1. The Image. This is the cast of Captain Kangaroo, about which Wiki says:
Captain Kangaroo was an American children’s television series which aired weekday mornings on the American television network CBS for nearly 30 years, from October 3, 1955 until December 8, 1984, making it the longest-running nationally broadcast children’s television program of its day. In 1986, the American Program Service (now American Public Television, Boston) integrated some newly produced segments into reruns of past episodes, distributing the newer version of the series until 1993.
The show was conceived and the title character played by Bob Keeshan, who based the show on “the warm relationship between grandparents and children.” Keeshan had portrayed the original Clarabell the Clown on The Howdy Doody Show when it aired on NBC. Captain Kangaroo had a loose structure, built around life in the “Treasure House” where the Captain (the name “kangaroo” came from the big pockets in his coat) would tell stories, meet guests, and indulge in silly stunts with regular characters, both humans and puppets.
This show was before my time, but I think I must have had some videotapes, because the Dancing Bear really seems familiar. And for all the Birthers, I present:
Note 2.The Image Easter Egg. For ESLs, Mr. Green Jeans was a regular character on the show, and Martians are often presented as Little Green Men, sooo it was just a silly word play about the alleged Martian children in the Image.
The Boogie-Woogie Birther Boy Was Certainly Different, But No One Wanted To Dance
Due to their shrinking numbers, and the inherent difficulties of trying to reproduce while delusional, Birthers are actively trying to recruit new members into their lifestyle. Some have been spotted hanging around comic book stores and Sci Fi conventions with big bags of candy and tin foil. Others have been taking cold-calling lessons from Jehovah Witnesses. Still others are experimenting with a more annoying approach to close their sale.
The new technique is based on the old one-foot-in-the-door-tactic.If you can just get one foot in the door, then the polite and meek housewife will hesitate to slam the door on your foot. Which gives the salesman a chance to run his mouth and push the product. Cheeky, but it worked. Wiki says this about foot-in-the-door:
Foot-in-the-door (FITD) technique is a compliance tactic that involves getting a person to agree to a large request by first setting them up by having that person agree to a modest request. The foot-in-the-door technique succeeds owing to a basic human reality that social scientists call “successive approximations”. Essentially, the more a subject goes along with small requests or commitments, the more likely that subject is to continue in a desired direction of attitude or behavioral change and feel obligated to go along with larger requests. FITD works by first getting a small ‘yes’ and then getting an even bigger ‘yes.’
The principle involved is that a small agreement creates a bond between the requester and the requestee. Even though the requestee may only have agreed to a trivial request out of politeness, this forms a bond which – when the requestee attempts to justify the decision to themselves – may be mistaken for a genuine affinity with the requester, or an interest in the subject of the request. When a future request is made, the requestee will feel obliged to act consistently with the earlier one.[5]
The reversed approach – making a deliberately outlandish opening demand so that a subsequent, milder request will be accepted – is known as the door-in-the-face technique.
I call the Birther variation on this the mouth-in-the-radio-show approach. Rick Wiles tried it the other day with Congressman Jeff Duncan of South Carolina. (See Note 3 below.) Now Mr. Chris Farrell, whose personal motto should be Ammo Dimini, tried this Friday, June 28, 2013 with Congressman Louis Gohmert (TX). Farrell, supposedly an ex-French Foreign Legionnaire, called in with an innocuous request. Here are some transcribed excerpts from Obama Ballot Challenge:
On Friday, June 28th 2013 Representative Louie Gohmert (R-TX) was questioned in a phone call by Chris Farrell, citizen journalist, while the congressman hosted‘Washington Watch with Tony Perkins,’ a daily internet radio program. . .
Congressman Gohmert: “Let’s take a call from—we got a call from Louisiana. Chris, Let’s hear what’s on your mind Chris.”
Chris Farrell: “Hello Representative Gohmert.”
Gohmert:“Just call me Louie Chris.”
Farrell: “Yes Sir, Thank you. Louie. Chris Farrell. I too served in the Army, [Which Army, the French one???] and I want to ask you to consider that former Lieutenant Colonel Terry Lee Lakin, a surgeon in the US Army, was court martialed, dishonorably discharged, and imprisoned in military prison for requesting, consistent with the officer’s oath he had taken to defend the Constitution, authentication that his purported commander-in-chief did in fact legally occupy that position.
Then, sometime later, Mr. Obama presented the American people with documents supposedly authenticating his constitutional eligibility which have now been proven beyond any shadow of a doubt (to be fraudulent) by Sheriff Joe Arpaio’s volunteer Cold Case Posse…I was there at the Preliminary Release of the Findings of the Cold Case Posse as a student journalist, and let me tell you, nobody else from the mainstream media was there.
Ah, this mockery of our Constitution has to be brought to an end, and I’d like to ask you to read the petition that I wrote, the Petition to Abrogate—to actually retroactively abrogate the illegal elections of the constitutionally ineligible fraud who illegally represented himself as constitutionally eligible to be president and so was in the commission of crimes when he was illegally elected, and I claim to you that he is not now and never has been the president.”
Gohmert:“Well, let me comment on that, thank you Chris—ah—for your call.
I was not—I didn’t remember the prosecution for Colonel Lakin. We’ll look into that, but uh, I’ll tell you how bad it is: I had not ever said the president was not born in America, but I’m titled a “Birther” because I signed on as a co-sponsor of a Bill Posey Bill in the last Congress . . .
There is more at the link. As you can see, Farrell tried a simple “please read my petition” request. The problem is, he did too much selling on the front end. He made it clear he was a Birther with the hard sell line, ” his constitutional eligibility which have now been proven beyond any shadow of a doubt (to be fraudulent) . . .” No Chrissy, it isn’t clear beyond a shadow of a doubt. Mike Zullo himself recently said, “There is not enough evidence to convict him [Obama] on jaywalking … let alone anything else.”
Then, to compound that mistake, Farrell over talks himself. Before Gohmert has a chance to respond to the innocuous request, Farrell continues the same sentence with, “to actually retroactively abrogate the illegal elections of the constitutionally ineligible fraud who illegally represented himself as constitutionally eligible to be president and so was in the commission of crimes when he was illegally elected, and I claim to you that he is not now and never has been the president.”
Yes, the innocuous request and all that bile was crammed into a single run on sentence! Image a cult member trying to recruit a new patsy who says, “We are all so happy, won’t you hold hands and smile with us . . . because after the Mother Ship annihilates the God-forsaken putrescent sinners who inhabit this living Hell Hole with its cleansing Atomic Ray of Miserable Screaming Death we all will have drunk the cyanide-laced Kool-Aid and be happy on the Eden Asteroid in our new non-physical body forms.” No! First you get them to hold hands and smile. Then, to come a dinner meeting. Then, the drugs and wild sex orgy. . . etc.
That is the kind of rookie mistake Birther Farrell made. Normally there is time for a salesman to get some on-the-job-training. The problem here is that the Birther product really sucks, and people who buy it just end up looking stupid to everybody else. Plus, the market is shrinking faster and faster.
Squeeky Fromm
Girl Reporter
Note 1. The Image. This is Marty Feldman playing Digby Geste from the 1977 film, The Last Remake of Beau Gest. Wiki says:
It starred and was also directed and co-written by Marty Feldman. It is a satire loosely based on the novel Beau Geste, a frequently-filmed story of brothers and their adventures in the French Foreign Legion. The humor is based heavily upon wordplay and absurdity. Feldman plays Digby Geste, the awkward and clumsy “identical twin” brother of Michael York’s Beau, the dignified, aristocratic swashbuckler.
Spoofing the classic Beau Geste and a number of other desert motion pictures, the film’s plotline revolves around the heroic Beau Geste and his brother Digby’s misadventures in the French Foreign legion out in the Sahara, and the disappearance of the family sapphire, sought after by their money-hungry stepmother
Note 2 Foot In The Door Technique. Wiki has a good article on this. Here is another excerpt:
When someone expresses support for an idea or concept, that person is more likely to then remain consistent with their prior expression of support by committing to it in a more concrete fashion. A common example undertaken in research studies used this foot-in-the-door technique: Two groups are asked to place a large, very unsightly sign in their front yard reading “Drive Carefully”. The members of one group had previously been approached to put a small sign in their front window reading “Be a Safe Driver”, almost all agreed. In response to the “Drive Carefully” request 76 percent of those who were initially asked to display the small sign complied, in comparison with only 17 percent of those in the other group not exposed to the earlier, less onerous, request.
Having already shown ‘community spirit’ by taking part in the campaign to reduce the nation’s road carnage – ‘stepping forward’ as a “good citizen” by giving prominence to the “Be a Safe Driver” sign, a statement to the world – there is social pressure to also agree to a grander, if more inconvenient, version of the same exercise and in order to appear consistent in one’s beliefs and behaviour. There may well be other contributors, but it is likely that commitment and consistency play a significant role.
Note 3. Did Duncan Do Nuts??? For a similiar Birther effort, see this, where Host Rick Giles tries to make a sale:
Note 4. Word Plays. Farrell likes to plop Anno Domini on his scribblings. Ammo Dimini has an entirely different meaning. . . Invariably Diminished. For ESLs, a bugle is a horn, and a member of the brass family of instruments. Brassy also means impudent or brazen. The idiomatic phrase horn in on means:
horn in (on something)
Fig. to attempt to participate in something without invitation or consent. Are you trying to horn in on my conversation with Sally?I hope you are not trying to horn in on our party.
The image Easter Egg is a word play first on Deguello, a Mexican bugle call signifying “No Quarter.” Most Texans know the word from The Alamo story. But, the French word “Debile” means moronic and stupid, and is an extra word play on “the bile”, or venom. The Boogie-Woogie Birther Boy is based on:
Mike “The Arizona Kid” Zullo Refuses To Get Off His Ass
Well, the Birther Cowboys are having a dust up over to the local saloon. From ObamaReleaseYour Records:
It is a short interview with Orly Taitz. Police Chief Mark “Big Iron” Kessler comes down clearly on her side in the latest Birther feud. He accuses Zullo and Sheriff Arpaio of being frauds, and Zullo of “just wanting to write another book.” It’s well worth listening to. Here is a transcript of the really juicy parts:
Wednesday June 26, 2013
Breaking All The Rules With Chief Kessler
at 6:15 And then you have Mike Zullo running around the country pretending to be some kind of law enforcement official, that he has powers to arrest and he has all this damaging evidence. Mike Zullo, ladies and gentlemen, he couldn’t, he could not investigate a flat tire. He is a fraud, 110% fraud. The question I pose today is what has Mike Zullo done besides flap his gums? He has done nothing, absolutely nothing but run his mouth.
at 14:43 Mike Zullo, he disgusts me. To bring law enforcement officials [in the country?] into a room and pretend to be a invest, uh a detective, a lieutenant, a commander, some kind of a chief. He’s a liar. All he is, is a liar. He’s a mouthpiece. He’s looking to write another book.
Next, I am waiting for Big Iron Kessler to say to The Arizona Kid, “Ah’m your huckleberry. . .”
Orly Said It Was Normal For Her Head To Swell A Little After Plastic Surgery, But Her Receptionist Still Suspected Malpractice
What many people do not realize is that the Frederick Forsythe book, The Odessa File (1972) and the movie in 1974, were based on a REAL organization. This is what Wiki says, in part:
The ODESSA, from the German Organisation der ehemaligen SS-Angehörigen, meaning “Organization of Former SS Members,” is believed to have been an international Nazi network set up towards the end of World War II by a group of SS officers. The purpose of the ODESSA was to establish and facilitate secret escape routes, later known as ratlines, to allow SS members to avoid their capture and prosecution for war crimes. Most of those fleeing Germany and Austria were helped to South America and the Middle East.
Several books by those involved in the War Crimes Commission (including T.H. Tetens and Joseph Wechsberg) have verified the organization’s existence and provided details of its operations. Wechsberg studied Simon Wiesenthal’s memoirs on the ODESSA and verified them with his own experiences in the book The Murderers Among Us.
However, while Nazi concentration camp supervisors denied the existence of the ODESSA, neither US War Crimes Commission reports nor American OSS officials did. In interviews of outspoken German anti-Nazis by Joseph Wechsberg, former American OSS officer and member of the US War Crimes Commission, it was verified that plans were made for a Fourth Reich before the fall of the Third,[3] and that this was to be implemented by reorganizing in remote Nazi colonies overseas: “The Nazis decided that the time had come to set up a world-wide clandestine escape network.”
“They used Germans who had been hired to drive U.S. Army trucks on the autobahn between Munich and Salzburg for the ‘Stars and Stripes,’ the American Army newspaper. The couriers had applied for their jobs under false names, and the Americans in Munich had failed to check them carefully… (the) ODESSA was organized as a thorough, efficient network… Anlaufstellen (ports of call) were set up along the entire Austrian-German border… In Lindau, close to both Austria and Switzerland, (the) ODESSA set up an ‘export-import’ company with representatives in Cairo and Damascus.”
I am beginning to suspect that Birthers are making the same kind of ODESSA plans. I call it Organisation von “Dementieren Eignung Sprecher” schick abermals! This translates roughly from the pidgin German to, “Organizationof “Eligibility Denier Spokesmen” sophisticated again!”
I am just getting into this theory, so I will need to do more research. But, I wanted to go ahead and float the trial balloon so that others can start keeping an eye open, too. Anyway, let’s look at a few of the more outspoken Birthers who seemed to have disappeared from the Birther scene, or tuned it waaaaay down low! Like I said, I am sure there are many more:
Dean Haskins seemed to have given up Birfing last year.
Jerome Corsi, formerly of World Net Daily pronounced Birtherism a lost cause in April 2013.
Mark Gillar, of the Tea Party Power Hour, seems to have taken a sabbatical from Birtherism about the same time.
Leo Donofrio, former Birther attorney extraordinaire shut down his Birther blog in March 2012.
Dianna Cotter, ertswhile Birther Reporter seemed to have shut down about the same time as Donofrio.
Other Birther websites seem to be adding more and more “patriot” and “anti-big government” stories to the mix. Today, The Post and Email has 15 stories on the front page. Not one of them is completely a Birtherism story. There are stories about Birthers, such as Darren Huff. There are stories about government overreach and harassment of Birthers. But no purely 100% Birther story.
ObamaReleaseYourRecords has a banner blurb that reads Change is Coming and promises Groundbreaking News Coverage is Coming Soon! I suspect that website will begin the transition to Patriot news, also.
It only makes sense that the more prominent type Birthers would make plans for a life after all this silliness finally takes it rightful place next to the Moon Landing Deniers. Yet, many of them can’t just get plastic surgery, do a name change, and then move to South America. They have to continue paying their mortgages, and paying back advances on book deals and stuff like that. They have to transition and hope that nobody notices or remembers.
If they just quit, and go back to working as dentists, and lawyers, and mechanics, then they will lose all the attention they have grown used to. So, I suspect they have been making organized and structured plans to get to a new life outside of Birtherism where they can still get attention without all the negative moon bat aura. At least that is my opinion.
Sooo, keep your eyes and ears open! Watch the RATLINES carefully!
Squeeky Fromm
Girl Reporter
Note 1. The Image. This is from the old TV show, The Outer Limits. It is available on Hulu, and on the THIS channel. This particular episode, The Sixth Finger, starred David McCallum and as Wiki notes, you would see the pointed ears again!
Influence on Star Trek
A few of the monsters reappeared in Gene Roddenberry’s Star Trek series later in the 1960s. A prop head from “Fun and Games” was used in Star Trek to make a Talosian appear as a vicious creature. The moving microbe beast in “The Probe” later was used as the ‘Horta’ in “The Devil in the Dark”, and operated by the same actor, Janos Prohaska. The process used to make pointed ears for David McCallum in “The Sixth Finger” was reused in Star Trek as well.
The “ion storm” seen in “The Mutant” (a projector beam shining through a container containing glitter in liquid suspension) became the transporter effect in Star Trek. The black mask from “The Duplicate Man”, is used by the character Dr. Leighton in “The Conscience of the King”. The Megazoid, from “The Duplicate Man” and the Empyrean from “Second Chance” (1964), was seen briefly near Captain Christopher Pike, other cages in the first Star Trek pilot “The Cage”.
Gene Roddenberry was often present in the Outer Limits’ studios, and hired several of its staff, among them Robert Justman and Wah Chang for the production of Star Trek.[7]
A Member Of The House Homeland Security Oversight Committee Has A Whole Lot Of Things To Worry About!
In a radio interview with Rick Wiles on June 14, 2013, Congressman Jeff Duncan (Rep. S.C.) of The House Homeland Security Oversight Committee, made the following statement:
DUNCAN: There you go. I’m all with you. Let’s go back and revisit some of these things because Americans have questions about not only the IRS scandal but also about the president’s validity.
Dr. C. has a great Internet Article at his website, Obama Conspiracy Theories along with the audio:
This is probably just another case of Talkitis. A person gets stuck on live radio or television with a nutty host, and when really stupid stuff comes up, the poor guest is just stuck there trying not to come right out and says something like, “WTF are you, stupid or something??? What you just said is really idiotic, and I can’t believe you believe it, or that you think I would believe it.”
That kind of response violates the conventions of general etiquette, and so the guest just tries to blabber his way on through it. That is the way this seems to me, because the prior conversation ran like this:
WILES: While you guys are rounding up and deporting the illegal immigrants, any chance the House may actually pursue Barack Obama’s phony identification papers? That’s the original scandal, congressman.
DUNCAN: People should have voted against him in November. I’m afraid that that wouldn’t get to the Supreme Court where it ought to get.
WILES: But if we know they’re lying about all these other things, why not go back and say, “well maybe the first scandal was a lie, too?”
Duncan didn’t seem particularly predisposed to discuss the issue. But maybe stuff like this is where Republicans and Democrats alike would do well to just throw some of those etiquette conventions out the door. Intelligent members of both parties believe they have to massage the more extreme elements of their party. But maybe it is just time to call a nut a nut. Mark Levin did it well on his radio show:
I want you to listen to me on my social sites. Marco Rubio was born in Miami, Florida. He is a natural born United States citizen. And if I get any more of this Birther crap up there. . .this is a warning, and I don’t care who you are, you’re going to be banned. Okay? This is a site I put up for rational people. Marco Rubio was born in Miami, Florida in 1940, excuse me, 1971. He’s 40. There’s no debate. So take that Birther crap somewhere else. Just a warning. . .got it? I’m not into all that crap. You can go somewhere else for that.
Mark Levin
Sept. 28, 2011
Duncan didn’t do it. And now he looks like a nut. Or a doer of nuts.
Squeeky Fromm
Girl Reporter
Note 1. The Image. This is Donut Universe with Centaur and Mummy (Wayne Ferrebee, 2010, oil on panel). Mr. Ferrebee has a website! One of the really fun things about researching these stories is the serendipitous discovery of fascinating art work. Mr Ferrebee has another Donut or torus painting:
This one is called Torus with Spearman, Bagpipes and Barnacle (Wayne Ferrebee, 2011, oil on panel). As he explains:
Here’s the story behind the genesis of these works: when I was cleaning my pockets before doing a load of laundry I found a sketch of a centaur, a clock, and a snail trapped in a miniature torus-shaped universe. Although I’m not sure what prompted that initial sketch, I have since made several tiny paintings based around toruses which, as explained here are elegant metaphors for insular universes. Indeed some cosmologists and topologists feel that the actual universe might well be torus-shaped (or more precisely, shaped like a triple torus) an idea which appeals to my inner gourmand. The paintings are obviously echoes of each other. Both feature huge predatory animals lurking under pastries floating in outer space. The splendid toadfish (Sanopus splendidus) in the first painting and the gharial (Gavialis gangeticus) in the second are even facing the same way as if both waiting in ambush. Each panel also has an invertebrate, a galactic backdrop, and ancient beings brandishing hand weapons. However the cast and the props are quite different–a bold Assyrian warrior takes the place of the desiccated mummy while the gothic clock sunk in icing is replaced by a mournful bagpipe floating in space. A yellow lipped sea krait seems intent on escaping the entire scene.
This is a really great website, with wonderful images and articles. Mr Ferrebee is fun to read. Sooo, I am going to add his website to the “General Interest links” because we could all use a break from the Birthers.
Note 2. Do Nuts. For ESLs there is the word play on Dunkin’ Donuts. The verb, do, also has the slang meaning:
to copulate [with] someone. (Usually objectionable.) : He did Martha, then he did Sue, then he did Gloria.
This makes the title read, in effect, “Did Duncan Get In Bed With The Nuts???”
See also, for example Hank Williams:
Lovesick Blues
I got a feelin’ called the blu-ues, oh, Lawd
Since my baby said goodbye
And I don’t know what I’ll do-oo-oo
All I do is sit and sigh-igh, oh, Lawd
That last long day she said goodbye
Well Lawd I thought I would cry She’ll do me, she’ll do you, she’s got that kind of lovin’
Lawd, I love to hear her when she calls me
Sweet dad-ad-ad-dy, such a beautiful dream
I hate to think it all o-o-ver
I’ve lost my heart it seems
I’ve grown so used to you some how
Well, I’m nobody’s sugar daddy now
And I’m lo-on-lonesome
I got the Lovesick Blu-ues.
I will right away clutch your rss as I can’t to find your e-mail subscription hyperlink or newsletter service. Do you’ve any? Please allow me realize so that I may subscribe. Thanks.
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Sorry, E.Cig, but I do not know you well enough to let you go around clutching my rss. Aren't there any girls where you are from whose rss's you could clutch???
Squeeky Fromm
Girl Reporter
Here is a new one from Beverly Hills Carpet Cleaners:
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Don't blame you there, BHCC. Those brussels are pretty sneaky. I don't want to benefit them. Keep changing into "aware." OK???
Squeeky Fromm
Girl Reporter
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No thank you, Wyroby! it took me quite a while to quit hitting nails upon the bottom, and I appreciate my readers noticing that!
Squeeky Fromm
Girl Reporter
Here is an interesting new one, from someone named Full Movies:
Motion picture rights to the soul, a lot in this robot army, replacing the deceased Jazz robot from the first stinkin paragraph! No word yet on who is going to include some information about your daily desires. Movies in the past day when one wanted to have the approval of the road actioner that neither commits to its lunacy nor takes itself serious enough to make a decision. David seems too good to come home from work.
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Okaaayyyy, maybe you should personally let David know how you feel. I mean, if David is a real person and not just a voice in your head. Meantime, all your jazz are belong to us.
Squeeky Fromm
Girl Reporter
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The Birther Think Tank 