Its That Darn Pesky Constitution

There has been an uproar toward something Our Dear Supreme Leader has made….14th amendment has been in the news and there has been a wealth of  opinions if he can actually change the Constitution with and Executive Order (EO)…..

My opinion is NO he cannot…..(but that has not stopped those from foaming at the mouth to end some of our protections)….and like always there are those opinions in contrary to the EO thing……

President Trump said this week that he is preparing an executive order to try to take away the citizenship guarantee in the 14th Amendment to the Constitution, which says that people born in the United States are United States citizens. On Tuesday, Sen. Lindsey Graham announced that he would introduce legislation with the same aim.

But the president cannot repeal part of the Constitution by executive order. And Congress cannot repeal it by simply passing a new bill. Amending the Constitution would require a two-thirds vote in both House and Senate, and also ratification by three-quarters of the states. The effort to erase the citizenship guarantee will never clear those hurdles — for very good reasons.

https://www.commondreams.org/views/2018/10/31/no-mr-president-you-cant-change-constitution-executive-order

This below is an open letter sent to our Troops by veterans……

To All Active Duty Soldiers:

Your Commander-in-chief is lying to you. You should refuse his orders to deploy to the southern U.S. border should you be called to do so. Despite what Trump and his administration are saying, the migrants moving North towards the U.S. are not a threat. These small numbers of people are escaping intense violence. In fact, much of the reason these men and women—with families just like yours and ours—are fleeing their homes is because of the US meddling in their country’s elections. Look no further than Honduras, where the Obama administration supported the overthrow of a democratically elected president who was then replaced by a repressive dictator.

https://www.commondreams.org/views/2018/11/01/your-commander-chief-lying-you-veterans-issue-open-letter-active-duty-us-soldiers

Not to worry like always there is more……

“The Trump administration asked, and the Pentagon said no—to using troops on the southern border for law-enforcement purposes, CNN reports. Two defense officials say the Department of Homeland Security wanted US troops to provide “crowd and traffic control” and protect Customs and Border Protection officers from the so-called “caravan” of Central American migrants heading for the US border. But on Oct. 26, the Pentagon denied that request, while agreeing to provide engineers, medical personnel, and air and logistics support. Why the refusal? Because the Department of Defense apparently argued that active-duty troops don’t have the authority.

Indeed, the Posse Comitatus Act prohibits US troops from enforcing domestic law unless authorized by Congress or the US Constitution. “Limiting military involvement in civilian affairs is basic to our system of government and the protection of individual constitutional rights,” the 1878 act reads. A DHS official denied that Trump’s request constituted “law enforcement activities,” while military analysts said Trump could just use US Marshals, ICE, or the National Guard for such activities. Meanwhile, Trump is easing off his remark that US troops can “consider it a rifle” if migrants throw rocks, per Fox 13 Now. If soldiers or agents “are going to be hit in the face with rocks, we’re going to arrest those people,” he said Friday. “That doesn’t mean shoot them.

I realize the hard core Righties do not want to here it and they may soon have a chance to change things…..

But not to worry there are those that are working for a convention to change things….maybe just not the things that you have in mind.

Stay tuned!

Advertisements

“Making America Great Again”–Part 8

I continue the series on the formation of the new country of the United States of America……we have been though the early days….the battles and the war and now the country needs to come together and form a working government……

Part 8 of “American History for Truthdiggers.”

“Some men look at Constitutions with sanctimonious reverence, & deem them, like the Ark of the Covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment. I knew that age well: I belonged to it. …

“But I know also that laws and institutions must go hand in hand with the progress of the human mind … we might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors.” —Thomas Jefferson in a letter to Samuel Kercheval, July 12, 1816

The U.S. Constitution stands almost as American scripture, deified and all but worshipped as the holy book for the American civil religion of republicanism. The above painting captures the spirit of modern memories, and mythology, surrounding the Constitutional Convention, which was held in Philadelphia. The sun shines through windows (which are conspicuously open) and delivers a halo of light upon the figure of the tall, erect George Washington. He stands, of course, on what resembles a religious altar, presiding over the delegates as they sign the sacred compact of American governance. Ben Franklin, himself an international celebrity by that time, sits prominently in the center, as the influential, young Alexander Hamilton whispers in his ear; meanwhile, the “father” of the Constitution, James Madison, sits just below the altar, on Franklin’s left.

https://www.truthdig.com/articles/american-history-for-truthdiggers-counterrevolution-of-1787-new-constitution-new-nation/

Interesting that we may be having this discussion once again.

Class Dismissed!

Birthright: An American Idea

Yep we are having one of those political moments that comes around ever so often….we had it when Muslims were coming get us all…then there was that Mexico was gonna pay for a wall…..and now it is the 14th amendment…..all were used for political gain and not one was heard of again….that is they were filed away until needed again.

I read a pretty good piece in the American Conservative that until the era of Trump was considered a pretty mainstream conservative publication…..my my how things change….but I digress…..TAC offers their conservative opinion on the issue of birthright citizenship……

The 14th Amendment became part of the U.S. Constitution 150 years ago in July of 1868. Among other things, it enshrined our traditional common law practice of granting citizenship to those born in the United States who are subject to its laws—specifically it guaranteed that the recently freed slaves and their descendants would be citizens. The 14th Amendment also applied to the children of immigrants, as its authors and opponents understood at the time.

President Trump’s immigration position paper, however, famously endorsed an end to birthright citizenship. Michael Anton, a former national security official in the Trump administration as well as a lecturer and researcher at Hillsdale College, pushed such a move recently in the Washington Post. Anton argued that President Trump should use his pen and his phone to exclude the children born here to noncitizens, with little thought of what would happen were such a policy enacted.

https://www.theamericanconservative.com/articles/birthright-citizenship-an-american-idea-that-works/

I have said the the challenge to the 14th could open up more challenges to some amendments like the 2nd and the 1st…maybe others…and those are not debates we want to have….so all this is probably just posturing for a vote.

Closing Thought–31Oct18–#2

Oh goody….looks like we may have a constitutional law battle on our hands……why?  It seems that Our Dear Supreme Leader has decided that he will try to make invalid parts of the US Constitution…..namely the 14th amendment…..

Whether President Trump can end birthright citizenship with an executive order comes down to one’s reading of the 14th Amendment. As NPR explains in a fact-check piece, a “small but vocal group of conservative legal scholars” have zeroed in on five crucial words, bolded here: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Those scholars say those words have been misinterpreted and that the authors’ true intention was that citizenship not be extended to the children of noncitizens. More:

  • The Wall Street Journal’s editorial board agrees with NPR’s take and gives more historical background, writing “‘jurisdiction’ is well understood as referring to the territory where the force of law applies, and that means it applies to nearly everyone on US soil. The exceptions in 1868 were diplomats (who have sovereign immunity) and Native Americans on tribal lands. Congress later granted Native Americans birth citizenship while diminishing tribal sovereignty.”
  • On Twitter Wednesday, Trump referenced those key words in making his argument to the contrary. He wrote in a trio of tweets (here, here, and here): “So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other. It is not covered by the 14th Amendment because of the words ‘subject to the jurisdiction thereof.’ Many legal scholars agree….. ….Harry Reid was right in 1993, before he and the Democrats went insane and started with the Open Borders (which brings massive Crime) ‘stuff.’ Don’t forget the nasty term Anchor Babies. I will keep our Country safe. This case will be settled by the United States Supreme Court! The World is using our laws to our detriment. They laugh at the Stupidity they see!”
  • Lawyer George Conway, husband to Kellyanne Conway, aired his view in an op-ed written with Neal Katyal for the Washington Post: “Sometimes the Constitution’s text is plain as day and bars what politicians seek to do. That’s the case with President Trump’s proposal to end ‘birthright citizenship’ tendment was written after the Civil War with former slaves in mind. Conway and Katyal elaborate in their op-ed: “Birthright citizenship sprang from the ashes of the worst Supreme Court decision in US history, Dred Scott v. Sandford, the 1857 decision that said that slaves, and the children of slaves, could not be citizens of the United States. The blood of hundreds of thousands of Americans was shed to repudiate that idea.”hrough an executive order.”
  • Reuters adds more history, reporting that the amendment was written after the Civil War with former slaves in mind. Conway and Katyal elaborate in their op-ed: “Birthright citizenship sprang from the ashes of the worst Supreme Court decision in US history, Dred Scott v. Sandford, the 1857 decision that said that slaves, and the children of slaves, could not be citizens of the United States. The blood of hundreds of thousands of Americans was shed to repudiate that idea.”

Just something to think about…a closing thought as it were…..

OOPS! There Goes The Constitution

It is not humorous to think that the Constitution can be dismantle by an idiot with a pen and a fist full of Executive Orders.

That is just what Our Dear Supreme Leader is trying to do with his newest brain fart…..

President Trump tells Axios that he plans to make a fundamental change to US citizenship rules: Babies born on American soil will no longer automatically be considered citizens. The president says he’s been advised by constitutional experts that he can make the change to what’s known as birthright citizenship through an executive order. “We’re the only country in the world where a person comes in and has a baby, and the baby is essentially a citizen of the United States,” said Trump in an interview that airs in full on HBO this weekend. “It’s ridiculous. And it has to end.” (Actually, about 30 countries, including Canada, offer birthright citizenship.) The issue revolves around how the 14th Amendment is interpreted, and Axios notes that any such move by the president would be quickly challenged in court.

“It’s in the process,” said Trump. “It’ll happen … with an executive order.” The amendment states 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.” The language has led to what critics call “birth tourism,” in which pregnant women enter the US for the express purpose of giving birth to attain citizenship for their child. In an interview with Fox News Monday night, Trump didn’t mention the executive order, but he said Central American migrants currently nearing the US border were “wasting their time.” Trump promised to erect “tent cities” on the border where any asylum seekers will be held while their legal case plays out. “We’re not catching, we’re not releasing,” he said. “We’re not letting them into this country.”

I wonder what the d/bags at the Federalist Society will have to say about this presidential brain fart?

Of course there are going to be those that think this announcement was made because the midterms are just days away…..

President Trump made big headlines Tuesday by revealing to Axios that he intends to end the practice of “birthright citizenship” with an executive order. Trump maintained that the idea of granting US citizenship to a newborn simply because the child was born on American soil is “ridiculous” and rejected the idea that he didn’t have the power to alter a protection cited in the Constitution.

How about the law for those like the President that have no damn idea on civics….The law: The 14th Amendment states 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.” USA Today explains that it was added in 1868, primarily to grant citizenship to freed slaves. (Legal aficionados can dig into this primer on relevant case law.)

Someone please take this president aside so he can stop embarrassing himself and the country.

Legalism Has Replaced Liberty

Today, 17Sep18, is Constitution Day….a day in my opinion that is the most important of days in the founding of this country….

On September 17, 1787, the delegates to the Constitutional Convention met for the last time to sign the document they had created. We encourage all Americans to observe this important day in our nation’s history by attending local events in your area. Celebrate Constitution Day through activities, learning, parades and demonstrations of our Love for the United State of America and the Blessings of Freedom Our Founding Fathers secured for us.

For more information on the Constitution then this is the site you need…..http://www.constitutionday.com/

These days everyone seems to hug the Constitution and claim that their views or their candidates are the best representatives of the US Constitution…….you, as a voter, has heard it all from both sides of the political meter……

But actually our liberty has been replaced with of all things legalism.

For those still deluded enough to believe they’re living the American dream—where the government represents the people, where the people are equal in the eyes of the law, where the courts are arbiters of justice, where the police are keepers of the peace, and where the law is applied equally as a means of protecting the rights of the people—it’s time to wake up.

We no longer have a representative government, a rule of law, or justice.

Liberty has fallen to legalism.

https://www.counterpunch.org/2018/07/06/the-constitution-is-not-neutral/

The Constitution is become a political prop more so than those stupid straw hats of the past…..an understanding is not necessary to run for office just having a copy makes you the perfect candidate to protect the document….

Plus we have a political game of “Simon Says” with our Founders…..Jefferson is one of the most misquoted Founders…..then it is followed by Hamilton and Madison…..a game we need to STOP playing……

As the United States’ depressed, distracted, disorganized, and demobilized populace watches the vicious white-nationalist and authoritarian Donald Trump and the arch-reactionary Republican Party craft a Supreme Court yet further to the right of majority public opinion, the worst of the nation’s slave-owning Founders might just be heard chuckling in their graves.

https://www.counterpunch.org/2018/07/13/time-to-stop-playing-simon-says-with-james-madison-and-alexander-hamilton/

As a student US Political History I believe that the Constitution is a more deserving incident that deserves its recognized holiday……DoI was basically a grievances list…the Constitution established the rules for a nation.