As with so many constitutional and political disputes, the renewed controversy over the 14th Amendment has both sides claiming degrees of clarity and certainty that belied by a long and convoluted historical record. I have written and spoken this week about the arguments on both sides of this issue — a debate that has raged for 150 years. Frankly, I believe a court ruling would be welcomed to bring clarity and closure to the issue. The plain meaning of the 14th Amendment supports unlimited birthright citizenship and that is likely where the courts would come out on the issue. Nevertheless, from the time of ratification, there has been a debate over that interpretation with many Democratic and Republican members arguing for decades that the matter is left to Congress. For decades, many have held to the belief that either the14th Amendment leaves the matter to Congress or limits the right to birthright citizenship. Continue reading “Interpreting the Fourteenth Amendment: The Long and Convoluted Record on Birthright Citizenship”
Category: Politics
After thousands of fatalities to U.S. personnel and allies and hundreds of billions of dollars, the Taliban now controls more of Afghanistan than at any point since 2001 . . . that the momentum seems to favor the Taliban. The government controls only 55 percent of the country. One can only wonder at the problems in this country that could have been addressed by hundreds of billions of dollars but the thousands lost and wounded are no abstraction.
Continue reading “Report: Taliban Now Controls More Of Afghanistan Than At Any Time Since 2001”
In Mt. Pleasant, South Carolina, U.S. Rep. Mark Sanford is lucky that he was not egged, tped, and then burned in effigy after he invited people to come to his office for Halloween after four to trick or treat and walk away with . . . copies of the Constitution. The Constitution is my life. I love the Constitution. I have spent a lifetime speaking and writing about the Constitution. However, it ain’t the same as a Reeces or Snickers bar. Indeed, Sanford needs to flip to the Eighth Amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This was the infliction of cruel and unusual punishment on Halloween. Continue reading “Worst Halloween House [Member] Ever . . .”
Below is my column in The Hill newspaper on the now annual controversy over Halloween costumes and objections over cultural appropriation. This week universities mounted campaigns against offensive costumes while commentators lashed out at cultural appropriation. For example, students at Michigan State University this week were given warnings that a costume of a giant taco was not offensive but becomes offensive if the student puts on a sombrero. Other colleges threatened discipline for costumes that are culturally appropriating or inappropriate. These campaigns seem to grow each year even though we have never had a serious debate over the meaning and application of cultural appropriation charges over costumes.
Here is the column: Continue reading “Cultural Appropriation Is The Scariest Part Of Halloween This Year”
We have been previously discussing our ridiculous medical insurance system where citizens are hit with obscene charges — often by design to ensnare those unwilling or unable to challenge the charges. It can range from an $18,000 charge for a napping child to $15,000 for tiny screws to $89,329 for a $750 serum. The system exists because Congress allows it to exist in conformity with an army of lobbyists for the pharmaceutical and medical industries. The latest example was laid out by National Public Radio (NPR). Professor Janet Winston, 56, who teaches Humboldt State University, was charged $48, 329 for allergy testing at Stanford Health Care. Continue reading “California Professor Charged $48,329 for Allergy Tests By Stanford Health Care”
San Francisco has triggered a national debate over its decision to register undocumented migrants to vote in school board elections. However, a more pressing controversy may be the amount of money spent on the effort. San Francisco spent $310,000 to register just 49 people in the city. That translates to $6,326 a vote. The measure has created an interesting split among advocates as some have warned the city could be giving ICE a ready-made list for roundups of deportations. Continue reading “San Francisco Spends $6,326 A Vote To Register 49 Undocumented Migrants To Vote”
We just hit another milestone this weekend with over 35,000,000 views. We are also recently closing in on 60,000 followers on Twitter. We like to call the site the “little engine that could” among blogs with our growing collection of people from around the world. Despite a few contributors who insist on personal characterizations and attacks, this site strives to be a place for civil but passionate discourse on legal and policy issues of our time (and perhaps a few wacky stories).
We often use these milestones to look at the current profile of the blog and its supporters around the world. As always, I want to offer special thanks to Darren Smith who continues help up with periodic technical problems and our many regular commentators and readers. We try to keep this blog as an open forum with as little interference or monitoring of the comments as possible. Given our free speech orientation, we try not to delete comments and, for that reason, we are deeply appreciative of how most people avoid personal or offensive comments in debating these issues. Obviously, our open forum allows trolls and others to spew comments that are at times offensive and obnoxious but we continue to believe that civil and balanced comments will prevail. Thank you for voluntarily assuming restraint over the tenor and content of your comments.
So here is our current profile:
The FBI lived up to its international reputation in nailing the suspected mail bomber within just a few days of the first appearance of pipe bombs at the offices or homes of leading critics of President Donald Trump. He is Cesar A. Sayoc, 56, a Trump supporter and body builder with a criminal history. He has appeared at Trump rallies and identifies himself as a Native American for Trump. He has been described as a “muscle head stripper” for his former boss.
Continue reading “FBI Arrests Pro-Trump Florida Man As Suspected Mail Bomber”
I have previously written about Anthony Scaramucci and his short period as a White House Communications Director. Scaramucci has said that he remains in contact with President Donald Trump and it was therefore a surprise to read that Scaramucci called Trump a “liar” in promoting his new book. After considerable coverage on that point, Scaramucci made a rather curious pivot in clarifying that President Trump is not a “liar” but an “intentional liar.” That really does not sound like an improvement. Continue reading ““A Methodology of Mistruth”: Scaramucci Clarifies His Earlier Description of Trump As A Liar By Saying He Is Actually An “Intentional Liar””
There was a time when the United States led the world in environmental protection. That position has now been taken over by Europe on areas ranging from eliminating fossil fuels to recycling. Now the European Parliament is about to take a bold stand against plastic pollution ruining our oceans with a ban on single use plastics. This comes at a time when plastics not only are close to outnumbering fish in the ocean but plastic saturation in the environment and food chain have been found to have contaminated human bodies.
One of the largest Ontario school boards has sent out a warning to teachers that they should steer away from assigning the American classic To Kill a Mockingbird by Harper Lee. The memo rejects the book for how its “white saviour” makes less characters look “less than human.” It also cites the use of the “N word” and its violent scenes as reasons to reject the book. We have previously discussed other efforts to ban the book. This is how school officials know sin. It is when they actively seek to discourage the reading of great literary works to “protect” students from the depictions of harsh realities and dehumanizing conditions. Atticus said “remember it’s a sin to kill a mockingbird.” Continue reading ““It’s a Sin To Kill A Mockingbird”: Canadian School Board Denounces American Classic As “Violent and Oppressive For Black Students””
Telemundo has posted a highly disturbing video of a white woman screaming profanities at a Spanish-speaking family and demanding to see their passports. The offensive tirade captures our age of rage in this country. The video was taken by the Guatemalan woman who appears the target of the enraged diatribe at Andy’s restaurant in Lovettsville, Virginia. The incident is painfully reminiscent of the video of New York attorney Aaron Schlossberg that we discussed earlier in the year.
Continue reading ““Show Me Your Passports”: Woman Rages At Spanish-Speaking Family In Virginia”
We have previously discussed the alarming rollback on free speech rights in the West, particularly in France (here and here and here and here and here and here) and England ( here and here and here and here and here and here and here and here and here and here). Much of this trend is tied to the expansion of hate speech and non-discrimination laws. We have seen comedians targeted with such court orders under this expanding and worrisome trend. (here and here). Now the French parliament is considering the making of jokes or mockery over accents a form of prohibited discrimination. It is a ban on “Glottophobia”, the French term for discrimination based on pronunciation and tone. Continue reading “Banning “Glottophobia”: French Legislators Move To Ban The Mocking Of Accents”
Janet Arsanian, a teacher at Cortney Junior High School, is facing calls for her termination after her son dressed as Adolf Hitler for Halloween. The controversy rekindles our long debate over the free speech rights of teachers and public employees in controversial statements or actions in their private lives. Arsanian insisted that “we don’t worship Hitler or agree with what he did.” More importantly, there is no allegation that Arsanian has shown any intolerance or inappropriate responses in her role as a teacher. I share to reaction of many to such a costume as offensive but, as many on this blog know, I tend to follow a robust view of free speech in such controversies. Continue reading “Nevada Teacher Faces Calls For Termination After Her Son Dresses As Hitler For Halloween”
Judicial Watch has filed a bar complaint against counsel for Dr. Christine Blasey Ford. The complaint follows the issue raised earlier on this blog on the statement made by Ford that she was never told that the Committee had offered to fly to California. Attorneys Debra Katz, Lisa Banks, and Michael Bromwich deny the allegation and say that Ford was fully informed. These are very accomplished lawyers and I am inclined to believe them. That however raises serious questions about Ford’s sworn testimony and the attorneys offer a rather tortured explanation of the conflict. Continue reading “Bar Complaint Filed Against Counsel For Dr. Christine Blasey Ford”