Sunday, November 04, 2018



We will open fire on the immigrant caravan if they throw stones says Trump as he promises to end to catch and release of illegals and put families in 'tent cities' instead

President Donald Trump issued a dire warning to would-be immigrants making their way toward the U.S., warning that thousands of U.S. troops being sent to the border would return fire if caravan members throw rocks at them.

The president once again said the U.S. would build tent cities to manage the problem of would-be asylum seekers, and said: 'We'll be holding the family and the children together' in the tents. 

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Trump Is Right: Ending Birthright Citizenship Is Constitutional

By legal expert Hans von Spakovsky

President Donald Trump’s announcement Tuesday that he is preparing an executive order to end birthright citizenship has the left and even some conservatives in an uproar.

But the president is correct when he says that the 14th Amendment to the Constitution does not require universal birthright citizenship.

An executive order by Trump ending birthright citizenship would face a certain court challenge that would wind up in the Supreme Court. But based on my research of this issue over several years, I believe the president’s view is consistent with the view of the framers of the amendment.

Those who claim the 14th Amendment mandates that anyone born in the U.S. is automatically an American citizen are misinterpreting the amendment in a manner inconsistent with the intent of the amendment’s framers.

Universal birthright citizenship attracts illegal immigration. By granting immediate citizenship to anyone born on U.S. soil, regardless of the legal status of the parents, we reward and encourage illegal and exploitative immigration.

Most countries around the world do not provide birthright citizenship. We do so based not upon the requirements of federal law or the Constitution, but based upon an erroneous executive interpretation. That should be changed.

Many Republicans, Democrats, and independents believe the 14th Amendment grants citizenship to anyone born on U.S. soil, even if their parents are here illegally. But that ignores the text and legislative history of the amendment, which was ratified in 1868 to extend citizenship to freed slaves and their children.

Contrary to popular belief, the 14th Amendment doesn’t say that all people born in the U.S. are citizens. It says that “all persons born or naturalized in the United States and subject to the jurisdiction thereof” are citizens. That second, critical, conditional phrase is conveniently ignored or misinterpreted by advocates of “birthright” citizenship.

Critics of the president’s possible action erroneously claim that anyone present in the United States has “subjected” himself or herself “to the jurisdiction” of the United States, which would extend citizenship to the children of tourists, diplomats, and illegal immigrants alike.

But that is not what that qualifying phrase means. Its original meaning refers to the political allegiance of an individual and the jurisdiction that a foreign government has over that individual.

The fact that tourists or illegal immigrants are subject to our laws and our courts if they violate our laws means that they are subject to the territorial jurisdiction of the U.S. and can be prosecuted. But it does not place them within the political “jurisdiction” of the United States, as that phrase was defined by the framers of the 14th Amendment.

This amendment’s language was derived from the 1866 Civil Rights Act, which provided that “all persons born in the United States, and not subject to any foreign power,” would be considered citizens.

The amendment was intended to give citizenship only to those who owed their allegiance to the United States and were subject to its complete jurisdiction. Sen. Lyman Trumbull, R-Ill., a key figure in the adoption of the 14th Amendment, said that “subject to the jurisdiction” meant not owing allegiance to any other country.

Universal birthright citizenship attracts illegal immigration. By granting immediate citizenship to anyone born on U.S. soil, regardless of the legal status of the parents, we reward and encourage illegal and exploitative immigration.

Today many people do not seem to understand the distinction between partial, territorial jurisdiction—which subjects all foreigners who enter the U.S. to the jurisdiction of our laws—and complete political jurisdiction, which requires allegiance to the U.S. government as well.

So while a foreign tourist could be prosecuted for violating a criminal statute, he could not be drafted if we had a military draft or otherwise be subject to other requirements imposed on citizens, such as serving on a jury. If a foreign tourist has a baby while in the U.S., her child is a citizen of her home country and owes no political allegiance to the U.S.

In the famous Slaughter-House cases of 1872, the Supreme Court stated that this qualifying phrase was intended to exclude “children of ministers, consuls, and citizens or subjects of foreign States born within the United States.”

This was confirmed in 1884 in another case, Elk vs. Wilkins, when citizenship was denied to an American Indian because he “owed immediate allegiance to” his tribe and not the United States.

American Indians and their children did not become citizens until Congress passed the Indian Citizenship Act of 1924. There would have been no need to pass such legislation if the 14th Amendment extended citizenship to all people born in America, no matter what the circumstances of their birth, and no matter the legal status of their parents.

Most legal arguments for universal birthright citizenship point to the Supreme Court’s 1898 decision in United States v. Wong Kim Ark. But that decision only stands for the very narrow proposition that children born of lawful, permanent residents are U.S. citizens.

The high court decision says nothing about the children of illegal immigrants or the children of tourists, students, and other foreigners only temporarily present in this country being automatically considered U.S. citizens. Those children are considered citizens of the native countries of their parents, just like children born abroad to American parents are considered U.S. citizens, no matter where the children are born.

The Supreme Court’s interpretation of the 14th Amendment as extending to the children of legal noncitizens was incorrect, according to the text and legislative history of the amendment. But even under that holding, citizenship was not extended to the children of illegal immigrants—only permanent, legal residents.

U.S. immigration law (8 U.S.C. § 1401) simply repeats the language of the 14th Amendment, including the phrase “subject to the jurisdiction thereof.” The federal government has erroneously interpreted that statute to provide passports and other benefits to anyone born in the United States, regardless of whether their parents are here illegally and regardless of whether the applicant meets the requirement of being “subject to the jurisdiction” of the U.S.

As a result, the president of the United States has the authority to direct federal agencies to act in accordance with the original meaning of the 14th Amendment, and to issue passports and other government documents and benefits only to those individuals whose status as U.S. citizens meets this requirement.

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Roaring Economy Is GOP's Best Election Pitch

If Republicans focus their closing argument this weekend on the roaring American economy, they’ll strengthen their chances of holding Congress in Tuesday’s midterm elections. Today’s jobs report is a particularly strong one — 250,000 jobs added and a headline unemployment rate of 3.7%, the lowest since 1969. The fuller U-6 measure of unemployment dropped to a historically low 7.4%. MarketWatch reports, “The increase in hiring last month was broad based — not a single major industry shed jobs.” And Investor’s Business Daily notes, “Among blacks, the unemployment rate dropped from 8.3% [two years ago] to 6%, and among Hispanics it’s now 4.5%. It was 5.7% two years ago.”

There are more than seven million job openings, which is more than there are people looking for jobs. “Thirty-eight percent of all owners reported job openings they could not fill in the current period, equal to last month’s record high,” reports National Federation of Independent Business Chief Economist William Dunkelberg. That has put upward pressure on wages, which increased at a 3.1% annual rate — the best since 2009.

As President Donald Trump observed, “It’s the best unemployment numbers we have in 50 years. And that’s wonderful, but we actually need workers now. That’s a good thing to be saying because that hasn’t been said for many, many decades. And we want people to come in. You’ve all been reading about the immigration situation with the caravans and all, but the fact is, we want people coming into the country. We want them to come in legally.”

On a final note, consumer confidence once again hit an 18-year high this week. And what is the economy but a monetary measure of consumer confidence? When people perceive that things are good, that perception becomes reality.

How good is it? “Pretty much everything you could want in a monthly jobs report,” says … Joe Biden’s economic adviser, Jared Bernstein. Granted, he refuses to credit Trump, but still.

The bottom line: The extraordinary midterm record for Trump and congressional Republicans has the nation better off than we were two years go. Will voters reward the GOP with holding both houses, or has Democrats’ divisive rhetoric really made voters “tired of winning”?

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43 percent of early voters are Republican and 41 percent are Democrats

Suggesting a narrow GOP win

Six days out from Election Day, over 24 million votes have been counted as early or absentee, a number that exceeds the total nationwide early vote from 2014.

As of Wednesday, 24,024,621 million early and absentee ballots have been counted nationwide in all states with early voting activity.

Six days out from Election Day during the last midterm in 2014, just under 13 million (12,938,596) early or absentee ballots had been counted — a difference of over 11 million — signifying that voters could be shifting more and more toward early voting.

Wednesday's early vote total even surpasses the total nationwide early vote from 2014, which was over 21 million (21,218,015).

Turnout overall is generally lower during midterm elections than presidential elections, but this year the total early vote count six days out is between where it was in 2014 and the over 29 million (29,196,380) early votes that were counted six days out from the presidential election in 2016.

In all of the key states NBC News has been following, early vote counts for so far this year (Arizona, Florida, Georgia, Indiana, Montana, Nevada, Tennessee and Texas), the six-day-out total is higher in than it was in 2014. The national trend toward early voting has been close between the two parties.

As of Wednesday, 43 percent of early voters are Republican and 41 percent are Democrats. At this point in 2016, 43 percent of early voters were Democrats and 40 percent were Republicans.

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New Voter Fraud Cases Show Need to Secure Our Elections

The midterm elections are less than a week away, and that means that ensuring the integrity of the electoral process is more important than ever.

If Americans cannot say with certainty that their votes will be counted, that the process is free of fraud, and the outcome is valid, what incentive do they have to turn out in the first place?

Unfortunately, the latest news on the election integrity front is less than inspiring.

In August, the Justice Department announced it was prosecuting 19 foreign nationals for illegally voting in North Carolina—some of them in multiple elections. Those prosecutions are ongoing.

A month later, Californians learned—just weeks before a tremendously consequential election—that a “processing error” had led to 1,500 people being improperly registered to vote in their state, including at least one noncitizen.

Unbelievably, this is only the latest in a series of snafus that have plagued the state’s new “motor voter” law. Earlier this year, the state Department of Motor Vehicles botched 23,000 registrations and double-registered potentially tens of thousands more.

Just this week, The Heritage Foundation has added 20 new cases to its online election-fraud database, which now documents 1,165 proven cases of election fraud spanning 47 states. And 1,011 of these cases resulted in criminal convictions.

The new entries run the election fraud gamut, but voters heading to the polls may find one from Philadelphia particularly disturbing.

The members of the election board responsible for administering polling station 43-7 during a March 2017 special election abused their authority to deny voters an opportunity to freely cast their ballots.

According to Pennsylvania Attorney General Josh Shapiro, Calvin Mattox, Wallace Hill, Thurman George, and Dolores Shaw employed “harassment and intimidation against voters who wanted to vote for candidates of their choice—but not the candidate being pushed by the city’s Democratic Party machine.”

Mattox, Hill, and George pleaded guilty to various election law violations and received probated sentences and a loss of their voting rights. Shaw received an accelerated rehabilitative disposition for “compromising the local election board.”

Meanwhile, in Illinois an entire family—Calvin Borders Jr.; his son, Calvin Borders III; his daughter, Candace; and the son’s girlfriend, Janie Walker—registered to vote using a vacant lot on Jefferson Street in Brooklyn, Illinois. None lived in the city.

The two men pleaded guilty to perjury, while Candice Borders and Walker pleaded guilty to forgery. The Borders were sentenced to probation, and Walker is awaiting sentencing later this year.

In one case of double voting, Jeffrey Hartman, a resident of Westminster, Maryland, illegally registered to vote in both Maryland and Morgan County, West Virginia, and on nine different occasions since 2006 cast ballots in both states.

Hartman pleaded guilty in West Virginia to illegal voting and was given a suspended 30-day jail sentence, was put on probation for one year, and ordered to pay a $100 fine and court costs.

These are just a handful of the more colorful cases from Heritage’s database, which is itself likely only the tip of the election fraud iceberg.

Simply put, the full scope of fraud in U.S. elections is unknown, and many states do not have in place the policies and procedures to detect and deter voter fraud.

Yet efforts at studying the problem, such as President Donald Trump’s thwarted Presidential Commission on Election Integrity, or proactively addressing the issue, like Ohio’s move to clean up voter rolls riddled with errors, are vigorously attacked and opposed by liberal activists and politicians.

They have spent years insisting, despite mounting, incontrovertible evidence—to say nothing of common sense—that election fraud is nonexistent. They claim that “election integrity” is a smokescreen designed to conceal efforts at suppression and disenfranchisement.

What they ignore, or more accurately, seek to bury, are the inconvenient facts that dispel these narratives. Participation rates have increased in states that have adopted voter identification laws.

When states do pass photo identification requirements, they include provisions that ensure that anyone without an acceptable ID can get one for free.

Opponents of election integrity also want to deflect attention away from the broad popularity of the measures they attack. Voter ID, for example, is so uncontroversial that even in our bitterly divided era, a Rasmussen poll found that 70 percent of likely voters favor it.

They also want to deflect attention away from the bitter truth that each illegal ballot that is cast essentially disenfranchises a lawful voter. That is something no American should tolerate.

With elections, the process matters at least as much as the outcome, and Americans deserve a process they can trust.

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For more blog postings from me, see  TONGUE-TIED, EDUCATION WATCH INTERNATIONAL, GREENIE WATCHPOLITICAL CORRECTNESS WATCH, AUSTRALIAN POLITICS, and Paralipomena (Occasionally updated),  a Coral reef compendium and an IQ compendium. (Both updated as news items come in).  GUN WATCH is now mainly put together by Dean Weingarten. I also put up occasional updates on my Personal blog and each day I gather together my most substantial current writings on THE PSYCHOLOGIST.

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2 comments:

Paul Weber said...

Even after people have been prosecuted for vote fraud the Democrats still claim it doesn't happen.

Robert said...

Anyone remember the undercover video of someone suggesting he was Eric Holder in Washington D.C. around 2012, and the election officials were ready to give him the ballot and record Eric Holder as having voted? The guy did back out of actually casting that ballot, but could one imagine how the real Eric Holder would have reacted had the pretender cast the ballot in his name, and the real Eric Holder had been told he had already voted?