Tag Archives: Constitution

Harvard Law Review: Ted Cruz is a natural born citizen and is eligible to become President

Donald Trump with his buddies, the Clintons - I think that's Trump's third wife on the right
Donald Trump and his third wife pose with his radical leftist Democrat friends

Donald Trump has been questioning whether Ted Cruz is eligible to run for President because he was born in Canada. I thought it might be worth it to look at the circumstances of Cruz’s birth, then get an opinion from some legal experts.

So as far as I can tell, there are 3 people on the planet who think that Cruz is not eligible to run for President. Donald Trump, Rand Paul and Ann Coulter, a famous celebrity comedian who supported Mitt Romney, and now supports Donald Trump. She is very fond of getting attention by saying outrageous things, which she later claims are “jokes”. This week, she wanted to have the Republican governor of South Carolina, Nikki Haley, deported. She later said she was joking.

Ted Cruz’s mother was born in the USA

So, let’s start with the facts:

Eleanor Darragh, mother of Sen. Ted Cruz (R-TX), was born in Delaware on Nov. 23, 1934, establishing her citizenship by birth–and, according to U.S. law, that of her son, even though he was born in Calgary, Alberta, Canada, on Dec. 22, 1970.

You can look at her birth certificate on Breitbart News. This is the thing that all the birthers on Daily Kos and Democratic Underground denied the existence of, until it appeared. There is no doubt that Ted Cruz’s mother is an American citizen, and she met the residency requirements to pass on birthright citizenship to baby Ted.

Ted Cruz’s mother passes the residency requirement to pass on birthright citizenship

Former assistant U.S. attorney, and law professor Andrew McCarthy explains in National Review:

Under the law in effect when Cruz was born in 1970 (i.e., statutes applying to people born between 1952 and 1986), the requirement was that, at the time of birth, the American citizen parent had to have resided in the U.S. for ten years, including five years after the age of fourteen. Cruz’s mother, Eleanor, easily met that requirement: she was in her mid-thirties when Ted was born and had spent most of her life in the U.S., including graduating from Rice University with a math degree that led to employment in Houston as a computer programmer at Shell Oil.

Ted’s mother registered baby Ted with the U.S. Consulate in Calgary. Cruz moved back to the USA when he was 4 years old. Cruz was able to get a U.S. passport to travel abroad in 1986. The U.S. government does not hand out U.S. passports to non-citizens.

A legal opinion from the Harvard Law Review

Now, I didn’t think this topic was worth writing about. It was actually my friend Robb who urged me to do it.

Robb sent me this article from the Harvard Law Review, which is what made me decide to go ahead and write about it.

The article is written by two experts in the law:

Neal Kumar Katyal is an American lawyer and chaired professor of law. He served as Acting Solicitor General of the United States from May 2010[2] until June 2011… Katyal was the Paul and Patricia Saunders Professor of National Security Law at Georgetown University Law Center and the lead counsel for the Guantanamo Bay detainees in the Supreme Court case Hamdan v. Rumsfeld. While serving at the Justice Department, he argued numerous cases before the Supreme Court.

Paul Drew Clement is a former United States Solicitor General and current Georgetown University law professor. He is also an adjunct professor at New York University School of Law. He was nominated by President George W. Bush on March 14, 2005 for the post of Solicitor-General, confirmed by the United States Senate on June 8, 2005, and took the oath of office on June 13. Clement replaced Theodore Olson. Clement resigned on May 14, 2008, effective June 2, 2008, and joined the Georgetown University Law Center as a visiting professor and senior fellow at the Supreme Court Institute.

The article says:

The Constitution directly addresses the minimum qualifications necessary to serve as President. In addition to requiring thirty-five years of age and fourteen years of residency, the Constitution limits the presidency to “a natural born Citizen.” All the sources routinely used to interpret the Constitution confirm that the phrase “natural born Citizen” has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time. And Congress has made equally clear from the time of the framing of the Constitution to the current day that, subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.

While some constitutional issues are truly difficult, with framing-era sources either nonexistent or contradictory, here, the relevant materials clearly indicate that a “natural born Citizen” means a citizen from birth with no need to go through naturalization proceedings. The Supreme Court has long recognized that two particularly useful sources in understanding constitutional terms are British common law and enactments of the First Congress. Both confirm that the original meaning of the phrase “natural born Citizen” includes persons born abroad who are citizens from birth based on the citizenship of a parent.

“Natural born” means no naturalization process. Ted Cruz’s mother was a citizen by birth. She meets the residency requirements to pass on birthright citizenship. We have her birth certificate. We also have Ted’s birth certificate with her name on it as his mother. This ends the issue for all the people who are governed by reason and evidence.

What does the Bible say on the issue of self-defense vs gun control?

Theology that hits the spot
Theology that hits the spot

Reformed Baptist theologian Wayne Grudem speaks on the Bible and the right of self-defense.

About Wayne Grudem:

Grudem holds a BA from Harvard University, a Master of Divinity from Westminster Theological Seminary, and a PhD from the University of Cambridge. In 2001, Grudem became Research Professor of Bible and Theology at Phoenix Seminary. Prior to that, he had taught for 20 years at Trinity Evangelical Divinity School, where he was chairman of the department of Biblical and Systematic Theology.

Grudem served on the committee overseeing the English Standard Version translation of the Bible, and in 1999 he was the president of the Evangelical Theological Society. He is a co-founder and past president of the Council on Biblical Manhood and Womanhood. He is the author of, among other books, Systematic Theology: An Introduction to Biblical Doctrine, which advocates a Calvinistic soteriology, the verbal plenary inspiration and inerrancy of the Bible, the body-soul dichotomy in the nature of man, and the complementarian (rather than egalitarian) view of gender equality.

The MP3 file is here.

The PDF outline is here.

Topics:

  • what about turning the other cheek? doesn’t that undermine self-defense?
  • what does Jesus say about the right to self-defense in the New Testament
  • did Jesus’ disciples carry swords for protection during his ministry?
  • why did Jesus tell his disciples to sell their cloaks and buy swords?
  • what about Jesus stopping Peter from using force during Jesus’ arrest?
  • shouldn’t we rely on police instead of our own personal weapons?
  • what about brandishing a handgun vs actually trying to shoot someone?
  • what are violent crime rates in pro-gun USA and in the anti-gun UK?
  • does outlawing guns cause violent crime to increase or decrease?
  • do academic studies show that gun control decreases crime?
  • do academic studies show that concealed carry laws decreases crime?
  • what do academic studies show about defensive handgun usage?
  • do many children die from guns in the home compared to other causes?
  • doesn’t the US Constitution limit the usage of guns to the army and police?
  • what did the Founding Fathers believe about lawful ownership of firearms?
  • What should be the goal of someone who uses a weapon in self-defense?

This is a good example of applying the Bible to real life. We need more of that!

Did Australia’s ban on guns lower violent crime rates and lower suicide rates?

Guns are for self-defense against criminals
Guns are for self-defense against criminals

Someone asked me about what I thought of Australia’s experience banning the use of handguns for self-defense against criminals, and so I thought I would link to an article from The Federalist, then explain what peer-reviewed studies say about the issue.

Let’s start with The Federalist.

It says:

The argument, as Vox’s headline puts it, is “Australia confiscated 650,000 guns. Murders and suicides plummeted.”

The piece, along with many gun control advocates, cites a Harvard University study whose conclusion begins with this line: “It does not appear that the Australian experience with gun buybacks is fully replicable in the United States.” Not a great start for Vox’s angle, but I digress.

The study doesn’t conclude that “murders and suicides plummeted” in Australia after the 1996 gun ban, as Vox claims in its headline. Instead, it focuses solely on firearm-related murders and suicides.

After the gun ban, violent crime rates were up:

Yes, as with the gun-happy United States, the murder rate is down in Australia. It’s dropped 31 percent from a rate of 1.6 per 100,000 people in 1994 to 1.1 per 100,000 in 2012.But it’s the only serious crime that saw a consistent decline post-ban.

In fact, according to the Australian government’s own statistics, a number of serious crimes peaked in the years after the ban. Manslaughter, sexual assault, kidnapping, armed robbery, and unarmed robbery all saw peaks in the years following the ban, and most remain near or above pre-ban rates. The effects of the 1996 ban on violent crime are, frankly, unimpressive at best.

It’s even less impressive when again compared to America’s decrease in violent crime over the same period. According to data from the U.S. Justice Department, violent crime fell nearly 72 percent between 1993 and 2011. Again, this happened as guns were being manufactured and purchased at an ever-increasing rate.

So although you have fewer firearm-related deaths when you disarm law-abiding civilians, violent crime increases, because there is now NO deterrence to criminals. Even a criminal with a knife can rob, rape and murder someone who is unarmed.

What about suicide rates?

Look:

The Australian gun ban’s effect on suicide in the country isn’t any better. While Vox repeats the Harvard study’s claim that firearm-related suicides are down 57 percent in the aftermath of the ban, Lifeline Australia reports that overall suicides are at a ten-year high. The Australian suicide prevention organization claims suicide is the leading cause of death for Australians 15 to 44 years old. So, while Australians kill themselves with firearms less often, it seems they don’t actually take their own lives any less often than before the ban.

So, overall suicides are not down, people simply found other ways to kill themselves. So the gun ban had no effect on the overall suicide rate. But it did raise the violent crime rate. Should we be surprised by this? Actually, this is consistent with peer-reviewed research.

The peer-reviewed research

Whenever I get into discussions about gun control, I always mention two academic books by John R. Lott and Joyce Lee Malcolm.

Here is a paper by Dr. Malcolm that summarizes one of the key points of her book.

Excerpt:

Tracing the history of gun control in the United Kingdom since the late 19th century, this article details how the government has arrogated to itself a monopoly on the right to use force. The consequence has been a tremendous increase in violent crime, and harsh punishment for crime victims who dare to fight back. The article is based on the author’s most recent book, Guns and Violence: The English Experience (Harvard University Press, 2002). Joyce Malcom is professor of history at Bentley College, in Waltham, Massachusetts. She is also author of To Keep and Bear Arms: The Origins of an AngloAmerican Right (Harvard University Press, 1994).

Upon the passage of The Firearms Act (No. 2) in 1997, British Deputy Home Secretary Alun Michael boasted: “Britain now has some of the toughest gun laws in the world.” The Act was second handgun control measure passed that year, imposed a near-complete ban on private ownership of handguns, capping nearly eighty years of increasing firearms restrictions. Driven by an intense public campaign in the wake of the shooting of schoolchildren in Dunblane, Scotland, Parliament had been so zealous to outlaw all privately owned handguns that it rejected proposals to exempt Britain’s Olympic target-shooting team and handicapped target-shooters from the ban.

And the result of the 1997 gun ban:

The result of the ban has been costly. Thousands of weapons were confiscated at great financial cost to the public. Hundreds of thousands of police hours were devoted to the task. But in the six years since the 1997 handgun ban, crimes with the very weapons banned have more than doubled, and firearm crime has increased markedly. In 2002, for the fourth consecutive year, gun crime in England and Wales rose—by 35 percent for all firearms, and by a whopping 46 percent for the banned handguns. Nearly 10,000 firearms offences were committed.

[…]According to Scotland Yard, in the four years from 1991 to 1995 crimes against the person in England‟s inner cities increased by 91 percent. In the four years from 1997 to 2001 the rate of violent crime more than doubled. The UK murder rate for 2002 was the highest for a century.

I think that peer-reviewed studies – from Harvard University, no less – should be useful to those of us who believe in the right of self-defense for law-abiding people. The book by economist John Lott, linked above,compares the crime rates of all U.S. states that have enacted concealed carry laws, and concludes that violent crime rates dropped after law-abiding citizens were allowed to carry legally-owned firearms. That’s the mirror image of Dr. Malcolm’s Harvard study, but both studies affirm the same conclusion – more legal firearm ownership means less crime.

Harvard Journal of Law & Public Policy paper: gun control doesn’t lower murder rate

Guns are for self-defense against criminals
Guns provide effective self-defense against violent criminals

Doug Ross linked to this study published in the Harvard Journal of Law & Public Policy.

He writes:

The Harvard study attempts to answer the question of whether or not banning firearms would reduce murders and suicides. Researchers looked at crime data from several European countries and found that countries with HIGHER gun ownership often had LOWER murder rates.

Russia, for example, enforces very strict gun control on its people, but its murder rate remains quite high. In fact, the murder rate in Russia is four times higher than in the “gun-ridden” United States, cites the study. ”Homicide results suggest that where guns are scarce other weapons are substituted in killings.” In other words, the elimination of guns does not eliminate murder, and in the case of gun-controlled Russia, murder rates are quite high.

The study revealed several European countries with significant gun ownership, like Norway, Finland, Germany and France – had remarkably low murder rates. Contrast that with Luxembourg, “where handguns are totally banned and ownership of any kind of gun is minimal, had a murder rate nine times higher than Germany in 2002.

The study found no evidence to suggest that the availability of guns contributes to higher murder rates anywhere in the world. ”Of course, it may be speculated that murder rates around the world would be higher if guns were more available. But there is simply no evidence to support this.”

The authors also took a look at the effect of gun control laws in various U.S. states, gun ownership in rural and urban areas, and across racial lines. The long and short of it is that a small number of extremely active criminals with lengthy criminal records are responsible for the overwhelming super-majority of all gun crimes, and these criminals are psychopaths that ignore all laws.

The study also cited a previous report that was unable to find a single gun control law implemented in the United States that is proven to have reduced violent crime.

This is not the first time that a study in a presitigious journal has challenged the liberal gun control narrative. People who oppose guns oppose them because of feelings. Guns are scary and guns are loud, they say. That’s their reasoning. But if you actually look at the data, you’ll find that guns do reduce crime rates.

The peer-reviewed research

Whenever I get into discussions about gun control, I always mention two academic books by John R. Lott and Joyce Lee Malcolm.

Here is a paper by Dr. Malcolm that summarizes one of the key points of her book.

Excerpt:

Tracing the history of gun control in the United Kingdom since the late 19th century, this article details how the government has arrogated to itself a monopoly on the right to use force. The consequence has been a tremendous increase in violent crime, and harsh punishment for crime victims who dare to fight back. The article is based on the author’s most recent book, Guns and Violence: The English Experience (Harvard University Press, 2002). Joyce Malcom is professor of history at Bentley College, in Waltham, Massachusetts. She is also author of To Keep and Bear Arms: The Origins of an AngloAmerican Right (Harvard University Press, 1994).

Upon the passage of The Firearms Act (No. 2) in 1997, British Deputy Home Secretary Alun Michael boasted: “Britain now has some of the toughest gun laws in the world.” The Act was second handgun control measure passed that year, imposed a near-complete ban on private ownership of handguns, capping nearly eighty years of increasing firearms restrictions. Driven by an intense public campaign in the wake of the shooting of schoolchildren in Dunblane, Scotland, Parliament had been so zealous to outlaw all privately owned handguns that it rejected proposals to exempt Britain’s Olympic target-shooting team and handicapped target-shooters from the ban.

And the result of the 1997 gun ban:

The result of the ban has been costly. Thousands of weapons were confiscated at great financial cost to the public. Hundreds of thousands of police hours were devoted to the task. But in the six years since the 1997 handgun ban, crimes with the very weapons banned have more than doubled, and firearm crime has increased markedly. In 2002, for the fourth consecutive year, gun crime in England and Wales rose—by 35 percent for all firearms, and by a whopping 46 percent for the banned handguns. Nearly 10,000 firearms offences were committed.

[…]According to Scotland Yard, in the four years from 1991 to 1995 crimes against the person in England‟s inner cities increased by 91 percent. In the four years from 1997 to 2001 the rate of violent crime more than doubled. The UK murder rate for 2002 was the highest for a century.

I think that peer-reviewed studies – from Harvard University, no less – should be useful to those of us who believe in the right of self-defense for law-abiding people. The book by economist John Lott, linked above,compares the crime rates of all U.S. states that have enacted concealed carry laws, and concludes that violent crime rates dropped after law-abiding citizens were allowed to carry legally-owned firearms. That’s the mirror image of Dr. Malcolm’s Harvard study, but both studies affirm the same conclusion – more legal firearm ownership means less crime.

If you still think that guns are somehow bad for reducing crime, why not check out a formal academic debate featuring 3 people on each side of the debate?

If you want to know why the Democrat parts of the United States have such high rates of violence, then you need to look at the enormously high out-of-wedlock birth rates in the Democrat parts of the United States. Democrats have no problem with having fatherless children, and they support paying people welfare in order to do it. No wonder they have a crime problem that’s caused by the fatherlessness that is caused by their own values and policies. When Democrats stop paying single mothers money to have fatherless kids, then the crime rates in the Democrat parts of the United States will go down.

The Fourth of July reminds us to fight for liberty

This is called a Gadsen flag.
This is called a Gadsen flag.

John Zmirak is my favorite writer on The Stream. Here’s his 4th of July post.

He writes:

The Fourth of July is a time for celebration, but it’s also a time to recommit ourselves to champion those American principles, and to remember that those principles stand over against some very particular evils:

  • Arbitrary seizure and use of private property by the state in the name of the “common good.”
  • A corrupt bargain between the government and religion, with funds and favors flowing to the churches that toe the government line, and taxes and bans restricting the free exercise of religion.
  • Government micromanagement of the economy, with politically connected companies exploiting their crony connections to legislators and restricting the freedom of commerce.
  • Paternalistic government, which saw the common man as a hapless sheep, to be herded and sheared by elites.
  • The concentration of power in a single, national government that bullied colonies, cities and villages, imposing a single uniform policy on a diverse and various country.

Each of these things our forefathers denounced, defied and defeated. Each generation of Americans has had to re-fight the American Revolution in one way or another, hefting the leaden weight of our fallen wills that drags us down toward vice and tyranny. Ben Franklin, when asked what manner of government the infant Constitution offered, said, “A republic, if you can keep it.”

Like each fresh crop of Americans before us, we find republic-keeping a bold and arduous duty. Sometimes we keep it safe in wars, at other times we keep it back from the brink of a cliff. And now we keep our republic faithful to its principles by resisting it, by refusing to obey unjust laws that betray our nation’s honor.

I think the general consensus among my friends about how to respond to the threats from the secular left is to act according to your conscience and be willing to go to jail. Then talk about what happened to you. And in the meantime, while you are not yet in jail, take the opportunity to get an alias and speak out. Studying is important so that you can learn how to speak intelligently about the issues we face. Right now, the left is winning because they speak in emotional, irrational ways. If we can articulate the reasons for our views, with evidence, that helps people to remember what liberty is and why our Founders fought for it.

I keep seeing statements about the problems we are likely to face from so many writers, and every time I see them, I think of this one Christian woman I knew long ago who told me that my speaking accurately about this threats “scared her”, and that the right response was to not be scared. Every time I asked her which fear scared her, she would not name one. So I started explaining them to her and she said that she didn’t want to hear the details. Well, surprise! Our respected conservative leaders are now joining me in being scared, and because they know the details.

John Zmirak says:

This is not the easiest time to be an American Christian, or a Christian American. The core elements of our creed are under attack from without and within, while our nation’s civic religion has been rewritten by the Supreme Court to exclude every orthodox Christian. A cabal of radicals has gained control of the government. They wish to control all our churches, and find willing collaborators in all too many pulpits. Has the American Revolution been reversed and replaced with the French Revolution?

Unless Christians stand up, unite and fight, this may be one of the last Fourths of July we can celebrate as full citizens, and the last election in which we have any meaningful voice. If the federal government moves on to punitively taxing Christian churches, how fitting would it be for us to raise the red, white and blue and shoot off fireworks to honor that government? We might be forced instead to mourn our vanished republic.

Ben Shapiro says:

With God safely shunted to the side in favor of Justice Kennedy, the next step in the gay rights movement will be the smashing of idolators — namely, those who cling to their religion and church in spite of Justice Kennedy’s New New Testament. Leftists have already moved to ban nonprofit status for religious institutions that refuse to acknowledge same-sex marriages; leftists have already sued into oblivion religious business owners who refuse to participate in same-sex weddings. It will not stop there. Religious schools will be targeted. Then, so will homeschooling programs. The secular religion of the left has been set free to pursue its own crusade against the infidel.

Matt Walsh says:

I believe strongly that real persecution awaits us down the road. I think my children will face hostility and opposition and maybe even violence on a level I haven’t yet seen. We are heading into very challenging times, but if we keep our families together and our hearts with God, we’ll be OK. No matter what happens, we’ll be OK. And, by extension, if we pour ourselves into our families and into our faith, we might be able to rescue this culture and this country from the clutches of progressive annihilation. It won’t happen quickly, and I don’t know if it will happen at all, but I know there’s a chance. America is not lost completely. Not yet.

Dennis Prager says:

Moreover, the war to replace God, Judeo-Christian values and the Bible as moral guides is far from over. What will this lead to?

Here are three likely scenarios:

1. Becoming more and more like Western Europe, which has more or less created the first godless and religion-less societies in history. Among the consequences are less marriage and the birth of far fewer children.

2. More and more ostracizing — eventually outlawing — of religious Jews and Christians, clergy, and institutions that refuse to perform same-sex weddings.

3. An America increasingly guided by people’s hearts.

If you trust the human heart, you should feel confident about the future. If you don’t, you should be scared.

You should be scared. I am scared. And yet Dennis Prager is not about to stop fighting, and neither am I. In fact, I am better equipped to fight this intellectually and financially than many of my other friends who are not scared. It’s not wrong to be scared when there really is a threat, and usually, the people who study these things more have more a more accurate view than the people who just feel confident. Blind confidence is stupid – it’s a mental disorder to be blindly optimistic in the face of a threat. Invoking spiritual language to dismiss a legitimate threat is ineffective, and therefore unwise. The right thing to do is to see the reality and then engage it and defeat it. I have been blogging about the threat to religious liberty since this blog started in 2009, and it was one of my 3 arguments in my post arguing against same-sex marriage in June 2011.

This is not the time for us to be thinking of fun and thrills. We have work to do.