Supreme Court tryouts

March 20, 2009

Elena Kagan took the oath of office to be the nation’s top lawyer, the Solicitor General, last Friday.  The Associated Press is running a story (here from the Sacramento Bee) on whether this is a tryout for the Supreme Court itself, “Obama could make top high court lawyer a justice.”  (Isn’t that a tortured headline?)

Three justices may want to retire soon:  Justice John Paul Stevens is 88 years old.  Justice Ruth Bader Ginsburg is 76, and back on the court in record time after surgery for pancreatic cancer.  Justice David Souter is third oldest, at 69.

So, this AP story could be a good article for use in government classes.  Consider these questions:

  • Is Solicitor General a stepping stone to the Supreme Court’s bench?
  • What is the role of the Solicitor General?
  • How important is Supreme Court experience, or experience in other courtrooms, to success in arguing before the Supreme Court?
  • What are some of the top cases before the Supreme Court this term, and what are the potential and likely results of these appeals?
  • What is the role of the U.S. Senate in selection of federal judges, and especially in the selection of Supreme Court justices?
  • Kagan clerked for Justice Thurgood Marshall.  What do law clerks do for justices?  What does her clerking suggest for Kagan’s advocacy of Voting Rights Act issues, since she worked with Justice Thurgood Marshall?

Resources:


5th Circuit approves Texas “moment of silence” law

March 19, 2009

Any Texas student who had hoped to get out of the one-minute silence exercise suffered a defeat on St. Patrick’s Day.  A three-judge panel of the Fifth Circuit Court of Appeals sustained a Texas federal court’s ruling that the state-mandated moment of silence is legal.

Edith Brown Clement wrote the decision for the panel, in Croft vs. Texas (the link is to a .pdf of the decision).

David and Shannon Croft, as parents and next friends of their three minor children (collectively, the “Crofts”), bring suit against the governor of the state of Texas, Rick Perry (“Perry”), arguing that Texas Education Code § 25.082(d) is an unconstitutional establishment of religion. The district court granted summary judgment in favor of Perry, holding that § 25.082(d) had a secular legislative purpose and was not an establishment of religion. For the following reasons, we affirm.

*     *     *     *     *     *

Conclusion

The Crofts have standing to challenge the 2003 Amendments. But the Amendments are constitutional and satisfy all three prongs of the Lemon analysis. There is no excessive entanglement, and the primary effect of the Amendments is not to advance religion. The most difficult prong—for this and for moment of silence statutes generally—is legislative purpose. But our review of legislative history is deferential, and such deference leads to an adequate secular purpose in this case. While we cannot allow a “sham” legislative purpose, we should generally defer to the stated legislative intent. Here, that intent was to promote patriotism and allow for a moment of quiet contemplation.  These are valid secular purposes, and are not outweighed by limited legislative history showing that some legislators may have been motivated by religion. Because the 2003 Amendments survive the Lemon test, they are not an unconstitutional establishment of religion, and the judgment of the district court is AFFIRMED

We covered the original trial court decision here at the Bathtub.

Not much news coverage of the story, not so much as I would have thought (many Texas schools are on break this week).  No firm word on whether the Crofts will appeal further.  An Illinois case went the other way in January — enough conflict to get the Supreme Court involved?  Difficult to say.  The Illinois Legislature is working to undo the federal court decision, in Illinois.

Would it be a good case to cover in government?  What do you think?

What should the students meditate on?  A suggestion from the comments at the Dallas Morning News blogsite:

“May we please have a moment of science, for those poor souls that cannot understand evolution as God’s scientific method.”
Joseph Cassles


Tiger justice, with a hint of poetry

February 23, 2009

Wild Sumatran tiger.jpg  Face on with wild tiger in Sumatra. This animal didnt like camera traps and destroyed three over a weekend. Photo by Michael Lowe, 2006, Wikimedia Commons

Wild Sumatran tiger - "Face on with wild tiger in Sumatra. This animal didn't like camera traps and destroyed three over a weekend." Photo by Michael Lowe, 2006, Wikimedia Commons. See William Blake's poem, below.

Reuters reports from Jakarta, on six people killed by tigers in Indonesia recently:

On Sunday, a tiger attacked and killed a man carrying logs near an illegal logging camp, Wurjanto said. Two other loggers in the same area were mauled and killed on Saturday.

Preliminary findings suggested the attacks were taking place because people were disturbing the habitat of the tigers, Wurjanto said.

*   *   *   *   *

The Sumatran tiger is the most critically endangered of the world’s tiger subspecies.

Forest clearances, killings due to human-tiger conflict, and illegal hunting for the trade in their parts, have led to tiger numbers halving to an estimated 400-500 on the Indonesian island from an estimated 1,000 in the 1970s, conservationists said.

Under Texas law, a homeowner may use deadly force to  stop trespassers, especially someone who poses a threat to the homeowner and the property.  I wonder whether the tigers will even get a trial.

A tree poacher mauled to death by the endangered tigers whose habitat he destroys:  Perfect example of poetic justice.

The Tyger

Tyger! Tyger! burning bright,
In the forests of the night,
What immortal hand or eye
Could frame thy fearful symmetry?

In what distant deeps or skies
Burnt the fire in thine eyes?
On what wings dare he aspire?
What the hand dare seize the fire?

And what shoulder, and what art?
Could twist the sinews of thy heart?
And when thy heart began to beat,
What dread hand, and what dread feet?

What the hammer? What the chain?
In what furnace was thy brain?
What the anvil? What dread grasp
Dare its deadly terrors clasp?

When the stars threw down their spears,
And watered heaven with their tears,
Did he smile his work to see?
Did he who made the Lamb, make thee?

Tyger! Tyger! burning bright,
In the forests of the night,
What immortal hand or eye
Dare frame thy fearful symmetry?

— William Blake

Resources:


Remember the Pueblo, the crew and Commander Bucher, and the Great Hoaxes of 1968

December 24, 2008

They are safely back on American soil.  Except for the boat, the U.S.S. Pueblo, which remains in North Korea, the biggest bauble for a failed North Korean government that clings to power at the price of the lives of its people.

 General Charles H. Bonesteel III, U.S. Army, Commander-in-Chief, United Nations Command, (left) and Rear Admiral Edwin M. Rosenberg, USN, Commander Task Force 76, (right) greet members of Pueblos crew as they arrive at the U.N. Advance Camp, Korean Demilitarized Zone, on 23 December 1968, following their release by the North Korean government. USS Pueblo (AGER-2) and her crew had been captured off Wonsan on 23 January 1968. Note Christmas decorations.  Official U.S. Navy Photograph.

General Charles H. Bonesteel III, U.S. Army, Commander-in-Chief, United Nations Command, (left) and Rear Admiral Edwin M. Rosenberg, USN, Commander Task Force 76, (right) greet members of Pueblo's crew as they arrive at the U.N. Advance Camp, Korean Demilitarized Zone, on 23 December 1968, following their release by the North Korean government. USS Pueblo (AGER-2) and her crew had been captured off Wonsan on 23 January 1968. Note Christmas decorations. Official U.S. Navy Photograph.

40 years ago, yesterday, the crew of the Pueblo was repatriated, after 11 months of grueling prison time, and torture, and hoaxes that best demonstrate American views on authority.

Harry Iredell, one of the most active chroniclers of the Pueblo, wrote:

On December 23rd, 11 months to the day of their capture, the crew of the PUEBLO walked, one every 15 seconds, across the Bridge of no Return to freedom and the opportunity to live the rest of their lives.

I had expected to write a lot more about 1968 through this year, the 40th anniversary — but events overtake a part-time blogger, often, and I am no exception.

I would like to see some recognition given to the crew of Pueblo at the end of this year.  They deserve it for their great service to our nation, in the first place.

But in the second place, their story is a talisman of what happened to the U.S. in that stormy year, a year that I believe was one of the most traumatic in U.S. history.  It was a year of bad news mostly, from Vietnam, in civil rights with the assassination of Rev. Dr. Martin Luther King, Jr., and in politics with the assassination of New York’s Sen. Robert F. Kennedy. on the night he won the California primary in the presidential race. One reason we think to remember the good news of Apollo 8 at the end of the year, is that the rest of 1968 was so bad.  Apollo 8’s stunning success in the last week of the year was a refreshing and hopeful contrast to the despairing news from the rest of the year.  Even the release of the Pueblo crew did not erase the bad taste from the capture, and their torture by North Korea.

Here is what I wrote about 1968 a while ago, in “Penetration however slight:  More on a good and noble hoax — the U.S.S. Pueblo” :

1968 was depressing.

What was so bad? Vietnam manifested itself as a quagmire. Just when Washington politicians predicted an end in sight, Vietcong militia launched a nationwide attack in South Vietnam on the Vietnamese New Year holiday, Tet, at the end of January. Civil rights gains stalled, and civil rights leaders came out in opposition to the Vietnam war. President Johnson fared poorly in the New Hampshire primary election, and eventually dropped out of the race for the presidency (claiming he needed to devote time to making peace in Vietnam). Labor troubles roiled throughout the U.S., including a nasty strike by garbage collectors in Memphis. It didn’t help to settle the strike that the sanitation workers were almost 100% African American, the leadership of Memphis was almost 100% white, and race relations in the city were not so good as they might have been – the strike attracted the efforts of the Southern Christian Leadership Conference, and Martin Luther King, Jr. – who was assassinated there in early April. In response, riots broke out in 150 American cities.

Two months later, in June, with the Vietnam War as a very divisive issue, the presidential campaign was marked by great distress of voters and increasing polarization. Sen. Robert F. Kennedy appeared to pull into the lead when he won the California primary in June, but he was assassinated that night. Tens of thousands of anti-war protesters, angry at President Johnson, showed up at the Democratic National Convention in Chicago – with Johnson out of the race, the protests were essentially for show. Mayor Richard J. Daley took offense at the protesters, and Chicago policemen, who considered themselves the political opposites of the shaggy-haired protesters, attacked the protesters with clubs and tear gas. A national commission later called it a “police riot.” Vice President Hubert Humphrey could not make his opposition to the Vietnam War known soon enough or broadly enough, and had a tough campaign against Republican, former Vice President Richard Nixon, who promised that he had a “secret” peace plan for Vietnam. Nixon won in a squeaker. Nixon had no secret peace plan.

At the end of the year, the U.S. got a feel-good story out of the Apollo Project, when NASA launched Apollo 8, which orbited the Moon on Christmas Eve.

Throughout the year, there was the continuing sore of Americans held captive by the Republic of North Korea.

Commander Lloyd M. Bucher and the men of the U.S.S. Pueblo were captured by a superior force of North Korean gunboats on January 23, 1968, a few days before the Tet Offensive. The capture and 11 months of captivity were a trial for the 84 men, and an embarrassment for the U.S. Tortured and unable to effect an escape, Bucher and his men did the next best thing: They played hoaxes that made the North Koreans look silly.

Among other things, Cmdr. Bucher had signed a confession demanded (by torture) by North Korea. When news of this confession was revealed in the western press, observers were concerned that a U.S. citizen would succumb to making what was regarded as a false confession, but a coup for communist totalitarians. The texts of the confessions and other material from the captives, however, revealed something quite different. The confessions were written or edited largely by Bucher and the crew, and to an American with any familiarity with popular culture, they were hilarious.

My recollection was that at least one of the confessions was that the Pueblo had indeed penetrated North Korean territorial waters, but it was phrased to make it sound like the definition of rape offered in the Uniform Code of Military Justice (UCMJ). I could not find any record of that confession on the internet.

At some length, I succeeded in getting a copy of the out-of-print autobiography of Cmdr. Bucher, to check my memory of the confessions. The book is out of print. I found a couple of copies at a used book vendor, very inexpensive, through Amazon.com. However, shortly after ordering the books, I was informed by both the Post Office and the vendor that the books had been destroyed by sorting machinery. Fortunately, they had been shipped separately, and one finally arrived.

Unfortunately, the “Final, final confession” does not contain what I recall. However, the book revealed that after the writing of the “Final, final,” Bucher’s crew was asked to write more – apologies to the people of North Korea, and other propaganda documents. It was in those documents that the text I recalled, appeared.

2008 marks 40 years since that terrible year, 40 years since the Pueblo incident. For the sake of posterity, and to aid your lesson plans, here is the part of the confessions I recall which has not been available lately.

Bucher: My Story, Commander Lloyd M. Bucher, USN, with Mark Rascovich, Doubleday 1970, Dell 1971; p. 342

We did in fact get away with a composition that matched my Final, Final Confession for brazen kidding of the KORCOMS, and which far surpassed it in subtlety. Blended into the standard Communist verbosity were such lines of our own as:

“We, as conscientious human beings who were cast upon the rocks and shoals of immorality by the tidal waves of Washington’s naughty policies know that neither the frequency nor the distances of these transgressions into the territorial waters of this sovereign peace-loving nation matter because penetration however slight is sufficient to complete the act. (“Rocks and Shoals” is Navy slang for the Uniform Code of Military Justice and the last line contains the essential definition of rape.)

This was both delivered over film and TV and published in the “Ping-pong Times.” The Glorious General was well pleased and set the same team to working on the next letter.

North Korea was anxious to cash in on the propaganda opportunities of the confessions and other material, and spread these documents as far as their naïve public relations offices could. Eventually, in late November or early December, a photograph of the captives, intended to show them healthy and having a good time, was distributed to newspapers. In the photo, the crew were shown smiling on a basketball court, holding a basketball, with a few of their North Korean guards. The photo was not published widely in the United States, however, because almost to a man, the crew were displaying what they had told the North Koreans was a “Hawaiian good luck symbol” – extended middle fingers. U.S. papers thought the photo inappropriate. European papers published it, however, and eventually Time Magazine ran the photo, with an explanation.

When news got back to Pyong Yang that the North Koreans had been hoaxed, the North Koreans instituted a week of beatings and torture. Within a couple of weeks, however, the North Koreans handed over the crew back to the U.S., at Panmunjon. U.S. officials were convinced that their signing an insincere confession got the Pueblo crew released. Anyone who ever read O. Henry’s Ransom of Red Chief suspected the North Koreans got the crew out of North Korea before they could hoax the government completely away.

Fortunately, Lloyd Bucher and the crew of the Pueblo did not follow H. L. Mencken’s advice after the Fillmore Bathtub hoax, and swear off hoaxes completely.

The “confessions” were hoaxes, great and glorious hoaxes in the best “Kilroy was here” spirit of American fighting forces.  Unsure that they wouldn’t be executed, after being tortured, American Navy people still had the piss and vinegar to kick their captors in the ass.

A Navy Yeoman Second Class holds a U.S. flag, to be used to drape the coffin of Seaman Duane Hodges, who was killed when USS Pueblo  (AGER-2) was captured by the North Koreans off Wonsan on 23 January 1968. Seaman Hodges body was returned to American custody with the ships other crewmen, at the Korean Demilitarized Zone, 23 December 1968.  Official U.S. Navy Photograph

A Navy Yeoman Second Class holds a U.S. flag, to be used to drape the coffin of Seaman Duane Hodges, who was killed when USS Pueblo (AGER-2) was captured by the North Koreans off Wonsan on 23 January 1968. Seaman Hodges' body was returned to American custody with the ship's other crewmen, at the Korean Demilitarized Zone, 23 December 1968. Official U.S. Navy Photograph

There ought to be a special medal for that sort of stuff.  There isn’t.  More people should know and remember the story.  Not enough do.

Resources:

At Millard Fillmore’s Bathtub

Other sources



Supreme Court: No review of Obama eligibility

December 6, 2008

Generally the orders coming out of Friday conferences at the Supreme Court issue the following Monday. So, for Obama critics and dedicated Obama haters, there is still some hope that the Supreme Court might answer part of their wildest dreams. But it doesn’t look good for them.

[Saturday night update: Donofrio’s blog acknowledges the orders don’t include his case. He’s holding out for Monday. Technically, he’s right — the orders usually would issue Monday. But if Friday’s orders issued from Friday’s conference, it doesn’t speak well of the chances that an age discrimination case took precedence over a case challenging the election still in process. We won’t know for sure, until Monday.]

[Monday morning update, December 8: It’s official. Donofrio’s case was not accepted for a hearing. As the Washington Post noted, there are other pending cases, but nothing likely to be acted on soon. I’ve noted in other posts, I think it unlikely any of the cases has a signficant chance of success.]

No order issued from the Supreme Court to further discuss the appeal of the dismissal of a New Jersey lawsuit challenging Barack Obama’s eligibility to be president. Instead, the Court granted certiorari to an accused terrorist to challenge President George W. Bush’s authority (which will fall to President Barack Obama, really), and the Court granted cert and an okay for an amicus brief on a labor case (age discrimination).

(writ of certiorari: [Law Latin “to be more fully informed”] An extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record in the case for review. ♦ The U.S. Supreme Court uses certiorari to review most of the cases it decides to hear.) Black’s Law Dictionary, 7th ed. (Bryan Garner, ed.)

Assuming this listing to be accurate, the shotgun arguments against Obama’s eligibility appear to be dead issues. The electoral college balloting occurs on December 15 in 50 state capitals and the District of Columbia.

Short of a mass exodus of Obama electors in states where law does not bind them to vote as they pledged to vote, Obama’s selection by the electoral college appears to be fait accompli.

The Wall Street Journal’s Law Blog noted the lack of order in the case, late yesterday.

For thousands of people addicted to the tubes of the internet, this will pose interesting problems as to what they can whine about for the next several weeks.

Previous comments on the Bathtub:

Over the front door of the U.S. Supreme Court:

Over the front door of the U.S. Supreme Court: “Equal Justice Under Law.” Wikipedia image by UpStateNYer


Without hysterics, the Obama eligibility issue

December 5, 2008

In a conference today [December 5, 2008] the Supreme Court will reconsider together whether to take on a suit challenging the eligibility of Barack Obama to be president of the United States under a sometimes-arcane  section of Article II of the Constitution.

Is Barack Obama a “natural born” citizen of the U.S.?

In the building where “Equal Justice Under Law” is engraved high over the front door, poker-player Leo Donofrio’s challenge will be examined to see whether at least four of the nine justices of the Court think he has enough of a case to actually merit a hearing.  Justice David Souter rejected Donofrio’s case earlier, so this is a hail-Mary play on the part of Obama’s opponents.

Equal Justice Under Law, the West Pediment of the U.S. Supreme court. AAPF image

Equal Justice Under Law, the West Pediment of the U.S. Supreme court. AAPF image

The Court takes seriously the principle engraved over the door, however.  This is the same Court that ruled earlier this year an accused terrorist and all-around bad guy held at Guantanamo Bay has the right to a writ of habeas corpus over the objections of the Most Power Man in the World, U.S. President George W. Bush.  The humble, gritty, or even unsavory history of litigants does not limit their rights under the law.

Leo Donofrio in his usual office. Leo Donofrio image

Leo Donofrio in his usual office. Leo Donofrio image

So the question is, what sort of case does Donofrio have against Obama’s eligibility?

Would Justice Clarence Thomas have agreed to bring this case to the conference if it doesn’t have a chance to succeed?

I’ve not lunched with Thomas in more than two decades, so I can’t speak with any inside knowledge.  Historically, the Court, and indeed all the federal courts, have agreed to examine cases like this often simply to provide an authoritative close to the issue.  In this case, the outright hysteria of the anti-Obama partisans suggests the issue should be put to bed if possible.

Under usual Court procedures, we won’t learn the results of the conference until Monday.  I would not be surprised if the results are announced today, just to promote the settling of the issue.

Does Donofrio have a case?

I don’t see a case.  It’s clear that Obama is a U.S. citizen now.  Donofrio’s argument is rather strained, and sexist.  He claims that Obama’s father having been a British subject in 1961 (Kenya was not yet independent), Obama had dual citizenship at birth — and, further, Donofrio alleges, this dual citizenship trumps both Obama’s birth on U.S. soil (which should be dispositive) AND Obama’s mother’s U.S. citizenship, conferring a special status that doesn’t meet the intentions of the framers of the Constitution.

Donofrio’s claim is odd in that it would grant a lesser-status to children of legal immigrants than is allowed by law to children of illegal immigrants, or temporary visitors.  It also is bizarre, to me, in the way it dismisses Obama’s mother’s existence as a factor in Obama’s citizenship status — and while equal rights for women were not wholly obtained in 1961, no one has successfully argued that the citizenship of the father trumps that of the mother in citizenship cases.

Donofrio is arguing that Obama’s dual citizenship at birth disqualifies him from holding the presidency, technically, in a very narrow reading — though Obama would have absolutely every other right of a natural born citizen.

A couple of observations:

First, this is not an easy issue to litigate. Standing is the easiest way for a federal court to avoid a decision — what harm can a citizen claim from letting Obama be president?  It’s difficult to find an injury even were Donofrio’s claims valid.  No blood, no foul.  No injury, no standing to sue.  It is upon this basis that most of the cases against Obama’s eligibility have been tossed out, as Donofrio’s has been tossed, twice already.

Second, it is unclear what entity enforces the eligibility clause of the Constitution, or indeed, whether any entity can. For most of the summer Obama’s critics were pressuring the Federal Election Commission (FEC) to do something, even though the FEC lacks a quorum of members to do anything.  More to the point, there is nothing in any law that confers on the FEC the function of checking the citizenship status of any candidate.  Sometime in October they finally figured out that state secretaries of state might have a role, since they set up the ballots in each state.

I admit I thought that, until I reflected on the issue of the electoral college.  In U.S. presidential elections, voters do not vote directly for president and vice president.  Instead, we vote to elect people who will be the electors who decide — electors of the electoral college.  The history of this institution can be found elsewhere.  For the sake of these suits, however, it means that the secretaries of state have no role at all in the eligibility of the candidates.  They rule on the eligibility of the electors, which is an entirely different kettle of fish. Some states even list the electors on the ballot.

But in any case, it means Donofrio is suing the wrong entity, even if we can’t tell him what the correct entity is.

Third and most important, Donofrio is asking for U.S. citizenship law to be overturned in a most inconvenient time and place. Dual citizenship is a bar to very little in American life.  There is an assumption that people who hold that status are fully American citizens, absent a showing of contrary facts.  There are no contrary facts in evidence from Donofrio, nor from anyone else, despite promises of the revelation of conspiracies.

In short, Donofrio is arguing that there is, somewhere, somehow, some information that Barack Obama is not the shining patriot his life story reveals.  Donofrio doesn’t know what that information is, or where it might be found, but he thinks maybe the State of Hawaii is complicit in a conspiracy to hide this information, which is hidden on the hand-written records of Obama’s birth in 1961.  You might think Donofrio has watched “National Treasure” a few too many times, and whether it’s that movie or some other source, you’d be right — paranoid suspicions of conspiracy are not the stuff good court cases are made of.

The dozen or more cases against Obama’s eligibility all suffer from this astounding, dramatic lack of evidence.  Is there an affidavit from someone who alleges that Obama’s citizenship should be called into question?  If so, they’ve not been presented to any court.  (Obama tormentor Corsi claims to have interviewed Obama’s Kenyan grandmother, and he alleges she said through an interpreter that Obama was born in Kenya; oddly, he didn’t bother to get an affidavit from the woman, nor from anyone else — and others who listen to the tape think she thought Corsi was asking about the birth of her son, not grandson.  This is not solid evidence.)

I argued earlier there is a long chain of evidence creating rebuttable presumptions that Obama’s a natural born U.S. citizen.  To contradict this chain of evidence, contestants should provide extraordinary, clear evidence of contradiction.  What is offered by Donofrio is neither extraordinary, nor clear, nor necessarily contradictory to the presumptions.

This is not an issue solely for the hysterical.  Lawyers and scholars have looked at the issue through the years, and intensely this year, and arrived at the conclusion that Obama is perfectly eligible for the presidency.

Will sanity ever prevail?

Resources you may want to consult:

Vodpod videos no longer available.


Obama’s birth certificate: Astrologers bring sound reason

November 30, 2008

Texas Darlin‘ and the bevy of sites who contest the authenticity of Barack Obama’s birth certificate need to come up for air once in a while.  When astrologers start using better science, logic and reason than those obsessed with Obama’s birth certificate, it’s time for those so obsessed to change their ways, don’t you think?

See also the six ways the arguments against Obama’s birth certificate fail.


Molly Ivins and the argument for an immortal soul

November 29, 2008

It struck me today:  Don’t the political events of the past year make a powerful argument that there is an afterlife, and that Molly Ivins is finally taking control of some of the supernatural strings?

Tip of the old scrub brush to Pamela Bumsted for sending the link to the Righteous Mothers singing the tribute to Molly Ivins:

The Righteous Mothers, \”Missing Molly Ivins\”

We’ll fight for truth and justice, and have fun.

Cover of Texas Observer Tribute to Molly Ivins edition

Cover of Texas Observer "Tribute to Molly Ivins" edition; click to purchase a copy for your library and edification.


6 ways challenges to Obama’s citizenship fail

November 27, 2008

Enough already.  Somebody’s putting LSD into the water conservatives and other wackoes are drinking — that’s the only rational explanation for continued complaints about Barack Obama’s birth eligibility for the presidency.

First, here’s the rational view of the issue, from FactCheck.org, “Born in the USA.”

Here are a few of the sites that seem to have lost all touch with reality, and continue to whine that Obama might somehow be ineligible for the presidency:

Conservatives expert advisor Leo C. Denofrio, from his seat at a Caesars Palace poker table

Do you trust your nation's future to this man? - Conservatives' expert advisor Leo C. Denofrio, from his seat at a Caesar's Palace poker table

Weird enough, irrational enough yet?  As odd as these sites are, sometimes the comments get even odder.  It doesn’t help the rationality quotient that so many of these bloggers block out or strike down comments that present an alternative case or rational answers.

And in fact, it’s partly because of Texas Darlin’s anti-rational-comment pose that I put this post up.  Somebody, somewhere, needs to suggest the rational foundations, and inject them into the discussion.

A commenter named Carlyle states the basic case of the birth-certificate-obsessed people (BCOs).  It’s a nutty case, ungrounded in fact or logic, but Texas Darlin’ won’t allow responses.  So, here are some of the things these people are not thinking about as they fold ever-thicker tinfoil hats.

Carlyle said:

But let me back up for a moment and lay out the two great truths. These are the things that are known without doubt and far above speculation.

1. FACT – Obama has never provided admissable auditible citizenship documentation to anybody. No complete birth certificate, no passport, no selective service registration, nothing, zero, nada, zippo. Nobody can produce any of this stuff – not DNC, FEC, DOJ, State SecStates, electors – nobody.

No, actually Carlyle is doing a lot of speculation there (as are other BCOs).  Almost all of these rants are based on speculation, wild speculation far outside of what is known.  The key questions would revolve around what sorts of evidence would be admissible as evidence in a court of law in the U.S.  Very few of these anti-Obama rants ever bother to touch ground on those issues.  The birth certificate issued by the State of Hawaii, posted by the Obama campaign for months, is the legally-admissible document.  The ranters have to ignore that to get on to the rest of their complaints.

Beyond the legally-admissible, there are logical cascades of events to which we can point, which strongly suggest the ranters are truly full of sound and fury signifying nothing.

First, in order to obtain a passport, for one example, one must provide “admissible, auditable citizenship documentation” to the U.S. Department of State. We know Obama has held a passport for many years, so we can be reasonably certain he provided that information originally (Do you have a passport?  How did you get it without a birth certificate?  I got a diplomatic speedy process, and I still had to provide a birth certificate . . .).

Propagandist-and-self-promoter-for-hire Jerome Corsi claims Obama didn’t travel on a U.S. passport, claiming results from an impossible Freedom of Information Act request to the U.S. State Department.

Obama’s passport is a matter of record (though privacy laws do not allow release of the passport itself, generally).  Without evidence to the contrary, this presents a rebuttable presumption that Obama is a citizen. Does anyone else have information that the birth certificate Obama gave State was wrong?  Obviously not — the BCOs don’t appear to have been aware such a thing was even required.

Second, one of the things State checked for when I applied for a passport (when I worked in the Senate) was my Selective Service Status.  Hypothetically, they don’t want to grant a passport to someone who is not registered.  Again, under the rules of civil procedure, we have a rebuttable presumption that Obama’s draft registration was fine when he traveled as a student.  If it was fine then, absent a showing from anyone that there was a later event that made the draft registration invalid, we should assume that State did their job.  As a pragmatic matter, the draft ended in the early 1970s, so there could be almost no issue that could have caused Obama’s draft status to change.  It’s pretty clear that his draft registration is valid.

Third, Obama is a lawyer.  In order to get a license to practice law, applicants must provide a certified copy of a birth certificate to the National Conference of Bar Examiners, in order to be eligible to take the bar exam. The National Conference then does a background investigation on all candidates, generally an investigation more thorough than the FBI’s checking for most federal appointees.  In the past, the Conference has reported issues like minor drug use, preventing people from becoming lawyers in several states.  Absent a showing by someone that the National Conference granted special waivers, or a showing of other irregularities, the fact that Obama held a license to practice law presents a rebuttable presumption that his birth certificate is valid exactly as he alleges, and that his draft status is legal. Obviously, the BCOs have no information to indicate any irregularity, since they were unaware of this check.  We should assume, therefore, that Obama has a valid birth certificate and draft registration, since the Illinois Bar got a recommendation from the National Conference of Bar Examiners that Obama was morally fit to be a lawyer.

Fourth, Obama is a U.S. Senator.  As a matter of standard operating procedure, the FBI does a thorough background check on every elected Member of Congress, to certify that they are eligible for top secret clearance, since every member will be seeing national secrets.  Occasionally these checks produce questions, which are usually resolved by the Rules Committee of each house.  There is no record of any proceeding dealing with any irregularity in the background check for Sen. Obama.  This means that there is a rebuttable presumption that the FBI was satisfied with Obama’s citizenship status, as well as his patriotism and ability to keep state secrets.

Furthermore, for members of the Armed Services, Intelligence oversight, and Foreign Relations Committees, there is a more thorough background check by the FBI, since many of these members will be seeing a lot of secrets, and many of them will be talking with foreign dignitaries and visiting foreign nations, and in other ways would have opportunities to pass state secrets to non-allies and even enemies of the U.S.  The simple fact that Obama sat on the Foreign Relations Committee and was, in fact, chairman of the NATO subcommittee (which deals with secrets of many of the allies of the U.S.), creates a fourth rebuttable presumption that Obama’s citizenship status, draft status, patriotism and ability to wave the flag and sing the “Star-Spangled Banner” are above reproach.

Obviously, BCOs don’t have any information to suggest there is any problem with this tougher security clearance, and in fact appear to be wholly unaware that such an investigation had been done, or could be done.

Fifth, since the November 4 election, Sen. Obama has been getting the daily National Security briefiing that President Bush gets.  This briefing includes our nation’s most precious secrets, and cannot be done, even for the president, without the CIA and Homeland Security verifying that the man is who he says he is.

BCOs have no information to overcome the several rebuttable presumptions that Obama’s credentials are in order, evidenced by their total lack of awareness that such procedures even exist.

So, in five ways, we have assurances that Obama is wholly legal and qualified to hold the office of the presidency.  Neither TD’s commenter Carlyle nor any other BCO has any basis to question these federal and state agencies, nor have they suggested any irregularity in any one of these processes which would lead to the irrational conclusion that Obama is not a natural-born U.S. citizen, or not eligible to be president.

Sixth, Obama posted his birth certificate in June, on-line [archived version here]. Are these people Google impaired?

2. FACT – Against numerous attempts by journalists and courts to ask for such information, Obama has uniformaly resisted. One might even say beligerently so.

One might say that, but one would be prevaricating, belligerently.  As noted above, Obama’s birth certificate is available on-line.  So much for resistance.   So far as we know, every reporter who asked was able to view the actual certificate with it’s stamp of authority from the State of Hawaii.  Such analyses have been done, written about, and posted on-line.  Are they Google AND Yahoo impaired?

Do the BCOs have any serious evidence of any problems that the U.S. State Department, the FBI, the National Conference of Bar Examiners, the State Bar of Illinois, the FBI again, the Rules Committee of the U.S. Senate, the CIA and the U.S. Department of Homeland Security missed?  What is their evidence?

We challenge them to be specific.  If they are claiming something like an aged grandmother’s testimony that Obama was born in Kenya, they should have the good sense not to waste the court’s time about such folderol unless unless have a sworn affidavit from the woman, taken down by a court reporter, and corroborating evidence (Corsi did not even bother to get statements, let alone sworn statements under oath, I understand — he’s asking a Supreme Court hearing for inadmissible hearsay).

And Joseph Farah, here’s my challenge to you:  Provide corroboration for your charges, provide affidavits where they would be required, provide evidence of error on the parts of these federal and state agencies, or shut up about it. Even scandal-sheet journalists have some responsibility to at least try to look like they care about accuracy.  Farah owes it to his readers to get things right.  He’s not living up to the duty he owes.

What do they have?

Why must we entertain cargo cultists in their dances?  We have two wars and a crashing economy to fix.  Can we get on with the transition, please?

Barack Obamas birth certificate, showing the states stamp of authenticity, from FactCheck.org

Barack Obama's birth certificate, showing the state's stamp of authenticity, from FactCheck.org

See Updates:

Please share the information.

Add to FacebookAdd to NewsvineAdd to DiggAdd to Del.icio.usAdd to StumbleuponAdd to RedditAdd to BlinklistAdd to TwitterAdd to TechnoratiAdd to Furl


Texas used to be full of ’em

November 20, 2008

Best of Texas features a tribute to Doug Tinker, “Lookout, Ann Richards, Another Texas Giant is Headed Your Way.”

I hadn’t heard the news (did you even bother to tell us, Dallas Morning News?).  If you’re not steeped in Tejaniana — or Texana, if you prefer — you may not have known about Doug Tinker.

He was the sort of guy who was the best of Texas.  Just telling the truth about him sounds like you’re telling a whopper – but it’s so satisfying to be able to tell such stories and know they’re the truth, too.

Best of Texas had a better vantage point than I had from here in the Bathtub — so read the story there (artfully dotted with links so you can check it out if you don’t think a human being could live that large).  And think:  Where would we be without good friends like Best of Texas, to tell the history worth the listening — and more, where would we be without good people like Doug Tinker, to make the history worth the telling?

Sometimes, people tell history so somebody will repeat it.  Then they tip their champagne bottle with the straw in it to the clouds and say, “Take that! George Santayana!”

The Ghost of Santayana laughs, too.

More:


Faith and Freedom speaker series: Barbara Forrest at SMU, November 11

November 10, 2008

Update:  Teachers may sign up to get CEU credits for this event.  Check in at the sign-in desk before the event — certificates will be mailed from SMU later.

It will be one more meeting of scientists that Texas State Board of Education Chairman Dr. Don McLeroy will miss, though he should be there, were he diligent about his public duties.

Dr. Barbara Forrest, one of the world’s foremost experts on “intelligent design” and other creationist attempts to undermine the teaching of evolution, will speak in the Faith and Freedom Speaker Series at Southern Methodist University (SMU) in Dallas.   Her evening presentation will serve as a warning to Texas: “Why Texans Shouldn’t Let Creationists Mess with Science Education.”

Dr. Forrest’s presentation is at 6:00 p.m., in the Hughes-Trigg Student Center in the Hughes-Trigg Theatre, at SMU’s Campus. The Faith and Freedom Speaker Series is sponsored by the Texas Freedom Network’s (TFN) education fund.  Joining TFN are SMU’s Annette Caldwell Simmons School of Education and Human Development, Center for Teaching Excellence, Department of Anthropology, Department of Biological Sciences, and Department of Philosophy.

Hughes-Trigg is at 3140 Dyer Street, on SMU’s campus (maps and directions available here).

Seating is limited for the lecture; TFN urges reservations be made here.

Dr. Forrest being interviewed by PBSs NOVA crew, in 2007.  Southeastern Louisiana University photo.

Dr. Forrest being interviewed by PBS's NOVA crew, in 2007. Southeastern Louisiana University photo.

From TFN:

Dr. Barbara Forrest
is Professor of Philosophy at Southeastern Louisiana University. She is the co-author with Paul R. Gross of Creationism’s Trojan Horse: The Wedge of Intelligent Design (2004; 2007), which details the political and religious aims of the intelligent design creationist movement.  She served as an expert witness in the first legal case involving intelligent design, Kitzmiller et al. v. Dover Area School District. She is a member of the Board of Directors for the National Center for Science Education and Americans United for Separation of Church and State. Widely recognized as a leading expert on intelligent design, she has appeared on Larry King Live, ABC’s Nightline, and numerous other television and radio programs.

Also see:


John McCain: Constitution, yes or no?

August 9, 2008

In Denver, Colorado, John McCain has an opportunity to stand up and defend the First Amendment and the rest of the Constitution. All he needs to do is issue a statement that he disagrees with the prosecution of the peaceful woman — he could do even more asking the prosecutor to drop the charges.

Ed Brayton describes the case at Dispatches From the Culture Wars.

The silence from McCain: Will it grow deafening?

More reading:


New book: Sex Trafficking by Siddarth Kara

July 18, 2008

1.  Siddarth Kara has written an important new book on trafficking in sex:

2.  Columbia University Press’s move into internet, viral videos to sell books is a good idea with decent execution, so far.


“Utah Supreme Court tosses conviction of ‘wedgie’ killer”

July 9, 2008

That’s the real headline from the Salt Lake Tribune.

Wedgie killer?

Reality once again demonstrates that hoaxes can’t keep up. Truth is either stranger than fiction, or just better.

You just can’t make this stuff up:

The Utah Supreme Court today threw out the manslaughter conviction of Erik Kurtis Low, who killed a Park City man after the victim gave him a “wedgie.”

Low, now 40, claimed in his 2005 trial he was defending himself when he shot 38-year-old Michael Jon Hirschey following a night of drinking, drug use and horseplay.

Ah, the old drinking, drug use and horseplay excuse.

The Utah Supreme Court said the trial court erred in instructing the jury on possible sentences, giving the jury too many ways to find the man guilty. The conviction was tossed out. Prosecutors cannot retry on the old charges, but new charges are possible.

Watch that space. Accurate history is always better than the hoax stuff.

Other resources:


Query to historians: Material on German-American Internment in WWII?

June 14, 2008

Historians, help me out: What do you know about the internment of German Americans and Italian Americans during World War II?

The website of the German-American Internee Coalition lists several sources, and it has a lengthy set of lesson plans (too much for use in Texas, I fear). Is this information accurate? Has anyone used it in a classroom, and can you tell us your experience? Is there a mention of this in your world history or U.S. history text?

Please respond in comments.

Gate and guard tower at Fort Lincoln, ND, intern site for German-Americans and othersPhoto: At sunset, the gate and guard tower at Fort Lincoln, North Dakota, where German-Americans and Japanese-Americans were interned during World War II. From the John Christgau Collection of photos; courtesy the site at the German-American Internee Coalition (GAIC).