GOP Threatening Government Shutdown over drilling

31 07 2008

Even though we wouldn’t see the very small benefits of offshore drilling for something like 10 years, apparently the GOP finds handing even more money to the oil companies as such an urgent matter that they’re threatening to shut down the government in September over it.

One of the things Democrats haven’t done well is explain to people just how useless offshore drilling is, but perhaps this threat will finally get them to start doing that.





Obama responds to McCain with an Excellent Ad

31 07 2008

I’m not sure a response ad can get any better than this:





Kaine

31 07 2008

OK, I’m not as up on state politics as I should be living in the state of Virginia, but I’m trying to figure out how Tim Kaine is both a DINO and responsible for hyper-partisanship simultaneously.  How did Kaine both create a super-partisan environment while supposedly bending over to the GOP’s every wish?

Second, most of the things liberal Virginia bloggers seem to be complaining about Kaine are things which were known before he was even elected.  And of course, they’re doing what every good liberal blogger does, which is distort many of their positions to fit their argument (abortion is the real big one that they do that with).

Now, as I stated in my VP rundown yesterday, I don’t think Kaine is the best choice for Vice President, largely because I’m not sure he really brings anything to the ticket of value, other than maybe a small bump in Virginia.  However, I really have to question people who are upset that Kaine is governing as a conservative democrat after running as *gasp!* a conservative democrat.





The Vice Presidential Contenders: the Democratic Side

30 07 2008

Last Week I talked about some of the people on McCain’s Vice Presidential short list, and this week it’s Obama’s turn.

Like I did with McCain, let’s hit the people being thrown around the most for Obama:

Tim Kaine – Tim Kaine is the current governor of Virginia.  The arguments in favor of Kaine include the fact that he’s not a Washington insider, enhansing Obama’s claim that he’s going to try to bring change to Washington.  Kaine was also one of Obama’s earliest supporters and is governor of a key swing state this year – Virginia – a fact which could also influence another swing state: neighboring North Carolina.

There are a few issues with Kaine, however.  Despite having 8+ years of executive experience – he was Mayor of Richmond for 2 years, Lt. Governor under Mark Warner for 4 years, and has been Governor of Virginia for 2 1/2 years – he may also be seen as inexperienced, which would just remind voters of Obama’s own inexperience.  Also, Kaine is a southern Democrat, meaning that the base of the party may not be completely thrilled with him.

Most people tend to think that Kaine is the odds-on favorite for being picked, and there definitely are positives.  But given that the main reason people haven’t switched to Obama yet is the fact that they’re still uncertain of his ability to be President, I’m not sure how wise it would be to pick someone who also doesn’t have much Washington or foreign relations experience as the 2nd man on the ticket.

Evan Bayh – It seems like Evan Bayh is always on the short list to be Vice President.  In a sense there is a good reason why: he has a good mix of (relative) youth and experience, being only 53 years old but already having 8 years of being governor and another 9 years of being senator under his belt already – clearing making experience not an issue.  He was also a Clinton supporter, perhaps making him a “bridge” candidate to her last remaining holdouts.  He also represents Indiana which has turned out to be a swing state so far in this election cycle as well.

The negatives mostly deal with the base of the party.  If the base dislikes Kaine, they really dislike Bayh.  He’s a former head of the DLC and member of the New Democrat Coalition and was an early supporter of the Iraq War and is generally hawkish.

Picking someone like Bayh might reassure people that Obama isn’t just a limp noodle when it comes to foreign policy, but it might give core democrats pause as to what Obama’s real intentions are.  It also raises the question of how compatiable they are given that Obama opposed the war from the start while Bayh supported it from the start.  However, like I said at the start, Bayh might be more of an issue with the base than everyone else, which might make picking him make more political sense.

Joe Biden – Another perrinial VP short list member, Joe Biden has served in the Senate for 35 years, and is the chair of the Foreign Relations Committee.

Biden’s positives is that, like Bayh, he would give Obama serious foreign relations credentials, possibly enough to match even McCain.   Biden is also generally liberal on most issues important to the Democratic Base.  He’s also been a vocal critic of Bush’s management of the war.

The main negative for Biden, at least for the Democratic base, is that he voted for the Iraq War resolution, though he did try to (and failed) to pass a much more stringent one with a clearer requirement that diplomacy should be used first.  Biden is also 66 years old, meaning he would be 74 after two Obama terms, likely leaving Obama with a choice of picking someone else as Veep in 2012 or having no clear successor in 2016.

However, in the end, there appears to be very few negatives and a lot of positives from my point of view in regard to choosing Biden.  The only real negative might be having such a Washington insider might damage Obama’s claim of trying to change Washington, but Biden might have enough of a reputation of being a fighter and a man with ideas to be able to overcome that.

Hillary Clinton – Of course, the obvious bridge choice to Hillary’s supporters would be to choose Hillary herself.  Being a Senator for 7 years and first lady for 8 has to count for something in the experience column as well.

The primary pluses for Hillary is that it’s a unification ticket – it would once and for all signal that all the wounds within the party over the primary are healed.  Hillary has also shown signs of performing better in states like Ohio, Florida, and Missouri than Obama – a boost which Obama could definitely use.

The primary negative is that choosing a VP candidate with the purpose of unifying the party doesn’t seem to be a good reason for picking a VP candidate.  Also, there are little signs that there is very much of a fracture within the party anyway.  Obama is losing about 10% to 12% of Democrats, which is pretty standard in any given eleciton cycle anyway.  One also has to consider whether Obama’s supporters have gotten over the primary and would support Clinton.  And I haven’t even gotten to the fact that Hillary could energize the Republican base and of course there is that whole problem with Bill.

The sense is that Hillary isn’t a very likely choice, and that’s probably a good idea.  Even though she did well in the primary, she isn’t necessarily “owed” anything – at least not to the point of giving her the VP slot – and I’m not even sure Hillary would be happy in the #2 slot anyway.

Kathleen Sebelius – Sebelius might be a best of all worlds kind of candidate.  She’s a woman, which might help pick up some of Hillary’s women supporters who may still be leery of Obama.  She’s an outsider like Kaine, but has more experience, being Governor of Kansas for 6 years come January.  The fact that she’s a two-term governor of a state like Kansas can probably give some conservative-leaning independents and democrats assurances, while having a progressive enough administration to appease the base of the party.

The only thing Sebelius really lacks is national security experience.  Also, some people have feared that picking Sebelius could make Hillary supporters angry as a sign of a lack of respect towards Hillary.  This may be an issue if there was still a large portion of the party who resisted supporting Obama, but that no longer appears to be the case, so I’m not convinced that picking Sebelius would have such an impact.  Sebelius also isn’t young, being 60 years old, making it questionable whether she would be a natural successor to an Obama presidency.

In the end, if age isn’t an issue, there appears to be little reason, other than a concern over national security experience, that should stop the selection of Sebelius.

Other people who have been talked about are Wesley Clark, Sam “I founded the DLC” Nunn, Chuck “You do remember I’m a conservative Republican, right?” Hagel, and Chris Dodd.

To me, the super duper short list should be a choice between Biden and Sebelius.  If Obama wants to shore up his foreign policy credentials, he can go with Biden.  If he wants an outsider, but still have someone with experience, he can go with Sebelius.  Those two shine so far above all the others than I’m not sure if there is a good reason not to go with one of those two.





Darth McCain

29 07 2008

This is brutal:

Sen. John McCain, American war hero and admired political maverick, as well as presumed Republican nominee for president, had a message for Elisabeth Bumiller, the venerated New York Times reporter, along with the rest of the media assigned to travel with him the week of July 20.

“What do you want, you little jerks?” McCain said to Bumiller and those behind her, as the press surged forward on the “Straight Talk” Boeing 737 on July 21.

No one ever accused the Arizona senator of not being blunt. But he had come a long way from the media-friendly, boyishly charming, brazenly honest, free-wheeling McCain that so many in the media had come to love during the 2000 Republican primary. That man was now gone. Vanished.

It’s hard to believe that McCain was championed in 2000 as the man who could bring balance to the Republican Party, not plunge it into further darkness. He had entered the 2008 Republican race as its front-runner, as the man who stood up to George W. Bush and the party’s more extreme elements. In the 2000 campaign, McCain had repudiated Bush’s visit to Bob Jones University in South Carolina and called out the late Jerry Falwell as one of the “agents of intolerance.” He had apologized for not taking a firm stand against the Confederate flag flying high above the South Carolina capitol dome and continued to press for bi-partisan efforts like comprehensive immigration reform, including some path to citizenship for the estimated 12 million illegal immigrants in the United States.

But most of that was before McCain’s apparent slide into the dark side.

There’s a lot more.  Basically it’s a confirmation of McCain’s well known anger problem.

The Hill agrees.

If McCain already thinks he’s getting bad coverage, I’m not sure how he expects to get better coverage by bashing on the press, unless he thinks that they’ll kneel in front of him and kiss is fingers to get back on his good side (which, sadly, wouldn’t shock me).





Buh-Bye Senator Stevens

29 07 2008

I just hope they haven’t had their primaries in Alaska yet:

Senator Ted Stevens indicted on 7 criminal counts related to his holding of public office

Per Reuters breaking news.





Status of the Electoral College: July 29

29 07 2008

Here is the map for July 29th. Notes are below (click map for bigger version):

Methodology

Numbers:

  • Official count: Obama 243, McCain 154, Too Close to Call 141
  • Strong states only: Obama 190, McCain 81
  • Weak states only: McCain 73, Obama 53
  • Count with “leaners”: Obama 294, McCain 244
  • Weeks until the Democratic Convention: 4 weeks
  • Weeks until the Republican Convention: 5 weeks
  • Weeks until Election Day: 14 weeks

All states with change of status:

  • Maine – Weak Obama to Strong Obama
  • Michigan – Weak Obama to Too Close To Call
  • Minnesota – Strong Obama to Weak Obama
  • New Jersey – Weak Obama to Strong Obama
  • Ohio – Weak Obama to Too Close To Call
  • South Carolina – Weak McCain to Strong McCain

All states with new polling this week:

  • California – new poll July 24th
  • Colorado – new polls July 21st, July 14th-22nd, & July 16th-22nd.
  • Florida – new polls July 19th-21st & July 22nd
  • Maine – new poll June 1st-27th (yes, you see that right, the poll is a month old)
  • Michigan – new polls July 13th-15th & July 14th-22nd
  • Minnesota – new polls July 22nd & July 14th-22nd
  • Mississippi – new poll July 21st-23rd
  • New Hampshire – new polls July 19th-21st & July 23rd
  • New Jersey – new poll July 17th-21st
  • New Mexico – new poll July 24th
  • North Dakota – new poll July 21st-23rd
  • Ohio – new poll July 21st
  • Pennsylvania – new poll July 23rd
  • South Carolina – new poll July 22nd-23rd

Also, see the spreadsheet.

This Week’s Notes

This is the first week showing a real drop in Obama’s number.  However, this week was more bad for Obama than it was good for McCain.

The first reason for this is that, despite Obama’s losses (which I’ll get into in a moment), McCain’s numbers have remained essentially static.  Indeed, the only movement within McCain’s official count was South Carolina moving from Weak McCain to Strong McCain.  However, McCain’s total stands unchanged at 154.  Even with the methodological shift, his total has remained largely unchanged since the start of July (his max was 160 and minimum was 151 this month).

Indeed, all the movement has been on Obama’s side this week.  The three biggest shifts were three swing states shifting downward.

First, and perhaps most importantly, is Ohio, which went from Weak Obama to Too Close To Call.  Indeed, it shifted so much that it now sits as a McCain leaner, though only by about the slimmest margin possible (it’s about as close to being tied as one can get without being tied).  This is thanks to a new poll released this week showing McCain 10% ahead in Ohio.  A poll had been conducted the day before showing Obama 8% ahead, but since those were the first new polls in a month, it largely came down to an average between the two, and McCain won.

Second, there is Michigan, which also fell from Weak Obama to Too Close to Call thanks to a total of two polls in the last two weeks showing Obama ahead by 2% and 4% there.  However, Michigan is still a solid lean Obama state (if you can have a solid lean state).

Finally, Minnesota dropped from Strong Obama to Weak Obama, but again sits right on the borderline and is, indeed, Obama’s strongest “Weak” state.

It wasn’t all bad for Obama, however.  A new Maine poll, even though it was a month old, pushed Maine back from Weak Obama to Strong Obama, while a new New Jersey poll did the same thing for that state.

Nevertheless, having a net 29 Electoral Votes drop, with 37 dropping out of your count in one week can be a little disconcerting.  We’ll have to see if this is just the final corrections from Obama’s nomination bounce in those states or whether it is a sign of something bigger.  We’ll probably have to wait a couple weeks to know for sure.

Despite all of this, Obama still remains in good position, leading McCain 243-154 with a record 141 electoral votes in the Too Close To Call category, and an amazing 71 Electoral Votes within 1%.  The count with leaners is Obama 294 to McCain’s 244 which is Obama’s first time under 300 since June 24th (though again, I did switch my methodology since then).  This is also McCain’s highest total since that date.

Looking at the more detailed breakdown, the only real changes were in the Weak Obama category and the Too Close To Call category, with Ohio and Michigan dropping.  Indeed, both McCain categories and the Strong Obama category remained largely unchanged, leaving Obama with a 190 to 81 lead over McCain among strong states.

Historical Graph

Click for bigger version:

Not many data point since my change of methodology, but you can see that, despite Obama’s drop this week, he’s still in good shape over McCain.

Polling Wish List

Finally, my polling wish list for this week is:

  • Delaware (4th week) – Weak Obama, no poll for 152 days
  • Idaho (3rd week) – Strong McCain, no poll for 152 days
  • Indiana (2nd week) – Too Close To Call, no poll for 36 days
  • Montana – Too Close To Call, no polls for 28 days
  • West Virginia (2nd week) – Weak McCain, no poll for 57 days

On Deck: Arizona, Maryland, South Dakota, Texas, Wyoming

States which haven’t had a new poll in over a month:

Alabama, Arizona, DC, Delaware, Hawaii, Idaho, Indiana, Kentucky, Maryland, Nebraska, Oklahoma, Tennessee, Texas, Utah, Vermont, West Virginia, Wyoming.

Sister states

These are states for each candidate where the margin in those states are within 1% of each other and are within 3 total electoral votes or 33% of electoral votes of the smaller state of each other.

  • Colorado (Obama, 9 EVs, +1.3%) and Indiana (McCain, 11 EVs, +0.8%)
  • Colorado (Obama, 9 EVs, +1.3%) and Missouri (McCain, 11 EVs, +1.4%)
  • New Hampshire (Obama, 4 EVs, +3.3%) and North Dakota (McCain, 3 EVs, +2.3%)
  • New Hampshire (Obama, 4 EVs, +3.3%) and South Dakota (McCain, 3 EVs, +4.2%)
  • Michigan (Obama, 17 EVs, +4.2%) and North Carolina (McCain, 15 EVs, +4.1%)
  • Montana (Obama, 3 EVs, +4.8%) and South Dakota (McCain, 3 EVs, +4.2%)
  • Iowa (Obama, 7 EV,s +8.8%) and Mississippi (McCain, 6 EVs, +8.8%)
  • Iowa (Obama, 7 EVs, +8.8%) and West Virginia (McCain, 5 EVs, +8.1%)
  • Delaware (Obama, 3 EVs, +9%) and West Virginia (McCain, 5 EVs, +8.1%)
  • Oregon (Obama, 7 EVs, +8.4%) and West Virginia (McCain, 5 EVs, +8.1%)
  • Oregon (Obama, 7 EVs, +8.4%) and Arizona (McCain, 10 EVs, +9.4%)
  • Oregon (Obama, 7 EVs, +8.4%) and Mississippi (McCain, 6 EVs, +8.8%)
  • Minnesota (Obama, 10 EVs, +9.5%) and Arizona (McCain, 10 EVs, +9.4%)
  • Delaware (Obama, 3 EVs, +9.0) and Mississippi (McCain, 6 EVs, +8.8%)
  • Wisconsin (Obama, 10 EVs, 10.4%) and Arizona (McCain, 10 EVs, +9.4%)
  • Wisconsin (Obama, 10 EVs, 10.4%) and South Carolina (McCain, 8 EVs, +10.9%)
  • Maine (Obama, 4 EVs, +11.1%) and Arkansas (McCain, 6 EVs, +10.5%)

Electoral-vote.com Map

July 29, 2004: Kerry 291 (+39), Bush 237 (-49), Tied 10 (+10)
Changes by election day: Arizona, Iowa, Minnesota (tie) Missouri, Nevada, New Mexico, Tennessee

Today: Obama 292, McCain 195, Tied 51
Total with same EV shift as 2004: McCain 295, Obama 243 (all 51 tied go to McCain)

To see the current status, go to the Status of the Electoral College page.

Cross posted at Daily Kos





USA Today Gallup Poll: 8 times as many Obama supporters than McCain supporters won’t vote

28 07 2008

Or at least that’s one way to look at this new poll.  In it, Obama leads McCain 47% to 44% among registered voters, but trails 49% to 45% among likely voters.  There were 900 respondents in the registered voter poll while only 791 people were included in the likely voter poll.

Setting aside the fact that having nearly 88% of registered voters being likely voters is silly to begin with, let’s dig into these numbers.

In the registered voters poll, Obama wins 47%, or approximately 423, while McCain wins 396 people.  Among likely voters, McCain wins 388, while Obama wins 356 people.  All of these are +/- 4 people, depending on rounding.

So, looking at the average, Obama had 67 people dropped by the likely voter filter (with a range of 75 to 59).  That represents nearly 16% of Obama’s registered voter support.  In the meantime, McCain lost 8 people (with a range of 0 to 16).  That represents 2% of McCain’s registered voter support.

So what USA Today/Gallup is basically saying is that eight times as many Obama voters will stay home than McCain voters, at least based on percentage.  If basing it on actual hard numbers, at best it is 3.6 times, and at worst it could be as high as, well, undefined since McCain potentially lost no one in the likely voter filter.

This shows how utterly stupid (and open to manipulation) likely voter screens are (again, igorning the fact that filtering out only 12% of voters is ridiculous anyway).  Yet, does anyone doubt that the media will flash up the McCain up by 4 graphic up on the screen?

P.S. I have to thank omgitsparishilton at Daily Kos for pointing this out originally.





Yes, PUMAs, Obama is a natural born citizen

28 07 2008

From the site which shall not be named:

Gov. Richardson was born on US Soil and is a US Citizen by Birth under the Immigration and Nationality Act 1952 and the XIVth Amendment to the Constitution of the USA. Unfortunately, under Article 30 of the Mexican Constitution and the Mexican Federal Law of Nationality, Governor Richardson is also a Natural Born Citizen of Mexico. There seems to be no mechanism whereby he could have ceased so to be, and it is my contention that under Article II of the Constitution and all Precedent Law no Dual National is Eligible for President. Governor Richardson probably is Eligible to be President of Mexico but not POTUS!

So now in their quest to claim that Obama is ineligible to be President, they’re going to throw Richardson under the bus. Nice.

So it looks like the PUMA’s initial claim is that you not only have to be a “natural born citizen,” but that you have to be a “natural born citizen” of only the United States. I must have skipped over that part in the Constitution.

But apparently that the same thing might have happened to McCain? No problem:

Senator John McCain was born in the Panama Canal Zone, which was not, according to the State Department, US Territory. He was apparently born either on a US Naval Base, or in any event in the purlieus of one, which was not, according to the State Department, US Territory. According to Panamanian Law he may have been a Citizen of Panama by Birth. Unlike Richardson, or Obama, there is no evidence MCain ever used his Involuntarily Acquired Dual Citizenship, or that he ever, in any way, acted as if he had it. The Panamanian Government never acted as if he did either. Sen. McCain was a Citizen by Birth of the United States under the appropriate US Laws at the time of his Birth and according to a non-Binding Resolution of the US Senate acting under the implied powers of the XXVth Amendment to the Constitution of the USA.

OK, I still think their argument about McCain is still irrelevant, but lets swing with it for the moment. How exactly has either Richardson or Obama “acted as if [they] had” their second citizenship, if they ever formally had it to begin with, since this seems to be their argument as to why McCain is eligible.

Unfortunately, they don’t answer this question, and they push on with another argument of why Obama is ineligible. They quote this policy from the State Department (I’ll link to it since they don’t) saying thus:

The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person’s allegiance.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws

So how does this make Obama supposedly ineligible? They just make up a reason, basically:

This, in plain terms means that a Dual National could not, under any circumstances, be Eligible. Additionally, if Naturalized Citizens are Ineligible because of the Legal principle of “The Appearance of Foreign Allegiance” which they are, and always have been, a former Dual National/Dual Citizen MUST be in exactly the same position vis a vis Article II.

So, since a naturalized citizen can’t become President due to so-called “Appearance of Foreign Allegiance” because they were once a citizen of another country, then, the PUMAs argue, that someone who was born with citizenship to another country (except apparently John McCain) is ineligible for President, even if they are a natural born citizen of the US. This is, of course, notwithstanding the fact that the US Constitution has no such requirement.

On top of this, someone born solely as a naturalized citizen and thus clearly eligible to be President could, theoretically, make themselves ineligible if they become a citizen of another nation (while retaining their US citizenship). This clearly seems to go against the understood meaning of the “natural born citizen” clause.

In short, the PUMAs are arguing that, not only do you have to be a natural born citizen, but you must have been a US citizen and ONLY a US citizen for your entire life. Your parents got divorced, and you moved with your mother moved to another nation when you were little where she got married, transferring that nation’s citizenship to herself and you? Touch luck kid, you can no longer become President.

That example right there shows the silliness of their argument and again, goes against the clear meaning of the Constitution, especially since a minor cannot lose their US citizenship, period.

And to boot, they claim that it is Obama’s fault, since he has “covered up” his childhood. So how exactly is it Obama’s fault if he is ineligible to be President if he was born with dual citizenship (something which has never even been confirmed). And I’m still trying to figure out how McCain is eligible if he was born with Panama dual-citizenship (also something not shown to be true) but Obama isn’t eligible if he was born with Kenyan dual-citizenship (or Richardson with Mexican dual-citizenship).

In any case, let’s go back to this matter of “Appearance of Foreign Allegiance.” The PUMAs make the obvious statement that location alone doesn’t determine whether one is a natural born citizen:

The United States Naturalization Act of March 26, 1790, 1 Stat. 103, 104, which was written, partly, to clarify Article II says this, “the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens”. The Framers were clear that you did not have to be born in the USA, or in a State; you could be born anywhere.

This is a fact that pretty much everyone already knows. However, they then make a startling claim: the being born on US soil does not automatically make you a natural-born citizen. Because, they argue, citizenship is based on loyalty, not location:

No, the Framers were talking about Allegiance, Loyalty. The POTUS had to have only ONE Allegiance.

They attempt to use the case United States vs. Rhodes (can’t find a full opinion) to argue, well, something. Rhodes said this:

All persons born in the Allegiance of the King are Natural- Born subjects, and all persons born in the Allegiance of the United States are Natural-Born Citizens. Birth and Allegiance go together. Such is the Rule of the Common Law, and it is the Common Law of this Country…since as before the Revolution.

They then go on to claim that Rhodes means that, under the constitution, one can only hold one true citizenship. Unfortunately for the PUMAs, if this is the case, it appears that United States vs. Wong Kim Ark answered that question of “what country are you a citizen of” as “where you were born”:

It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.

The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established.

Do you see that? Based on English common law, which is what the PUMAs are trying to rely on, if you are born within the territory of a nation (in this case, the United States), you are a natural born citizen of that nation.

In any case, the PUMAs attempt to argue (try to stay with me here) that since allegiance determines citizenship, and Obama theoretically had dual-citizenship, and thus conflicting allegiances, and since naturalized citizens can’t become President because of a conflict of allegiance, then someone with dual-citizenship cannot be President for the same reason.

There are several serious problems with this:

1) The PUMAs argue that naturalized citizens were excluded as a check against undue foreign influence in the national government, based on a quote from John Jay. This appears to be a reasonable argument, but it does little to help the PUMA’s cause because it does nothing to clarify what a natural born citizen is. The reasons behind why naturalized citizens weren’t included appear to be largely irrelevant. The question – the only question – is was Obama a natural born citizen at birth, period.

2) The PUMAs try to argue that the meaning of the Constitution cannot be changed through legislation, therefore whatever the meaning of “natural born citizen” that existed at the adoption of the Constitution is the meaning we must use.

Here is the problem, however. Let’s say I agree with them, that we must use the definition of a natural born citizen as it existed back at the adoption of the Constitution. If we do this, then Obama is a natural born citizen per United States vs. Wong Kim Ark due to the fact that he was born within the territory of the United States. The case is quite clear about this: if you are born on US soil, you are a natural-born citizen.

If I disagree with them and say that that, while Congress cannot change the requirement that a natural born citizen must be President, Congress can change the definition of what constitutes a natural born citizen, then their entire argument collapses.

What they’re trying to do is mix both: they’re trying to use today’s definition of natural born citizen and the 18th century definition of natural born citizen simultaneously, using the parts of each which advance their argument that Obama is ineligible.

However, they can’t do that. They either have to agree that we use the 18th century definition where natural-bornness is determined by “allegiance” which is determined where you are born, thus making Obama natural born citizen, or you use the more contemporary definition where “allegiance” doesn’t necessarily come into the equation…but you’re still a natural born citizen if you’re born in the United States, so Obama is still a citizen.

3) They try to argue that McCain is exempt since his father was a citizen, then McCain became a natural-born citizen at birth, even though they were abroad. This seems to be an obvious assumption, though why this is so, while the clear reading that if you born within the territory of the US then you are a natural born citizenship doesn’t make Obama automatically eligible, I don’t now.

However, it seems ironic that they are trying to argue that someone born in a foreign country born of US parents is always automatically a citizen, regardless of the laws of the nation they reside in, but someone born on US soil isn’t necessarily a natural-born citizen due to the laws of the nation or nations of that person’s parents, despite what the court decisions cited above clearly state.

4) They go on to say that any Panama citizenship McCain might have had was “washed away” when he joined the US Navy, thus making him clearly a natural-born citizen. However, Obama still isn’t a natural-born citizen, even if he renounces all but his US citizenship, if he is a citizen of any other nation to begin with, because one can never have been a citizen of another nation, but apparently that doesn’t matter for McCain if McCain ever was also a dual-citizen of Panama. Funny how that works.

The problem the PUMAs have, is that there have always been two, and only two, understood definitions of US citizenship: You are either a “natural born citizen,” and thus eligible to be President, or you are a “naturalized citizen” and thus ineligible.

Therefore the PUMAs are attempting to do one of two things:
a) they’re either trying to create a third designation – something somewhere in between natural-born and naturalized where you are born in the United States, but only have the rights of a naturalized citizen, or

b) they’re trying to argue that Obama, due to being a dual-citizen, is in effect a naturalized citizen.

The second argument appears to be the tact they are taking, even though Supreme Court precedence clearly shows that if you are born on US soil you are a natural-born citizen. Despite what the PUMAs would like, all this other allegiance crap is irrelevant. You are either a natural-born citizen or you aren’t, and it clear that Obama is by virtue of being born on US soil.

5) They then make this patently absurd argument:

If a Dual National, or former Dual National, is allowed to stand for the Office of POTUS, or be Elected to that Office, any Naturalized Citizen could take a case before the Supreme Court and correctly argue that under the Equal Protection Clause of the XIVth Amendment they are allowed to stand, Article II notwithstanding!

This is ridiculous beyond belief. First off, equal protection shouldn’t have any impact on the natural-born citizen clause. You either are a natural-born citizen or you aren’t, and it’s clear what the Constitution says: only natural-born citizens may be President.
If you argue otherwise, then can you start to argue that equal protection should overturn, say, the age requirements for office, if you could argue that someone “who doesn’t act like a 35 year old” became President?

Clearly not, because maturity, knowledge, and experience ultimately has no bearing on whether you can become President or not, even though that is the goal of having the 35 year old age minimum. The age limit is the age limit, regardless of what the founding fathers were hoping to accomplish with it and whether a President actually matches up with those expectations.

The same is true with being a natural-born citizen. The goal is to minimize or eliminate any possible foreign influence on the Presidency. However, the fact that such an influence may theoretically exist or have existed in the past doesn’t nullify the fact that a person is still a natural-born citizen, eligible to be President.





McCain, Nuremberg, and habeas corpus

25 07 2008

Some people are saying that what McCain said here:

is a McCain flip-flop on a Nuremberg-Style trial for bin laden because he criticized Obama when he brought up the idea before.

I don’t think it was really a flip-flop because McCain was attacking Obama’s inconsistency (in McCain’s opinion) and not necessarily the Nuremberg idea itself:

Senator Obama refuses to clarify whether he believes habeas should be granted to Osama bin Laden, and instead cites the precedent of the Nuremburg war trials. Unfortunately, it is clear Senator Obama does not understand what happened at the Nuremburg trials and what procedures were followed. There was no habeas at Nuremburg and there should be no habeas for Osama bin Laden. Senator Obama cannot have it both ways. In one breath he endorses habeas for terrorists like 9/11 mastermind Khalid Sheikh Mohammed and in the next he denies its logical conclusion of habeas for Osama bin Laden.

There are several problems with this, however:

  1. Habeas Corpus is a writ to challenge your detention. Habeas corpus is a necessary writ to prevent a government from arresting and holding people without recourse.  Unless the government is holding people without evidence (obviously not the case in bin laden’s case), then resolving any habeas challenge should be routine.
  2. The Nuremberg trials were created pursuant to the terms of Germany’s unconditional surrender at the end of the war in Europe.  As a result, it is a rather special animal that can’t really compared to anything today, at least if one is going get down to the specifics.  It’s not that the war criminals tried at Nuremberg were never offered habeas corpus rights, it’s that those rights were surrendered upon the unconditional surrender of Germany and the consent of the Germans to having war crimes tried in an interenational tribunal.
  3. Obama was likely referencing Nuremberg to give an example of an international tribunal, not to suggest a specific set of rules and procedures for such a tribunal.

Obviously the terrorists haven’t consented to being tried by us or anything of that nature, so they still hold their habeas rights as long as we don’t treat them as prisoners of war.  It is likely that if we capture bin laden alive and wish to try him in such an international tribunal, we would dot our i’s and cross our t’s so ensure that we have proper legal authority to try him in such a manner, in which case if bin laden chooses to invoke his habeus right, it should be dealt with and dismissed in a pretty routine manner.

One should also note that, if bin laden is captured, he may very well be held in US custody, but not on US soil (like most other detainees in Guantanimo) and thus isn’t immediately subject to US Constitutional jurisdiction (like those being held in Guantanimo).