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The Barnes Brief: July 12, 2024
July 12, 2024
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Schedule

  • SkyNews
    ·     
  • Sheperdess Interview
  • Sunday at 6 pm eastern: Law for the People w/ Viva
  • LIVE from RNC Monday to Wednesday

Book Recommendation: Some Honorable Men: Political Conventions, 1960-1972 https://www.goodreads.com/book/show/374106.Some_Honorable_Men

Closing Argument: Who Are the 2024 Swing Voters?

Introduction: Top 10 Headlines of the Week

  1. Biden coup
  2. Biden won’t go
  3. Pew poll
  4. Trump VP
  5. Baldwin trial explodes
  6. Smart meter mandates
  7. RNC platform dissent
  8. Garland contempt fails
  9. Economy woes
  10. Price concerns               

*Bonus: Croc invasion.

Wisdom of the Day: “But generally, center-left liberals who are doing very well, and center-right conservatives who are doing very well, have an incredible blind spot about how much their success is built on a system that is not serving people who they should be serving.” J.D. Vance.

The Evidence: Top Ten Articles Curated from The Barnes Library

  1. RNC Platform. https://www.presidency.ucsb.edu/documents/2024-republican-party-platform
  2. Project 2025. https://static.project2025.org/2025_MandateForLeadership_FULL.pdf
  3. The other side of Project 2025. https://www.mtracey.net/p/project-2025-is-just-project-1981
  4. 10.7 Failure. https://www.firstpost.com/world/israel-hamas-october-7-attack-kibbutz-beeri-military-army-failure-investigation-report-13792473.html
  5. Using climate change to deny us our food. https://www.msn.com/en-us/money/other/the-golden-age-of-the-supermarket-is-ending/ar-BB1pOS77
  6. Illegals voting. https://amac.us/newsline/society/house-passes-save-act-bill-to-stop-illegal-aliens-from-voting-and-safeguard-elections/
  7. Gabbard for VP? https://quoththeraven.substack.com/p/vice-president-tulsi-gabbard
  8. VP Vance? https://www.nytimes.com/2024/06/13/opinion/jd-vance-interview.html
  9. Echo chamber campuses. https://www.cnn.com/2024/07/11/opinions/campus-protest-college-liberals-culture-wars-mit-harvard-pachipala-yu/index.html
  10. Sex abuse coverup. https://www.realclearinvestigations.com/articles/2024/07/10/forbidden_fruit_and_the_classroom_the_huge_american_sex-abuse_scandal_that_educators_scandalously_hush_up_1042969.html

*Bonus: Famous convention speeches. https://www.politico.com/news/magazine/2020/08/14/conventions-history-394912

Homework: Top Dozen Cases TBD on Sunday Show

I.              SCOTUS: Petition on property seizures. https://www.supremecourt.gov/DocketPDF/23/23-1050/303556/20240320160851418_44671%20pdf%20Raiola%20br.pdf

II.           SCOTUS: Petition on religious schools. https://www.supremecourt.gov/DocketPDF/23/23-1084/306757/20240404142130650_Hile%20v%20State%20of%20Michigan%20-%20Cert%20Petition%20and%20Appendix.pdf

III.        Athletes as employees. https://www2.ca3.uscourts.gov/opinarch/221223p.pdf

IV.         The 13th juror. https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20%20M2021-01350-SC-R11-CV.pdf

V.           Recount limits in Michigan. https://www.democracydocket.com/news-alerts/michigan-passes-laws-restricting-election-recounts-for-fraud-allegations-and-wide-margin-victories/

VI.         Court secrecy. https://www.pacourts.us/assets/opinions/superior/out/J-S99001-23o.pdf

VII.      Recording as speech. https://www.law.georgetown.edu/georgetown-law-journal/wp-content/uploads/sites/26/2019/11/Recording-as-Heckling.pdf

VIII.   Pennsylvania bans on court recording. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2019/09/Wittman-Motion-to-Quash.pdf

IX.        Tweets as speech. https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2021/05/ECF-19_Pls.-Br.-in-Oppn-to-MTD.pdf

X.           Negligent hiring. https://www.courthousenews.com/wp-content/uploads/2024/07/MN-Negligent-Selection-Tort-Order.pdf

XI.        Legal limits on Biden $. https://www.wsj.com/articles/biden-has-100-million-reasons-to-stay-in-election-finance-d8a2dfdf?mod=opinion_lead_pos5

XII.      Legal limits on Biden ballot access. https://x.com/OversightPR/status/1805239354505257196

 

Closing Argument:  The 2024 Swing Voters

As the Convention approaches, the KYA of American politics – Know Your Audience – comes central. The VP pick, the convention speeches, and viral moments from the convention shape the core narrative to the voter groups deciding the election. The “swing voters” are voters who are undecided on whether to vote and whom to vote for. Who are these voters?

1776 Law Center commissioned a survey to uncover who these voters are. One-in-5 voters are uncommitted to any Presidential candidate and admitted they are considering multiple options, including whether to vote for Trump or Biden or Kennedy. Of note, half the country excluded voting for each of the candidates; about 40% committed to voting for Trump; about 40% committed to voting for Biden; 5% committed to voting for Kennedy. Half the country said they are considering voting for Trump, Biden or Kennedy. Who are the 20% uncommitted?

First, the swing voter is a self-described independent who does not lean toward either party and tends to describe their ideology as “none of the above” or “moderate.”  They disproportionately admit they have skipped voting in past elections and voting for third party or independent candidates for office.

Second, the 2024 swing voter tends more than the general voting electorate to be an ethnic minority, a younger GenX, millennial or zoomer generation, and as likely to be urban as suburban, with a slight favoritism toward being separated and having young children.

Third, the 2024 swing voter tends to be religious or spiritual, but not church-going, with a secular approach to public life but a traditional view on matters of private morals.

Fourth, the 2024 swing voter tends to not have a post-college degree or a college degree from a prestigious institution, self-identifies more as working-class than middle class, and expresses economic stress at current economic conditions and future prospects.

Fifth, the 2024 swing voter experienced above average rates of social and physical harm from the Covid19 vaccine, with half reporting someone very close to them suffering a serious or severe harm from the vaccine or discrimination from vaccine mandates.

Sixth, the 2024 swing voter expresses great skepticism toward big business, government bureaucrats, the expert class as a whole, lawyers and scientists, the press and politicians. They disproportionately obtain their information about politics from independent media platformed by social media means.

What motivates these voters? These voters listed the issues “more likely” to impact their vote as:

  • the right to buy food directly from a farmer without government permission (73% of swing voters as opposed to 53% of other voters);
  • the power to hold drug companies responsible for the vaccines (76% of swing voters versus 63% of other voters);
  • the ability to stop censorship online (64% of swing voters versus 54% of other voters);
  • the right to buy and hold bitcoin without regulation or taxation (50% of swing voters versus 30% of other voters); and
  • stopping funding the war in Ukraine (55% of swing voters versus 30% of other voters).

The 2024 swing voter mirrors the populist proclivities of past swing voter constituencies with the issues shifting to those issues impacting their day-to-day life – economic opportunity without discrimination based on medical choices; remedy for the harm from bad products; access to good food from the producer of that food; access to financial self-improvement outside central bank control; and funds for projects at home rather than wars abroad.

The party and candidate that targets this swing voter best in 2024 enjoys the best chance to win election in 2024.

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The Barnes Brief: Friday, August 23, 2024

Schedule: Past & Prospective

Book Recommendation: My co-favorite book as a kid. https://www.goodreads.com/book/show/1976848.To_Seek_a_Newer_World

Art of the Day: The kaleidoscope of colliding colors in this Hindu temple so expressive that locals believe its waters inside heal chronic illness. The celebratory style of the temple manifests in more than its yoga style elephants and happy bellies, but best felt in the brilliance and brightness of its colors. Feeling more like a circus of joy than the more austere architecture of a later age. Indeed, it hard to look at this, and not smile, and in that, it reflects the divinity of the art’s center of attention, a healing power of its own.

Wisdom of the Day: “Only those who dare to fail greatly can achieve greatly.” Robert Kennedy.

Introduction: Top 10 Headlines of the Week

  1. Fed reverses
  2. DNC ends with a whisper
  3. Beyonce no-show
  4. Behind the DNC curtains
  5. DNC shenanigans lead RFK to consider Trump
  6. Something that never happens to Amos Miller: food recalls
  7. Literally cremating the evidence
  8. Gabbard spying inquiry
  9. Rising global risk
  10. Housing problems  

*Bonus: Aliens?

The Evidence: Top Twenty Articles from The Barnes Library

  1. DNC Bore. https://www.zerohedge.com/political/protests-pandering-past-presidents-no-policies-summing-2024-dnc-2-words-not-trump
  2. DNC fails to reach working class. https://www.liberalpatriot.com/p/democrats-are-super-happy-working
  3. RFK impact. https://justthenews.com/politics-policy/frihow-rfk-jrs-campaign-could-end-and-who-benefits
  4. The Washington exemplar. https://www.realclearpolling.com/stories/analysis/the-washington-primary-points-toward-another-nailbiter
  5. DC: the mafia of the mentally ill & morally corrupt. https://kunstler.com/clusterfuck-nation/end-of-hoaxes/
  6. Harris’ unconstitutional tax plan. https://www.heritage.org/taxes/commentary/another-unconstitutional-wealth-tax
  7. Ukranian insanity. https://korybko.substack.com/p/kievs-plan-to-ban-the-ukrainian-orthodox
  8. Global inflation. https://www.cfr.org/tracker/global-inflation-tracker
  9. Supply shock, price shock.
  10. Lockdown inflation. https://www.piie.com/blogs/realtime-economics/2024/supply-shocks-were-most-important-source-inflation-2021-23-raising

*Bonus: Alien life. https://lweb.cfa.harvard.edu/~loeb/Interstellar_Expedition.pdf

 

Homework: Cases TBD on Sunday

  1. Trump New York. https://media.aflegal.org/wp-content/uploads/2024/08/22164831/Filed-Motion-and-Brief-Combined.pdf
  2. Kennedy censorship case proceeds.
  3. https://storage.courtlistener.com/recap/gov.uscourts.lawd.198699/gov.uscourts.lawd.198699.56.0.pdf
  4. Elections at SCOTUS. https://www.supremecourt.gov/DocketPDF/24/24A164/322427/20240814124312919_24A164%20Amicus%20Brief.pdf
  5. Alaska elections. https://www.democracydocket.com/wp-content/uploads/2024/04/2024-08-22-Order.pdf
  6. Vaccine coercion. https://www.vermontjudiciary.org/sites/default/files/documents/op23-237.pdf
  7. Amazon antitrust. https://www.dccourts.gov/sites/default/files/2024-08/DC%20v.%20Amazon%2022-CV-657.pdf
  8. Twitter v. Jack Smith. https://www.supremecourt.gov/DocketPDF/23/23-1264/311993/20240530144316325_23-xxxx%20-%20X%20Corp.%20v.%20United%20States%20-%20cert.%20petition.pdf
  9. IBM Employment. https://media.aflegal.org/wp-content/uploads/2024/08/20173246/ECF001_Dill-v.-IBM_Complaint.pdf
  10. DEI Insurance. https://media.aflegal.org/wp-content/uploads/2024/08/20100458/download-2.pdf
  11. Machine gun dismissal. https://www.documentcloud.org/documents/25060041-ruling-in-machine-gun-case
  12. Baby food autism. https://www.ca5.uscourts.gov/opinions/pub/23/23-40197-CV0.pdf

Closing Argument: RFK Effect

  • If RFK drops out, the effect is three-fold: first, RFK’s voters other choices in the election; second, messaging impact on the campaigns; and third, down-ballot impact of turnout impacted thereby.
  • My analysis if RFK stays in as follows on the 2024 Presidential vote:

                                 Trump 75 million

                                 Harris 72 million

                                 Kennedy 6 million

                                Other 2 million

  • My analysis if RFK drops out and either supports Trump, attacks Harris and/or Trump takes up issues important to RFK voters.

                               Trump 78 million

                               Harris 73 million

                               Other 2 million

  • The electoral impact moves Arizona, Nevada and Pennsylvania into Trump likely states, and moves New Mexico, Maine and Minnesota into tossups. The down-ballot effect moves the Senate into 85% chance of going Republican and the same with the House, as the drop-out voters were those leaning heavily Democratic down-ballot.
  • The key for Trump to capitalize on RFK dropping out is to target RFK voters on issues of importance to them. We polled this precise set of questions for 1776 Law Center in the summer. A recap may be helpful.
  • 29% of voters told us there were seriously considering voting for Kennedy for President. Amongst voters under 40, this number rose to 40%. Amongst black voters, this rose to 35% and amongst Hispanic voters, this rose to 40%. Amongst true Independents (no lean toward either party), this number rose to 36%. Amongst those who scored high on populism, this rose to 39%. Amongst high school voters, this rose to 35%. Amongst students, this rose to 39%. Amongst union members, this rose to 38%. Amongst parents with school-age kids, this rose to 37%. Amongst urban voters, this rose to 37%. Amongst New England voters, this rose to 36%. Amongst likely, but not certain, to vote, this rose to 40%. Amongst voters that skipped recent elections or were new voters, this rose to 42%. Of note, of those prior voters considering Kennedy, more voted for Biden than Trump.
  • We dug down into what issues drove these Kennedy-considering voters. Two of the top issues were Medical Freedom, Food Freedom and opposition to foreign war. They reported the highest rates of voters who believed “Americans should be allowed to buy food directly from farmers without getting government permission” and considered corporate-produced processed industrialized, commercialized, monopolized food laced with chemicals and made like Soylent Green to be deeply unhealthy and undesired compared to their favorite local farmers market and neighborhood food vendor. They also reported the highest rate of voters who believed “Drug companies should not be immune from suit if their vaccines cause injury” because they also reported the highest rates of discrimination, disability and death to they or their loved ones from the Covid19 vaccine. They also reported deep levels of dissatisfaction with the current conditions of the economy and their own prospects in it. Lastly, they strongly opposed funding foreign wars like Ukraine with American tax dollars.
  • RFK dropping out would free these voters to back Trump, but their Democratic ancestry and GOP skepticism mean it is up to Trump to persuade them why they should embrace his candidacy. For that, the easiest ticket is to embrace the two biggest issues of distinct impact for them: restore the family farmer to the heart of the American food supply and remedy the vaccine discrimination and disabilities with real reform of our Big Pharma protection racket laws. Food freedom and medical freedom are the ticket to a Trump 2024 election outside the margin of fraud.
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The Barnes Brief: Friday, August 16, 2024

Schedule: Past & Prospective

Closing Argument: Economic Tea Leaves

Book Recommendation: The Saga of Uncle Earl https://www.goodreads.com/book/show/1150991.Earl_K_Long

Art of the Day: Fascinated with art and photography capturing water, bridges, windows, and doors, as expressing the possibility of life, the paths yet to pursue, the mysteries to be uncovered and the truths to be discovered, Monet’s water lilies and Japanese bridges always drew me in. A favorite museum of mine – like Frida’s house in Mexico City and Rodin’s in Paris – Monet’s in the French countryside attracted to visit the nearby lily pond he made famous and stand on that same bridge he spent so much time making immemorial. A place to get lost in thought as the archives of nature invite us into that window into our own soul, explore the water of the spirit, walk through that door into our inner world, bridging the nature around us to the soul inside, and it’s shared architect.

Wisdom of the Day: "The time is always right to do what is right." Earl Long. 

Introduction: Top 10 Headlines of the Week

  1. Trump team
  2. Housing woes
  3. Horrid current economy conditions
  4. Harris new plan
  5. Disney abuse
  6. Ukraine invades
  7. Perry death arrests
  8. Massive hack
  9. Biden crime admissions
  10. DNC tries to stop RFK on ballot

The Evidence: Top Ten Articles from The Barnes Library

  1. The promise of JD
  2. CRE troubles
  3. War on small business
  4. Price control debate
  5. Price control advocates
  6. Price control skepticism
  7. Price control criticism
  8. Price control doubts
  9. Price control queues
  10. Price control efficacy & equity

*Bonus: Aesthetic revolution

Homework: Cases TBD on Sunday

  1. Voter registration lawsuit https://mcusercontent.com/08cb3e52aa1308600f84d49ea/files/8827e8ea-0eb8-123c-23b9-5d39b2e8c0e4/1_2024_08_13_Complaint.pdf
  2. UAW charges Trump for Musk interview https://www.reuters.com/world/us/uaw-files-labor-charges-against-trump-musk-2024-08-13/
  3. EU threatens Musk https://x.com/lindayaX/status/1823052643733823640
  4. Pepsi class action https://www.courthousenews.com/wp-content/uploads/2024/08/ian-mccausland-v-pepsico-ruling-mtd.pdf
  5. Fourth Amendment victory https://www.ca5.uscourts.gov/opinions/pub/23/23-60321-CR0.pdf
  6. Scott Peterson innocence claim https://www.courthousenews.com/scott-peterson-makes-bid-to-clear-his-name-by-dna-testing-evidence-from-pregnant-wifes-murder/
  7. AI fake nudes https://www.courthousenews.com/wp-content/uploads/2024/08/nudify-websites-lawsuit.pdf
  8. Big Tech battle https://cdn.ca9.uscourts.gov/datastore/opinions/2024/08/16/23-2969.pdf
  9. Facebook censorship https://cdn.ca9.uscourts.gov/datastore/opinions/2024/08/09/21-16210.pdf
  10. Bank seizure https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111094414.pdf
  11. Legality of price controls https://scholarship.law.duke.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2373&context=dlj
  12. Tik Tok ban https://sf16-va.tiktokcdn.com/obj/eden-va2/hkluhazhjeh7jr/2024.06.20%20-%20TT%20v.%20Garland%20-%20%5B2060743%5D%20Brief%20of%20Petitioners%20TikTok%20Inc%20and%20ByteDance%20Ltd.pdf

*Bonus: Arbitration abuse, ex. Disney

Closing Argument: Economic Tea Leaves

  • The Boston Tea Party manifested a political revolution rooted in an economic revolt. The economic tea leaves ever since signaled political change. 2024 tells a very interesting tale in the tea leaves of the economy.
  • Since its inception in the 1950’s, the University of Michigan’s consumer sentiment studies only dipped below 70 for extended time periods in the run-up to the 1980, 1992 and 2008 Presidential elections. In all three cases, the incumbent party lost the electoral college by 100+ vote landslides.
  • The current confidence index continues to trail in the sub-70s in the run-up to 2024. Amongst the working class, the current sub-60s confidence index only matches 2008 and 1980, two elections that didn’t end up competitive at any level come election day. The working-class negativity over the current economic conditions in the past year set a record low since the inception of the survey. Gallup’s aggregate economic confidence index follows the same path, with the lowest levels recorded since the Global Financial Crisis of 2008 and the recession of 1992.
  • A related concern focuses on the physical manifestation of the American dream: the family homestead. American’s confidence in their ability to buy a home currently sits at the lowest level ever in the history of the survey. Of note, similar data mirrors in American’s confidence to buy a car or significant household items.
  • This translates into other tangible ways beyond skipping vacations, meals out, a family night at the movies, that special gift on that special occasion, or a personal item of special interest – skipping meals and skipping medical appointments. A majority of working-class Americans report skipping on meals and medicine, as well as utilities like hot water, heat or air conditioning, in the last six months due to the inability of their income to keep with the cost of living in essential goods and services.
  • This is often compounded by a diminishing sense of security in their ability to retire, savings for emergencies, and rising debt levels, often borrowing from friends and family, loan sharks and payday lenders, high interest credit cards or high interest vehicle or furnishing providers. For younger Americans outside the affluent classes, this took on a double whammy as eviction delays ended, student loans came due, and stimulation checks disappeared.
  • This economic perception reflects their economic reality: food prices spiked 25% since Biden’s election, housing prices doubled in many markets, gas prices jumped 50%, and utility costs fled up, while access to credit shrunk, small businesses struggled and real wages and incomes fell. It’s a recipe no incumbent party has ever survived. Those that ignore it usually get their tea tossed. 
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The Barnes Brief: Week of August 9, 2024

Appearances & Schedule

Art of the Day: The Bookstore: a vanishing place from the American landscape. Once a place of discovery for the curious knowledge seeker, now the few that exist often a habitue of would-be Marxists from their utopian college days drawing a state paycheck. But it’s present incarnation cannot erase the fondness of the memories I share there: holed up in a corner, a stack of a dozen books next to the chair to sit and soak up little bits of information and imagination off the written page as a day well spent (even better because I often couldn’t afford in my youth to actually buy any of the books). Uncovering and discovering new worlds either in unexplored fields of study or unknown worlds of the author’s imagination, and, in the process, learning the art of language itself as expressed in ink on the page. Bookstores in foreign nations tell their own tales, like the French love of psychology (as their books told the psychology of everything) or the Anglophile home in Paris as Shakespeare’s living library in the bookstore this photo reminds me most of. The Bookstore: a place held fondly in my mind’s eye that is never lost or too far away.

Book Recommendation: The Emerging Populist Majority https://www.goodreads.com/book/show/198466907-the-emerging-populist-majority

Closing Argument: Birthright Citizenship Debate – Is Harris Eligible?

Introduction: Top 10 Headlines of the Week

  1. Trouble in the markets
  2. Commercial real estate problems
  3. Harris Walzes to controversy
  4. Smartmatic indictment
  5. Musk Rumble win early against advertising boycott
  6. Ukraine escalation
  7. Ritter raided
  8. Gabbard on watchlist
  9. Trump crypto platform
  10. Rogan likes RFK

*Bonus: Healing power of classical music

Wisdom of the Day: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” United States Constitution, Amendment XIV.

The Evidence: Top Ten Articles Curated from The Barnes Library

  1. Election integrity in 2024. https://www.americanthinker.com/articles/2024/08/election_integrity_in_swing_states.html
  2. Harris moderate pitch pitfalls. https://www.liberalpatriot.com/p/the-democrats-half-hearted-move-to
  3. Walz stolen valor. https://thefederalist.com/2024/08/09/tim-walz-misrepresented-his-military-service-he-needs-to-answer-some-questions/
  4. The Cat Lady campaign. https://www.realclearpolitics.com/articles/2024/08/09/democrats_try_to_make_2024_the_cat_lady_election_151423.html
  5. Jewish doubt of Democrats. https://unherd.com/2024/08/jews-for-kamala-are-living-in-denial/
  6. The real alien conspiracy. https://www.americanthinker.com/articles/2024/08/conspiracy_theories.html
  7. Hollywood troubles. https://www.axios.com/2024/08/09/cable-tv-business-paramount-warner-bros-losses
  8. Google breakup coming. https://www.newsweek.com/what-branding-google-monopoly-really-means-us-opinion-1935380
  9. 4-day school week not working. https://www.realclearinvestigations.com/articles/2024/07/16/the_4-day_school_week_its_a_trend_across_america__despite_questionable_results_1044894.html
  10. UBI fails. https://realinvestmentadvice.com/ubi-tried-tested-and-failed-as-expected/

*Bonus: Kids rescued.

Homework: Top Dozen Cases TBD on Sunday Show

I.              Rumble anti-trust suit against advertising boycott.https://storage.courtlistener.com/recap/gov.uscourts.txnd.393019/gov.uscourts.txnd.393019.1.0.pdf

II.           Google antitrust win https://www.texasattorneygeneral.gov/sites/default/files/images/press/Google%20Search%20Engine%20Monopoly%20Ruling.pdf

III.        Ritter raid & Gabbard watchlist

IV.         Walz Stolen Valor https://casetext.com/case/united-states-v-alvarez

V.           Trump: DC & NY case

VI.         J6 defendants released

VII.      Ripple win

VIII.   Navy Seals win vaccine lawsuit

IX.        UK Censors Threaten Americans

X.           Amos Miller Hearing

XI.         1stA Campaign finance laws https://www.courthousenews.com/wp-content/uploads/2024/08/seventh-circuit-indiana-superPAC-financing-ruling.pdf

XII.      Kennedy NY ballot case

*Bonus: Rekieta win

**Bonus: Yale Covid tuition.

*** Jury discrimination.

Closing Argument: Is Harris Eligible?

  • A debate rages over birthright citizenship takes a particular turn when it concerns Kamala Harris, as someone born in the United States to foreign-born parents who were not citizens. The birthright citizenship debate took on greater significance in light of the immigration issues over the last decade. Let’s examine the two sides of the debate. As always, we should start with the text itself.
  • “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” United States Constitution, Amendment XIV.
  • “No person except a natural born Citizen…shall be eligible to the Office of President.” United States Constitution, Article II, Section 1, Clause 5.
  • The debate turns on the phrase “subject to the jurisdiction thereof.” For some, a person born here is subject to the jurisdiction thereof unless exempted or excluded for some unique reason – e.g., the children of diplomats born here while the diplomats are no duty; the children of Indian tribes not subject to separate sovereignty; the children of enemy soldiers present in the land; and the like. For others, a person born here is only subject to the jurisdiction thereof if a parent is also subject to the jurisdiction thereof – e.g., a citizen.
  • Let’s look next at the contemporary legislative history. At the time of the 14thAmendment, Congress also passed the Civil Rights Act of 1866 using nearly identical language, chose the phrase “not subject to any foreign power” as a substitute for “subject to the jurisdiction thereof.” Under this analysis, critics urge that a child born here of non-citizen parents is subject to the jurisdiction of a foreign power, and thus “not subject to the jurisdiction” of the United States.
  • This requires turning to the broader philosophical issue: power of the state that arises from land and power of the state that arises from people. Critics urge that territorial jurisdiction is not the equal to “political jurisdiction” and thus read the “subject to the jurisdiction thereof” phrase to mean exclusively political jurisdiction not territorial jurisdiction. This, in turn, requires some philosophical understanding of principles of jurisdiction.
  • Territorial jurisdiction holds that a state enjoys power over people and activities due to the location of those people and activities. It is useful to remember citizenship is a two-way street: it gives rights to the individual and it also imposes burdens on the individual due the state. Most criminal law still predicates and premises its power on territory: the state who holds power over the land where the crime took place enjoys the power and prerogative to prosecute and punish. In truth, much of this stems from feudal times – a person born in a particular lord’s land joined by birth the feudal contract entitling him to certain obligations from the lord (protection, justice, provisions) and to the lord (military service, judicial service, administrative service, and incomes/tax).
  • Under traditional and ancestral understanding of territorial jurisdiction, a person born in the lord’s land would be a citizen of the land unless the conditions of their birth were unusual – as children of an enemy occupying army, children of diplomats of a foreign nation physically present as representatives of that foreign nation, and the like. If we extend that principle to the question of birthright citizenship, children born in America would be American citizens unless their parents’ physical presence was on the official representation of a foreign nation.
  • A trilogy of Supreme Court cases did little to fully resolve the controversy, though they do provide precedent helpful to Harris. After the Amendment and before the turn of the century, the Supreme Court construed the phrase “subject to the jurisdiction thereof” to mean those who did not “owe immediate allegiance to” a foreign power, such as the “children of ministers, consuls, and citizens or subjects of foreign States born within the United States” unless they were legally present in the United States as permanent residents.
  • A note of question for the critics – if owing allegiance to a foreign nation precludes citizenship attaching at birth, this could effectively shift the power of citizenship to foreign nations who could simply declare people citizens at birth of their nation regardless of ancestry or geography. Equally, the children of mixed-birth parents could be stripped of citizenship as well.
  • In any controversy like this – where the textual and contextual debate earn merit on both sides – we come to the policy implications of the decision. We should always ask – who does the decision empower? Consider this: ceding to the state more power over citizenship through legislation on naturalization generally doesn’t work as intended for the benefit of freedoms and liberties – after all, this clause exists in response to the Dred Scott decision that effectively reversed the Amistad decision where we went from “born free, always free” to “once a slave, never a citizen.” The temptation to limit citizenship-by-illegal-immigration and foreigners in the White House could give the state the power to strip us all of citizenship. So think twice about what you might think you might want.
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