VivaBarnesLaw
Politics • Culture • News
The Barnes Brief: Week of August 9, 2024
August 09, 2024
post photo preview
Art of the Day

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.
community logo
Join the VivaBarnesLaw Community
To read more articles like this, sign up and join my community today
56
What else you may like…
Videos
Podcasts
Posts
Articles
Spotted on our trip in central Florida

Timing is everything… We were a little late checking out of the Airbnb, which placed us at the perfect spot at the perfect time.

A massive mama black bear, with her two cubs.

00:03:08
Elon's Revenge

America Party has been created.

SPONSOR! https://www.twc.health/VIVA – code VIVA saves 10% + FREE shipping. Experience next-level energy and focus with RECHARGE—powered by Methylene Blue

00:09:52
The whippersnappers are amazing!

I am going back to that CVS and I’m going to buy the entire display!

the snap rate is virtually 100%! And they snap against people’s backs!

00:02:18
February 17, 2024
Appearance on Richard Syrette

I did a quick hit on Richard Syrette yesterday. Gotta keep Canadians apprised of the U.S. madness.

Appearance on Richard Syrette
The Barnes Brief, Podcast Format: Monday, July 17, 2023

Closing Argument: Birthright citizenship is deeply American, and wholly Constitutional.

The Barnes Brief, Podcast Format: Monday, July 17, 2023
Declaration of Independence

Audio podcast style.

Declaration of Independence
LIVE w/ Duran
placeholder
14 seconds ago
Autopen scandal continues

Here is an article detailing that Biden aids were running the auto pen in Biden’s absence, and without his knowledge.

If this is true, it is outright fraud.

Totally different than trying to reverse the pardons on the basis of mental acuity…

I’ve reached out to the journalist. We’ll see if he comes on!

https://archive.is/b56QI

post photo preview
Barnes Brief: Friday, July 11, 2025

I.  Schedule

  • Benny Johnson Interview
  • Alex Jones Show w/ Owen Shroyer
  • Friday at 9ish: Betting w/ Barnes AMA
  • Saturday at 9: Movie Night
  • Sunday at 6 or 7: Law for the People

II.  Art of the Day: The hidden alleyways in ancient communities share secrets of generations past, wlecomed by the decorative arts on display in the magnificent murals, decorous streets, illuminated arches, old gas lights, as enveloped by nature. I love art that expresses itself in the everyday, shares its genius with all who come to it, making nature into an indoor-outdoor mirror of nature and the soul. Windows to the world, windows to our own world. 

III. Book of the Week: Robert Maxwell's Mossad ties, the founder of the Epstein Connection. 

IV.  Wisdom of the Day: "Oh what a tangled web we weave when first we practice to deceive." Sir Walter Scott. 

 

Only for Supporters
To read the rest of this article and access other paid content, you must be a supporter
Read full Article
post photo preview
The Barnes Brief: July 4, 2025

I.  Schedule

  • Saturday 9 pm eastern: Movie July 4th Theme
  • Sunday 6 pm eastern: Viva & Barnes Law for the People

II.  Art of the Day

A pickup truck. By the beach. Our flag flowing in the wind. The center of summer. The celebration of American independence. The spirit of the 4th.The simplest joys partake, in backyard barbecues & flowing fireworks into the night sky. All for the liberty, freedom, and individuality unleashed by the American spirit that sentinel 4th of July, birthing a revolution of spirit around the world. America's Independence Day. 

III. Wisdom of the Day

"And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor." Declaration of Independence, 1776. 

IV. Book Recommendation

Declaration: The Nine Tumultous Weeks details the inside story of how the American revolution was anything but inevitable, birthed by the struggles of men and women willing to risk it all for a new cry for freedom and self-governance that will replace the royalists forever more. 

V.  News of the Week

  1. Big Beautiful Bill Passes
  2. Medicaid Cut Debate
  3. Socialist Rises
  4. Jobs Jump
  5. Democratic Disarray

*Bonus: Proud to be an American

VI.  Topic of the Week: American Independence

  1. Patrick Henry
  2. Adams
  3. Reagan
  4. MLK
  5. Fredrick Douglass

*Bonus: Webster

VII. Cases of the Week

  1. Judicial Coup Continues
  2. Diddy Verdict
  3. Big Beautiful Bill
  4. SCOTUS: TransSpeech
  5. Wisconsin: Politics & Judges

*Bonus: Coercion defense

VIII. Closing Argument: Our Eternal Oath

  • The American Revolution. The Declaration of Independence. July 4th, 1776.
  • A new doctrine of legitimacy for the exercise of state power. Henceforth, legitimate government depended upon the consent of the governed. This was because each individual held “the separate and equal station” by the logic of natural law — “the Laws of Nature and of Nature’s God entitle them.” This thus further entitled them “to dissolve the political bands which have connected them with another and to assume among the powers of the earth” whenever made necessary by the conditions of their government. 
  • The eternal truths of the ends of government remained the same truths as God ordained, reason entitled, and nature spoke: the “self-evident truths” included that “all men are created equal” and as such endowed by their Creator “with certain unalienable Rights” of the right to life, the right to liberty, and the right to the pursuit of happiness. This, and this alone, is the reason for government — “to secure these rights.” Security wasn't for physical safety but rather for liberty -- security measured by respect for the right to liberty, the right to life, and the right to the pursuit of happiness. Thereby, wherever and whenever government “becomes destructive” toward the right to life, the right to liberty, and the right to the pursuit of happiness, then the self-evident right endowed by the Creator, and his creations in nature and reason, entitles “the people” to alter such government, abolish such government, and to, in their place, “institute new Government.”
  • The conservative counter to the radicalism inherent in the right of revolution was to temper such revolutionary spirit that “long established” forms of government only be changed for causes neither “light” nor “transient.” It is only upon a “long train of abuses and usurpations” that would reduce them to despotism that it becomes their “duty” to “throw off such Government” and provide better “Guards for their future security.”
  • The founders then laid out the evidentiary pleadings for their right to revolt, noting the dilution of the people’s right to pass laws on its behalf, the corruption of the judiciary from enforcing the laws impartially, and the rogue executive ignoring the invasion from within and without. This breach of forms bred results undesired and insecure to the people, including standing armies invading homes without cause, bureaucratic expansion that “sent hither swarms of Officers to harass our people and eat out their substance”, subject Americans to “a jurisdiction foreign to our constitution and unacknowledged by our laws”, with “mock Trials” held by partial jurors away from the community of the judged, taxes without consent, unwarranted drafts into forced military service against their own people, and leaving borders unprotected from merciless dangers, while all petitions for redress of these grievances went unanswered and unaddressed. This left no choice but to declare our independence, rooting our government in both conservative claims and radical revolutionary aims, restoring power to the people our Creator endowed with inalienable rights which appeal to nature and reason — the archives of nature and the rights of man as God’s forensic fingerprint on the nature of man and earth alike. 
  • It is thus we must again renew the oath — “for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.” 
Read full Article
post photo preview
Barnes Brief: Friday, June 27, 2025

Schedule

  • Friday at 6 eastern: Betting w/ Barnes
  • Saturday at 9 eastern: Movie Night 
  • Sunday at 6 eastern: Law for the People w/ Viva

Art of the Day: The Water Fountain. To make the simple, elegant; the functional, expressive; the accessible, ideal. Decorative arts charm the mind by turning the ordinary into extraordinary, the everyday into an otherworldly invitation. This form of decorative arts remakes our material world into an ethereal paradise of the mind evoking the God shaped spark of the soul for a task as mundane as getting a sip of water. 

Book Recommendation History rhymes. The last effort of the Deep State to regime change in Iran birthed us the current regime. The Coup: https://www.goodreads.com/book/show/13586980-the-coup?

Wisdom of the Day: “A passionate attachment of one nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter, without adequate inducement or justification.” George Washington, Farewell Address. 

 

Only for Supporters
To read the rest of this article and access other paid content, you must be a supporter
Read full Article
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals