My kind of auto bailout

I'm not dead yet

Ahem. Tap tap tap. Is this thing on?

Yes, well. You might have noticed that I haven't been posting very much lately. Or at all, for that matter. See, the thing is, I think I got a little burnt out. And extremely freaking frustrated. I'm reading and watching what is happening in and to our country, right under our noses, and ... ugh. How did we get this stupid? Which gets me screaming at my computer while furiously typing because MUST. GET. THIS. INFORMATION. OUT THERE. For all the world to read and apparently not give a shit anyway.

You know, about little things like oh ... taxes, bailouts, liberty, eligibility, and our fucking constitution. Nothing big really, so I probably shouldn't get so stressed out.

With each passing issue I kept thinking, THIS TIME. This time, people will get it. This time, I can have faith in our supreme court, our electors, the intelligence of the general populace (snort!). The list goes on and on, and apparently I've been wrong every time. So you probably shouldn't listen to me anymore.

I was hanging a great deal of hope on the cases before the supreme court, and yes there are still some pending, but when the Donofrio and Wrotnowski cases were not even allowed to be heard on their merits, I was crushed. Contrary to the couple of emails I got about being "a sore loser", it was never about Obama. It was about whoever is next. It was about upholding our constitution so that next time we're not chanting and singing praises to Chavez.

And then there's Blagogate. You can be sure we'll probably never learn how deep that goes. Everything I read just sends me into seizures. Which makes it a little hard to keep reading, but dammit, I do anyway. I can't even tell you the countless times I've had fingers poised over keyboard ready to blast away and thought, "what for?" Seriously, what for? Nobody fucking cares. The reason people like Obama, Rezko, Blagojevich, Jarrett, etal do the things they do is not for some great altruistic ideology. It's all about them. What's in it for me? And that's how I think the rest of the country is too. Seriously. It's all about me, so I do NOT want to hear how dirty and evil all of this is. I have this image of people just walking around with their fingers in their ears, collectively saying LALALALALALALA.

I still care. I still love this country beyond measure. I still read furiously and am staying aware. But I'm not sure I can continue to write about all of it. At least not the way that I was.

I started this blog because I missed mommy blogging. Hah! Can you believe that? When's the last time you read anything even remotely resembling mommy blogging here? I know! So you might start to see a little more of that creeping in.

Cuz the politics? Bring out your dead, folks.

I'd better be getting a couple of cars under the tree this year

It sure is a good thing we still have a Republican administration. Otherwise, we'd have rampant government intervention in private industry. Oh wait ...

The Bush administration says it is committed to sliding billions of dollars to the domestic auto companies regardless of the fact that the bailout failed to make it through Congress. The administration's only recourse, presumably, is to shift TARP money to the automakers, something Bush once rejected out of hand.

The dishonesty surrounding the auto bailout issue is encapsulated in the first paragraph of the AP story linked above:

With Congress gridlocked and the economy floundering...

Say what? Congress isn't "gridlocked." The bailout failed to pass because it didn't get enough votes.

...the Bush administration declared Friday it would step in to prevent the
"precipitous collapse" of the U.S. auto industry...

We're talking here about three of the ten companies that manufacture automobiles in the United States. The alternative to a government bailout is not "precipitous collapse," it is Chapter 11 bankruptcy. Most or all of the major airlines companies have been through Chapter 11. They didn't "collapse," they restructured their financial obligations and emerged stronger. What could collapse is the United Auto Workers union, but that would hardly be a negative thing.

...and the disastrous loss of hundreds of thousands of jobs sure to follow.

Now that's a crap sandwich if I've ever seen one. GM, Ford and Chrysler still sell cars and they need employees to make them. Their problem is not the money they pay to existing workers, it is the legacy payments to retired workers and their widows that are forcing the companies into bankruptcy. Those legacy payments will be reduced or terminated in a bankruptcy court; existing workers will continue making automobiles.

The most disheartening aspect of the current bailout spree is the spectacle of executives from the banking, investment banking, insurance and auto industries begging the government for cash like teenagers who have blown their allowances and are abjectly asking their Daddy for more money. The government as Daddy--wasn't that supposed to be a liberal concept?

Hat Tip Power Line

A Simple Concept

The following is an update and clear cut description of the basics of the case being held in conference in the Supreme Court of the United States tomorrow, December 12, 2008 -- from Natural Born Citizen.

I share Mr. Donofrio's frustrations at being labeled as someone not quite "all there" or participating in some nut job conspiracy theory simply for trying to ensure that our constitution is upheld. I'm a great believer in simplicity. I see no reason whatsoever for Mr. Obama to go to such great lengths to withhold relevant information if there is truly nothing erroneous or illegitimate to be seen.

- + - + - + - + - + - + -

This week has been quite enlightening as to the blatantly obvious fact that our “Fourth Estate” press corps have been transmogrified into propaganda ponies polly wanna crackering whatever may be handed down to them from “The One Corporation - your source for everything…” (cue eery theme tune). They don’t report the news anymore. No. Now they tell you what they want the news to be. There’s a huge difference.

For the record, my law suit was brought to remove three candidates from the ballots - three candidates who have big Constitutional issues as to their eligibility.

At the time of his birth, Obama was a British/Kenyan citizen by descent of his father. Because I pointed out pesky international laws which governed his citizenship due to the fact that a father has every legal right in the world to have the laws of his nation apply to his son, I have been labeled a conspiracy freakoid of nature.

Never mind that I included demands for Panama John McCain and the Nicaraguan born Roger Calero to also be removed from our ballots. No, they don’t want to talk about that do they - because it would blow the “he’s just another Obama hater” mantra clear out of play.

A citizen (me) raised the Constitutional issue of first impression as to the meaning of “natural born Citizen” in Article 2, Section 1, of the United States Constitution - that ultimate pesky legal document for those who would rather “be” the law instead of following it.

What are the Fourth Estate propagandists worried about? Thou doth protest too much. Me thinks so. Why? Because the law is against their man - it indicates Barack Obama is not a natural born Citizen of the United States. And most of the media pundits have basically agreed by default. I say this because when yelling and mocking the issue, their main argument is not that the law is on their side (they know it isn’t), but rather that the law shouldn’t be discussed at all.

PRESIDENTIAL PRECEDENT

Other than the fraud perpetrated by Chester Arthur (see prior stories), every post grandfather clause President of this nation was born in the United States to parents who were US Citizens. In their wisdom, they recognized the danger in having people born under the jurisdiction of another country taking the role of commander in chief.

They did this recognizing that multitudes of loyal men wouldn’t be eligible, but they also knew that they couldn’t see into the soul of all possible candidates, so just to be safe, they put a restriction in the Document which is there to protect us from a sneak attack in the oval office by somebody who might have loyalty to another nation. The framers themselves were good men, loyal to this infant nation, but they recognized that people like them had to be excluded from future Presidential eligibility as an order of protection. McCain and Obama know that.

And in my stay application, I never accused either man of disloyalty. Quite the opposite. Had any of these morose media maniacs actually read the papers I filed with the United States Supreme Court (before election day), this is what they would have found as to Barack Obama:

As regarding the issues surrounding Senator Obama’s birth certificate, and if it may please this Honorable Court, I would point out that Senator Obama has not been presented with a genuine legal request from a party with proper standing to command him in any way, and therefore he has no legal responsibility to submit or to bend his integrity. And for that, he certainly deserves respect.

Appellant believes that if Senator Obama is presented with a legal request from a government authority sanctioned to make such request, that Senator Obama will respond accordingly and put this issue behind him forever.

That being said, petitioner regretfully submits that since candidate Obama was born to a Kenyan father, he also is not eligible to the office of President since he is not a “natural born citizen” by the Constitution.

As to John McCain they would have found this:

Senator John McCain is an American patriot who has valiantly suffered more for this country than most of us ever will. He has shown bravery beyond that which the country has any right to ask, and it is with very deep and sincere regret that I respectfully request that this Honorable Court order the Secretaries of the several States to remove John McCain’s name from the ballots.

I couldn’t have shown the candidates more respect. But both of them should have known that if either were to become President - despite the loyalty they have for this country - the dam would be broken and the waters of foreign influence would be forever capable of drowning our national sovereignty and placing our military in the hands of enemies from within.

IT’S NOT ABOUT OBAMA OR McCAIN - IT’S ABOUT WHO COMES NEXT. THEY SHOULD HAVE KNOWN THAT AND FALLEN ON THEIR PRESIDENTIAL SWORDS TO PROTECT THIS COUNTRY.

The truly patriotic thing for both to do was pass the baton to another worthy candidate not burdened with eligibility issues. I understand the lure of being President and all the power, glory, responsibility and possibility for enlightening change that entails. But the precedent to be set is fraught with danger. And the candidates knew that.

I suppose they’ve taken a view that the good they might bring to our Country far outweighs any risk from who may come next. But knowing the slippery slope of history, only hubris could make such a call.

OBAMA’S ADMISSION

Like it or not, rich or poor, great or strong, Democrat or Republican, Obama was born under the jurisdiction of Great Britain via Kenya. There is nothing conspiratorial about saying that. Obama has it posted on his own web site. It’s this very definition which I included in Cort’s Wrotnowski’s brief. Here’s what it says at Obama’s web portal, Fight The Smears:

When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children. (Emphasis added.)

There it is. Obama is telling you his status was “governed” by a foreign jurisdiction. This is no theory. This is a fact.

I have always believed Obama was born in Hawaii. I told numerous reporters that there was no way in hell Obama would post a fraudulent birth certificate at his web site. I said that over and over, but they’re still lying about my position. Why not tell the whole truth and nothing but the truth? Is the truth now part of a conspiracy?

Instead of recognizing that a legitimate legal nexus exists for Obama’s eligibility to be questioned, the great bulk of main stream media outlets have pulled out all the stops to mock, attack, accuse, hate and discredit anybody willing to consider the law.

What have we come to?

The opposing media argument concerns the will of the people in the election and that the Supreme Court shouldn’t overturn the intent of 65 million voters. It’s an argument that fails - if the candidates were not Constitutionally eligible then the election was a fraud no matter how many voted for Obama.

My law suit was meant to return the election to the Constitution. It’s the Republican and Democratic parties that overturned the election stuffing two ineligible candidates down our throats with no regard whatsoever to the future precedent it would set.

The people are subservient to the Document and if we don’t keep it that way, we have plenty of historical examples throughout history detailing exactly what will happen to us if the Document is defeated.

Regardless, should the people demand that Constitutional restrictions in Article 2, Section 1, be removed from the Document, they can lobby their political representatives to introduce an amendment, and if such amendment were to be ratified by three-quarters of either the state legislatures, or of constitutional conventions specially elected in each of the states, then they can have any President they like.

But as long as Article 2, Section 1, is controlling law, it’s those who are trying to attack all review of it who are the conspiracy theorists. All I did was ask the Supreme Court to rule on an issue which has caused multiple law review articles to be written and countless news reports and blogs to be published. It has generally confused legal scholars for over two centuries.

“Ooh, look at that crazy conspiracy nut Donofrio,” they squawk. Me so crazy. Well, maybe I am a bit strange (Who the hell isn’t?) but not for my understanding of the natural born Citizen issue. And that’s the only issue before the Honorable Court.

That being said, let’s now take a look at two established and respected legal sources which define the term “natural born Citizen” as a person who is born in the United States to parents both of whom are “citizens”.

NATURAL BORN CITIZEN DEFINED THROUGH HISTORY

I could understand rabid attacks if the legal theory I was relying upon had been thoroughly discredited by a Supreme Court decision or by statute, or even by historical texts, but it’s quite the opposite. Beside 200 years of Presidential precedent, the great weight of authority supports the argument that Obama is not a natural born Citizen.

I understand the countering argument and I’ve welcomed debate of both sides of the issue in comments to this blog. But most of the published arguments on the natural born Citizen issue are recently published law review articles which haven’t done a very good job of presenting the whole truth and nothing but the truth.

THE FRAMERS OF THE 14TH AMENDMENT

Despite popular belief, the 14th Amendment does not convey the status of “natural born Citizen” in its text. It just conveys the status of “Citizen”. And it’s very clear that in the pre-amendment Constitution, the Framers made a distinction between a “Citizen” and a “natural born Citizen”. The requirement to be a Senator or Representative is “Citizen”, but the requirement to be President is “natural born Citizen”.

From the 14th Amendment:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

But even as to this conveyance of citizenship, those who were responsible for drafting the 14th Amendment made it clear that - to them - the meaning of “subject to the jurisdiction thereof” meant subject only to the jurisdiction thereof.

Dr. John Fonte, Senior Fellow of The Hudson Institute had this to say about the issue at a Congressional hearing on dual citizenship from September 29, 2005:

The authors in the legislative history, the authors of that language, Senator Lyman Trumbull said, ”When we talk about ’subject to the jurisdiction of the United States,’ it means complete jurisdiction, not owing allegiance to anybody else.” Senator Jacob Howard said that it’s ”a full and complete jurisdiction.”

This illustrates that Congress recently discussed the issue, and they can’t claim they were unaware. But we don’t have to take Dr. Fonte’s word for it. The following discussion by the various 14th Amendment Framers took place on the Senate floor. I took it from P.A. Madison’s research at http://www.14thamendment.us/articles/anchor_babies_unconstitutionality.html (use his link for footnotes):

It is clear the framers of the Fourteenth Amendment had no intention of freely giving away American citizenship to just anyone simply because they may have been born on American soil. Again, we are fortunate enough to have on the record the highest authority tell us, Sen. Lyman Trumbull, Chairman of the Judiciary Committee… and the one who inserted the phrase:

[T]he provision is, that ‘all persons born in the United States, and subject to the jurisdiction thereof, are citizens.’ That means ’subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof?’ Not owing allegiance to anybody else. That is what it means.

Then Madison quotes Sen. Howard, another Framer, concurring with Trumbull:

Sen. Howard concurs with Trumbull’s construction:

Mr. HOWARD: I concur entirely with the honorable Senator from Illinois [Trumbull], in holding that the word “jurisdiction,” as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States, whether exercised by Congress, by the executive, or by the judicial department; that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now.[3]

Mr. Madison continues with even more proof of what the 14th Amendment Framers meant:

Sen. Johnson, speaking on the Senate floor, offers his comments and understanding of the proposed new amendment to the constitution:

[Now], all this amendment [citizenship clause] provides is, that all persons born in the United States and not subject to some foreign Power–for that, no doubt, is the meaning of the committee who have brought the matter before us–shall be considered as citizens of the United States. That would seem to be not only a wise but a necessary provision. If there are to be citizens of the United States there should be some certain definition of what citizenship is, what has created the character of citizen as between himself and the United States, and the amendment says that citizenship may depend upon birth, and I know of no better way to give rise to citizenship than the fact of birth within the territory of the United States, born to parents who at the time were subject to the authority of the United States.[4]

No doubt in the Senate as to what the citizenship clause means as further evidenced by Sen. W. Williams:

In one sense, all persons born within the geographical limits of the United States are subject to the jurisdiction of the United States…All persons living within a judicial district may be said, in one sense, to be subject to the jurisdiction of the court in that district, but they are not in every sense subject to the jurisdiction of the court until they are brought, by proper process, within the reach of the power of the court. I understand the words here, ’subject to the jurisdiction of the United States,’ to mean fully and completely subject to the jurisdiction of the United States.[5]

Madison saves for last the greatest authority on the issue:

Rep. John Bingham of Ohio, considered the father of the Fourteenth Amendment, confirms the understanding and construction the framers used in regards to birthright and jurisdiction while speaking on civil rights of citizens in the House on March 9, 1866:

[I] find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen…[6]

It’s important to note this statement was issued by Bingham only months before the 14th Amendment was proposed.

In conclusion, I would like to thank reader “John Boy” for pointing to Justice Scalia’s opinion in District of Columbia Et Al. v. Heller. In that case, Justice Scalia took into consideration a certain historical legal reference:

The common references to those “fit to bear arms” in congressional discussions about the militia are matched by use of the same phrase in the few nonmilitary federal contexts where the concept would be relevant… Other legal sources frequently used “bear arms” in nonmilitary contexts.10

Now look at “footnote 10″:

E. de Vattel, The Law of Nations, or, Principles of the Law of Nature 144 (1792) (“Since custom has allowed persons of rank and gentlemen of the army to bear arms in time of peace, strict care should be taken that none but these should be allowed to wear swords”);

Since Justice Scalia cited to this legal textbook in March of 2008, it’s not outrageous to think he might also refer to “The Laws of Nations” on the natural born Citizen issue?

I’ll leave you now with the relevant textbook definition of natural born citizen. The following was published in 1758. This definition, added to all of the above, certainly establishes a rational legal basis to hold that Barack Obama is not a natural born Citizen. And more than that, it puts the burden on those who deny it to don the tin foil hat of despair and bring forthwith to the table of honest debate their own bed of authority to lie in:

§ 212. Citizens and natives.

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.

The Day Our Constitution Died

The Leo Donofrio lawsuit, Donofrio vs Wells, Application for stay, has been denied by the US Supreme Court on Monday, December 8, 2008.

And here I thought at least four of the nine would grow a pair.

More details to come ....

A Different Kind of Anniversary

On this day in 1865 ...

On this day in 1865, the 13th Amendment -- abolishing slavery -- became part of the U.S. Constitution -- when ratified by three-quarters of the states.

Despite protests from the Democrats, the Republican Party made banning slavery part of its national platform in 1864. Senator Lyman Trumbull (R-IL) wrote the final version of the text, combining the proposed wordings of several other Republican congressmen.

All Republicans in Congress voted for the 13th Amendment, while nearly all Democrats voted against it. So strongly did President Abraham Lincoln (R-IL) support the 13th Amendment, he insisted on signing the document, though presidential approval is not part of the amendment process.

Outlawing slavery was a Republican achievement. Which totally explains why the majority of black voters continue to think that the Democrats are their best bet. Oh wait ....

(H/T Grand Old Partisan)

And here it is in a nutshell

This is one of the best and clearest explanations of the Natural Born Citizen issue:





And of course Obama knew as a constitutional lawyer what he was doing!

No Freedom in Ohio, Part 1

There are two cases involving attacks on individual rights and freedoms. Two Toledoans got in trouble by exercising their freedom of expression and speech. The first involves that from 15 minutes to forever fame Joe-the-Plumber. The second involves a black professional female, Crystal Dixon, who dared to utter a politically incorrect position. Being black, you would expect that she would be the most unlikely person to be accused of discrimination.

So, what do these two Toledoans have in common? It is the abuse of their civil liberty. Where is the ‘American’ Civil ‘Rights’ Union (ACLU) when REAL violations of rights occur?

Standing With Joe, Petitioning Gov. Strickland to Terminate Perpetrators

The first part involves the highly publicized case in which the Toledo, Ohio resident dared to ask the then Presidential candidate Barack Obama an penetrating question. It was what transpired in the aftermath of “Joe the Plumber” that is of great concern to many freedom loving people and organizations including the Ohio Christian Alliance (OCA).

In a press release today, the Ohio Christian Alliance stated, “The Ohio Christian Alliance (OCA) today is calling upon the Ohio Legislature and Governor Strickland to address and truly hold accountable those responsible for the improper investigation of Mr. Joseph Wurzelbacher. . .

“Chris Long, OCA President, said “This issue is not a partisan battle. It is, however, a direct threat to individual freedoms of every American to participate, engage, and question candidates and office holders on a variety of subjects. The issue simply stated is, “Does the state government have the right to investigate private citizens simply because they ask questions of candidates and/or office holders?”

“When it came to light that the Ohio Department of Job and Family Services, the Bureau of Motor Vehicles, and the Ohio Department of Taxation all initiated investigations on Mr. Joseph Wurzelbacher for no apparent reason other than that the partisans within those agencies were seeking to discredit this private citizen, it was obvious that this was an abuse of power and an overreach by state governmental authorities. This is simply an outrage.”

“According to the Inspector General’s report, these investigations had no legitimate state government purpose. The directors involved in the unwarranted investigation violated the public’s trust, and consequently should be terminated from their respective positions at the Ohio Department of Job and Family Services to begin to restore the public’s confidence once again in these State agencies. The public’s confidence in these agencies has been sorely damaged from the revelations of these improper investigations.”

“Governor Strickland, to date, has been slow to move on this matter. His actions initially were simply to place the director of Job and Family Services, Helen Jones-Kelley on paid administrative leave. Only after the release of the Inspector General’s report of November 20th did the Governor see fit to place her on unpaid administrative suspension for one month. By his actions, Governor Strickland is obviously not taking this matter seriously enough.”

“If Governor Strickland wishes to truly address the seriousness of this issue, he needs to take the purposed steps of terminating the employment of those directors responsible for this misuse of their positions of authority to access confidential databases for no legitimate state government purpose. . .”

“If this goes unchecked, it will have a chilling effect in future elections and on possible advocacy work of private citizens who will worry whether their letter, phone call or questions of any political candidate or office holder will prompt an investigation by state agencies. All Ohioans should have the freedom to openly participate in their government without fearing reprisal from some government agency.”

TAKE IMMEDIATE ACTION

This is why we must not let Mr. Samuel Joseph Wurzelbacher AKA Joe the Plumber stand alone. To pressure the Governor of Ohio to take real action, the Ohio Christian Alliance has initiated a petition, which you may sign by clicking here.

In fact, what follows is the exact text of the petition, which I signed yesterday and I encourage everyone to sign today:

Dear Governor Strickland,

I, the undersigned, join with other Ohioans in urging you to terminate immediately the employment of those State employees responsible for the unlawful investigation of Mr. Samuel Joe Wurzelbacher. These individuals have breached the public’s trust, and a strong message needs to be sent. You have the executive authority to act upon this matter, and as a citizen of this State of Ohio, I urge you to exercise your executive authority and remove from office those individuals responsible for this violation of the public’s trust.

Required Listening, Part 2

View Part One here.