"Born in the USA??????"

Given the dialogue that followed the most recent Republican debate on the topic of the Constitutional requirements applicable to anyone seeking the Office of the President and the dispute that has been on-going for  weeks regarding Senator Cruz and his birthplace in Canada, I just have to chime in.  The dialogue so far has been much muddled and pretty far off of the mark.  The general dialogue falls into one of two positions: 1. As Cruz repeats over and over, the issue is "settled law" and that someone born to parents (or one parent) that is a legitimate US Citizen, are "natural born" citizens; and, 2. That a "natural born" citizen must have been born on US soil (Trump).

The pundit dialogue so far seems to reveal that those commenting on the topic have done so without adequate research and have taken the easy way out by simply stating that the US Supreme Court has never ruled on this narrow issue.  And, so goes the argument, without a Supreme Court ruling it is impossible to determine just what constitutes a "natural born citizen." This is simply just a dodge. Those that support the Cruz position - that it is already "settled law" - have evaporated from the commentary - as they should have done from the start - insofar as this issue is certainly not "settled law."  The actual answer to this question is relatively simple and makes common sense.  Citizenship results in only one of two ways - one is either "natural born" or "nationalized."  The former is a consequence of place of birth and citizenship is conferred automatically as outlined in the Constitution.  The latter is citizenship conferred by statute adopted by Congress outlining the conditions that must be met by those not "natural born" citizens.  Citizenship is generally not automatic and may be conferred in a variety of ways.  As a statute, the law may be amended from time to time or altered by judicial decision, changing the conditions and/or requirements necessary to achieve citizenship.  These are "naturalized" citizens. 

This debate evidently revolves around the issue of what the Framers of the Constitution meant or intended the language of the Constitution to mean when they distinguished the highest office in the land - the presidency - from the other significant offices - the House, Senate, and Supreme Court.  All required citizenship as a prerequisite  but just one - the presidency - requires that the person assuming office must be a "natural born" citizen.  If there was no difference in the citizenship requirement, why distinguish one from the other with different language?  One cannot find a better authority on what the Framers intended in 1788 than William Blackstone - the single most respected expert on legal intent and interpretation of legal language in that time period.  In fact, to this day Blackstone, a colonial period British legal scholar, remains the premier authority of interpreting legal and statutory language before the American Court system and in  law schools teaching western legal traditions.  As a Harvard law School graduate, Ted Cruz certainly knows this very well.... just as he knows that this matter IS NOT "settled law."

Blackstone noted in his discussion of electoral qualifications for high office that "natural born" meant "born within the borders of the nation" versus, born outside the borders of the nation.  The physical "nation" includes all of the legal territories of the nation including territories, colonies, military bases and/or embassy properties as defined by law. However, the law cannot define some other country as "within the borders of the United States." For those born outside these parameters, NATURALIZATION as a statutory construct provides a legal path to citizenship.  There was a time when children of US Citizens born outside the country were required to go through a process of "naturalization" and were clearly not "natural born" citizens.  Somewhere around 1934, Congress passed a statute conferring automatic citizenship on the children of US Citizens born elsewhere.  That statute has been amended several times over the years to liberalize the rules for children "born outside the borders of the nation."  Still, no amendment can confer "natural born" citizenship status on an individual who was not born inside the country - therefore, all such "automatic" citizens ARE NOT "natural born" citizens.  The point is, why would Congress need to pass a law to cover these circumstances if such children were constitutionally "natural born?"  Conferring "automatic" citizenship or "naturalized" citizenship is not the same thing as a "natural born" citizen, according to Blackstone.

Of course, not being a member of the Supreme Court, my opinion is of little consequence at this point.  My degrees in history and sociology certainly do not compare with training in the law, especially from a well respected institution such as Harvard University.  But, common sense (and Blackstone as well) reveals that the issue is not as unclear as Senator Cruz would want us to believe.  Perhaps Bruce Springsteen had it right all along.  What counts is being "Born in the USA" - period.  Do not be satisfied with guesswork and ask your staff to research Blackstone.  That widely accepted legal authority makes the issue quite clear - the only thing that makes you a "natural born" citizen is place of birth.  One must be born "on the land" of the nation.  Persons born elsewhere can become citizens - by  statutorily conferred automatic citizenship or by a "naturalization" process - but can never be "natural born" citizens.  As a result, though citizens all, only the "natural born" can occupy the office of the Presidency.  It appears that does not include Ted Cruz.

I don't think that we are in Kansas anymore Toto.....

Just some notes regarding Obama Care AKA as the ACA.....  You know, sometimes the New Year brings with it a new appreciation for what is important....  Sometimes, it brings with it a pledge to change course from the destructive habits of the past.... And, sometimes, an individual learns nothing from the past and charges into the abyss anyhow.  Lets consider  two cases of Republican response to the ACA that made headlines  this past week...

DATELINE:  THE BELTWAY.  Still wet behind the ears from his fast ascendancy to the Speakership of the House, former budget hawk and Republican Vice-Presidential candidate Paul Ryan - AGAIN - led an effort to repeal the ACA and deny health care to more than 14 million Americans who have joined the system since 2012.  Remember that these - and many more - had NO ACCESS to health insurance before the ACA for a variety of reasons - pre-existing conditions, cost beyond means, etc.  So, instead of putting forth some viable alternative or a set of proposals aimed at a "fix" for what the opponents believe is wrong with the system, Speaker Ryan's solution - once again - is to pull out the meat ax and chop away.  No suggestions. No alternatives. No amendments or alyernatives.  Just inflict pain on those who are barely hanging on by their fingernails..... no lifeline, no lubricant.....  just throw them to the wolves.... Ryan knows, of course (doesn't everyone?), that the bill will be vetoed by President Obama....  but, he passes the repeal of the ACA anyway (Bronx cheer and all)... and, the Republican Senate follows along.  You might think that this is an election year or something.......  So, what did all of these Beltway Right-Wingers learn from 2015?  Evidently, nothing.  Same old tune while Congressional approval polls (House and Senate) continue to fall into record single digits).  No New Year Resolutions for change....  no reform of the old ways dialogue....  Lets just repeat the mistakes of the past, continue to derail progress and oppose any reasonable proposals regardless of the source on say... common sense gun control or immigration policy or repair of infrastructure.  Instead, let's investigate Benghazi for the 14th time (whatever happened to Howdy Gowdy anyhow?) And hold a weekly repeal of Obama Care over and over...... Maybe we can shut the government down again or default on the debt?  Some folks never learn....

DATELINE: KENTUCKY.  Seems that the state of Kentucky has a new Republican Governor.  Matt Bevin is a Tea Party favorite who pledged all along the campaign trail to repeal Kentuckycare - Kynect.  The programs is the state's version of Obamacare using their own exchange to sign up those in need, and, in fact, IS Obamacare... and is wildly popular in Kentucky.  In spite of his position on this issue, Bevin won a close contest in November and announced that he would dismantle the health care program before the end of 2015.  Of course, he doesn't take office until 2016....  but, hey, that small detail never stopped a Tea Party member in their tracks... Just dress like Indians and throw some health care in the harbor in the dead of night!  Hmmmmm.....  Now that we are getting closer to Bevin taking power.... it seems that he is having second thoughts....  Maybe Kynect isn't so bad after all....  Or, perhaps he saw that repeal of this program and throwing hundreds of thousands of Kentucky residents (and voters) off the health care rolls without some alternative just wasn't a really good political move to make in his first month in office......  In any case, he is re-thinking his position on the matter..... Meanwhile, our fearless Senate Majority Leader, Senator Mitch McConnell who supported Kynect and took some pride and credit for getting hundreds of thousands of Kentuckians health insurance, voted for the Repeal last week!  Looks like a case of BELTWAY vs REALITY.  So, maybe the new Governor of Kentucky had an epiphany last week while the Beltway crowd sank deeper into the abyss....  How all this plays out with be quite the play to follow in 2016.....  As Shakespeare wrote, "the play is the thing."  Oh,,, let's not forget that the ACA is modeled on the Romney Plan adopted in Massachusetts before he ran for president against Barack Obama.....

See you on the field of play.....  Check in often for more info and comment on the nature of the 2016 race - the characters and issues that will make this the year that was......

Again, Happy New Year.

HAPPY NEW YEAR AND WELCOME TO THE YEAR THAT WILL ANSWER ALL OF YOUR QUESTIONS....

HAPPY NEW YEAR TO ONE AND ALL......   and, welcome to 2016 - the year that will be filled with excitement, wonder, and.....  the largest number of Presidential candidates in history!  Yet, when all is said and done, the number will shrink from the current 14 (11 Rs and 3 Ds) to 2 or 3 (maybe an Independent?).  And, then comes the "really big show" this fall.  At this writing, some 84 candidates continue in this race.  Oops.....  did I say 84?  Yup.....   Right now there are 15 Democrats seeking the party nod, 31 Republicans seeking their party designation, and 38 Independent candidates in the field.
Did I mention a partridge in a pear tree?  Of course, the media focus (and that means all of us too) is limited to 3 Dems, 11 Repubs, and.... well... who knows who all those Indies are anyhow????

So, lets see how attuned you really are......  Can you identify the following?  Well... lets make it easier....  Identify the following 10 names by party affiliation - D, R, I - and lets see how you do.
Ready?  Here goes.... no Google assists now.....

1. Willie Carter.  2.  Kerry Andrews.   3. Valma Kittington.  4. Ed Baker.    5. Scott Copeland

6. Doug Shreffler   7.  Lloyd Kelso   8. Chad Koppie.   9.  Tami Stainfield.  10. Jeb Bush

So.....  Recognize a few?  Some?  A bunch?  Just one?  Bet I can guess......  JEB BUSH!

Well....  OK... so, that one was a "gimme"... but, I didn't want you to feel like a totally uninformed member or the presidential electorate......  But, given that Jeb is still in single digits after spending millions of dollars in TV and radio ads, he might as well suffer the fate of all the others named above - political oblivion in 2016.  But, I leave that decision to the wing-nuts, tea-baggers, and the right-wing crazies who are presently pretending to be the Republican Party.....  And, should one of their own somehow become the Republican nominee, perhaps that will lead to the post-Labor Day field of candidates including someone who might make a race of it....  But, I get ahead of myself.

"Wonder"..... I mentioned that in my opening.  I do wonder when the Republican electorate might wake up to the possibility that they could be heading to the dustbin of American political history where they can join the Bullmoose Party, the Whig Party, and many others who, in their time, made poor political judgments and suffered the consequences.  Is it possible that the Rs will so cannibalize themselves that they give birth to a Third Party?  Or, we will see many flee a more extreme example of the reasonable, responsible, and conservative Republican Party of the 20th Century as the party takes on a more extreme and radical agenda as the "new" Republican Party in the 21st century?  Time will tell as the primary electorate begins to focus on their candidates in 2016 as it really did not do in 2015.  Will the "new" Republican party nominate one of their radical number and burn brightly for a time and then burn out like a meteor streaking through the atmosphere as it burns into a cinder and disappears?  And, can Hillary survive the present FBI review of the e-mail controversy, unite the liberal wing of the party, and use Martin O'Malley on the stump to forge party unity for yet another Democratic victory this year?  We will certainly bear witness to it all as the election unfolds throughout the year.

2016 - an exciting year in American electoral politics....  and, potentially a very historic one as well.
Could it be the election of billionaire Donald Trump and the rule of the American Oligarchs?  Or, perhaps the election of the first woman president in US history?  Or, will we all "feel the burn" with the election of an old and angry man from Vermont named Sanders?  It is really up to us....  So, hang onto your hats ladies and gentlemen....  And, as Jackie Gleason used to say.. "AND, AWAY WE GO!                

"And away we go!"

Long, long ago in a universe far, far away, there lived a famous bus wizard named Jackie Gleason.  Those old enough to remember the "Honeymooners" will recall that one of his often used lines, "and away we go!" is used here as the headline for this segment.  In spite of all of the coverage, polling, and Trumpmania, 2015 was just a warm-up for the main event.  So, welcome to 2016, the year of the decider!!!  When push comes to shove, each of us who care enough about the future of this nation and the policies that the government pursues through legislation and/or regulatory authority, will need to choose someone to support and/or vote for this coming year.  And, as many elections in the past have suggested, the 2016 election could change the party that controls the Presidency as well as the Senate and the House.  Needless to say, this one - like so many recent elections - could be a cliffhanger.  For right now, though, you can sleep with visions of sugarplums dancing in your head....  and ignore the ramblings of The Donald, the bombast of Cruz, the fight with Rubio, and the musings
of Doctor Who?.... just to mention a few.  On the Dem side, the light sniping between Hillary and Bernie can wait until January... as can our favorite Dem candidate "watcher", Marty O'Malley.

So, enjoy this short break between Christmas and the New Year.....   2016 will be EPIC at the presidential level - the struggle between the DARK SIDE in the persons of Trump, Cruz, and some others, and the alliance characters, including Bernie, Hillary, Martin, and a few sensible republicans will be on full throttle as the year progresses.  The New Year will bring plenty of headlines, no doubt some scandals, many debates, and even more shock-waves, both in print, on-line, and on the airwaves too.  It will be quite the show.  So, when the New Year clock ticks down to 2016, join me in shouting out, "HAPPY NEW YEAR... AND AWAY WE GO!

Well... doesn't that take all?????? Howdy Gowdy and Rocky Rubio - perfect together????

Amidst all of the discussion regarding the number of Democratic Debates and the days of the week that they are scheduled for, comes a even more curious announcement.  This one isn't curious as to who is endorsing who.... but, why do it on a Saturday during Christmas Week?  Many of the voters are recovering from Christmas Day festivities, returning from far flung travel to visit relatives during the holiday, or fighting the crowds returning/trading unwanted Christmas presents in the malls and shops of Main Street.  So, who is reading the inside pages of the newspapers today (Sunday)?  The likely answer is, no one.  And, of course, this endorsement didn't make the Sunday news shows either.  At least one pundit said, "if it wasn't on TV, it didn't happen."  Now, whether that is more a comment that reflects on the attention span or status of the electorate or the limited sources that the average "Joe" or "Jane" count on for information, I cannot say.  Perhaps it has all to do with the conclusion that many people have reached - that their own life drama is by far more important that the ravings of people that they do not like and do not trust in any case.  Or, in this case, who really cares if one Republican endorses another.....  and, is that really news?

In any case, Howdy (Trey) Gowdy (R-S.C.), Chair of the discredited House Benghazi Committee that cost one member their shot at the Speakership and resulted in Paul Ryan being dragged kicking and screaming into the position just a few months ago, and, likely did far more to boost the Hillary Clinton for President Campaign than the campaign itself was able to do, endorsed Marco Rubio for the Republican Presidential nomination yesterday......  Almost no one noticed...... Little play in the press and no mention on the Sunday News shows.  So, after  years of Beltway Bull&%@t about the Benghazi Committee being the death knell for the Clinton Campaign, Hillary actually got a boost from the hearing where the roof was to cave in on her.  Instead, the roof caved in on Howdy Gowdy and his Republicans on the committee as they attempted the character assassination of Clinton for hours and hours without any success.  In the end, this colossal waste of taxpayers money leading to nothing that we already didn't know, failed miserably to achieve their admitted goal - get Hillary in their sites and destroy her.  Instead, fizzle, fizzle, fizzle....  And, Howdy Gowdy closed the hearing and slipped into the history books as a total jerk ... and a total failure. Watch for yet another Behghazi Committee coming to yet another "theater" near you - real soon.

So, why would Rubio be interested in an endorsement from Howdy? I just cannot shake my childhood memory of the Howdy Doody Show - Gowdy looks like Howdy Doody, am I right?)  In any case, being endorsed by a committee chair is usually a good thing....  In this case, it would not surprise me if the Rubio Campaign chose a virtually "dark" news day to release the very, very short endorsement statement - barely 2 sentences. Why would you want to be associated with this Gump?
But, I guess that a deal is a deal.....  and, evidently, Gowdy and Rubio had a handshake deal months ago.  Maybe they timed it for after the Benghazi Committee Report was filed when they believed that Hillary would be on the ropes and that Howdy Gowdy would be riding high!  But, the fates determined otherwise....  and, though a deal is a deal....  Gowdy's endorsement statement - its content and timing - would be determined by the Rubio Campaign.  And, the choices that they made in both content and timing speaks volumes about what value they assign to his endorsement, and, better yet, to the outcome of the famed and failed Benghazi Committee. 

Really????? This is what Trump thinks is a campaign? How low can you go?????

Unbelievable.....  Last night at a rally in Michigan Trump continued his attacks on Hillary Clinton.  Attacks by opponents are fair game, of course and are a part of our political tradition.  Sometimes they are on matters of policy record or political history, sometimes on personal background or characteristics.  But....  attacking an opponent on their bathroom break?  That is a new low - even for Trump who seemingly becomes more crass with every passing week.
     During the recent Democratic Debate, the moderators called for a break - for a commercial.  Candidates use this "break" to collect their thoughts, plan their next statement, or, if necessary, head for the bathroom.  Incidentally, this is no different than the procedures followed during the Republican debates.  Hillary, it seems, headed for the bathroom only to find the room occupied by the Sanders Campaign Chair - another woman.  She decided to wait until she was done to enter the bathroom and, as a result, was a bit late returning to the stage.  Most viewers didn't much notice....  But, then again, Donald trump isn't "most viewers...."  Last night he launched another sexist attack on Clinton questioning why she was "late" and saying that he knew why.....  He referred to her absence as doing something "disgusting" and repeated that several times to the delight of his supporters present at the rally. This is not only an attack on Hillary  but on all women - AGAIN.  And, what is with "disgusting?"  Most people visit the bathroom several times in a day.  Is what all of us do in the bathroom "disgusting" too?  Or, perhaps billionaires bathroom activities are "beautiful."  Do the wealthy have an upscale chassis that eliminates perfume?  Do billionaires sh*t sweet smelling platinum?
     Why does the Donald insist on reaching down into personal attacks and references that are more appropriate for a juvenile high school football locker room... rather than discussing issues that matter to the American people and are about how to move the nation into the next decade of the 21st century with greater security and economic prosperity for all of us - Christian, Jewish, Muslim, and those who are non-believers?  I think that it time that the Republican Party excise this blot on their heritage and reject the hate, the bluster, and the empty suit that IS The Donald. 

THE CLOWN CAR IS PICKING UP SPEED......

Leader of the Pack......

You know, I just cannot understand the Republicans... especially, the Tea party flavor of the month.... whoever that might be.  I have to hand it to them - the Tea Party, though....  Their electoral saber-rattling has pushed the Republican Party to a place where Sainted Ronald Reagan could not get the nomination against quality candidates like Ted Cruz and Donald Trump.  Between isolationist Islamophobia, fear of refugees, tax cuts for the rich and program cuts for the poor, and bombastic rhetoric about sending troops all over creation to express American "Exceptionalism" leading to giant deficits, these folks are dangerous.  Add to that, each candidate seems to be a flat-earth, science-denying, beltway driven NRA members (and apologists)... and women's health issue opponents.  Viewing the dialogue coming from the Republican lineup, it seems that each is trying to out-flank the other to the right... and the further that they go, the more that they leave the majority of the electorate behind.  Risky business.....

As I write this, we are on the verge of the third Republican debate.  Tonight we may witness the destruction of the "wall" of cooperation and camaraderie that existed between the front runner, Donald Trump and the candidate presently surging in the Iowa polls, Ted Cruz.  Both would build a wall to keep out dark-skinned Mexicans and other Latin Americans (only Trump said that he would make Mexico pay for it....  Why not Panama, Costa Rico, Columbia and the others pay their fair share?) Cruz (born in Canada although Trump hinted today that he was really born in Cuba)... has not indicated where the cash would be taken from - maybe food stamps?????   Certainly not from tax cuts for the rich. In any case, these two are now head to head in Iowa... and Trump doesn't much like it claiming that Cruz doesn't have the mental capacity or the ability to bring people together.... evidenced by his virtual expulsion from the Republican Senate caucus.  Trump says that he lacks vision and maturity too.....  and cannot be trusted as Commander - in - Chief.....  because he is a "maniac." After all, he did say that he would bomb Isis until the sand glowed in the dark!  But, of course, Trump - brilliant, calm, cool, collected, and in control - can be trusted with his finger on the nuclear button!  Are we really in "wonderland?"  And, who in this crowd is the Mad Hatter?  Trump?  Or, could it be Ben Carson?  Hmmmmm. The real question might be, is politics Brain surgery????? And does Trump need a really good hair cut???

Take your giggle pick!  

Carson had a momentary run up to the front of the line against Trump...  and then went on his book tour to promote his biography.  He thought that it might serve his presidential ambition to have his life story told with all of its flaws, near-death experiences, violence turned compassion (notice that he still wields a "knife").  Oops...  Biographies are meant to be a factual account of one's life.....  Ok, so maybe with some downplaying of the negative and emphasis on the positive.  His, it looks like, is a fictional novel.....  The more he moved around the nation on the book tour and spoke about his violent backstory, the lower his poll data....  Today, he announced that is Trump leaves the party due to the equivalent of "insider trading", he will too!  Now, that might be a proper Third Party ticket - Trump and Carson.  Woo-hoo.... And, the question remains - is the Republican Establishment really plotting a "deadlocked" convention so that their nominee is selected in the old fashioned way - is some smoke-filled (or whiskey-fueled) room by a bunch of Beltway Bosses who will "select" the "right candidate" for the Republican Party?

And, you ask, what is this "insider trading"?  It seems that the inner circle of the Republican Party is making plans to deny Trump (and maybe Cruz and others) the ability to gain the nomination of the Party through the Primary Election process.  In other words, months of battles and delegate fights - some won, some lost - and gaining some delegates along the way could result in the "party elders" pulling the run out from under the evident candidate, using their "super delegates" to do it.  With this many candidates in the field, it seems at least plausible that not one candidate would have enough elected delegates to secure the nomination!  You ask, how could that happen?  Well..... for the Rs, there are  3 unpledged delegates in each state. That makes 150.  Even if they choose to pledge their support to one candidate or another, they are not bound by law or party rules to cast their vote that way.  Even the elected delegates, pledged to a particular candidate, are only required to vote for that candidate on the first ballot. 1236 votes are needed to carry the nomination which may or may not include the 150 unpledged delegates.  If no one arrives at the Convention with 1236 or more - some in winner-take-all states and some from proportional states, then the convention could be brokered.  Both Trump and Carson have said that if the "winner" of the primaries does not become the nominee, that they will break from the Party....  Showdown at the OK Corral? 

So, lets re-cap.....   

FOREIGN POLICY:
       1.  We have the biggest stick, so we play follow the leader - us - or we will bomb you into dust!
       2.  Keep the hell out, especially if you are not a christian.... or you are a refugee seeking safety
from terrorism.  You should go back and fight!!!!  Even the 5-year olds should be turned back
(Chris Christie).  (How Christian of you Chris...).

DOMESTIC POLICY:
       1. Keep out or we will bomb you into dust!
       2. A giant wall at the Mexican border will result in long-term jobs! And, that's why we oppose any increase in the Minimum wage...  those new jobs will cost the taxpayers plenty!!!  And, Mexico won't pay for THAT. So, just work longer and skip vacation.
      3. Get rid of health care, cut medicare, medicaid, and social security - greedy bastards!  Hey, if

you want to make more money, then work longer (Jeb Bush.... remember, he can FIX IT...huh?)
      4. Deport Muslims, Mexicans, and anyone else other than us who does not belong here. Maybe

just everyone who comes from an "M" country! Look at how many jobs will be created for           people employed gathering all of  those millions of folks to be loaded on buses going home...
      5. Cut taxes on the wealthy and increase spending on the military - Yahoo!  Must protect the 

1per-centers who pay for all of our campaigns, after all.
      6. The military needs more cash!  In 2011 we only spent more than the next biggest 13 national

military budgets combined!  Hey, more means more....  Just ask Halliburton..... or, Trump.
      7. Eliminate funding for Planned Parenthood altogether, in spite of the fact that only a small

percent of their funding goes for contraception and abortion services.  And, Roe vs. Wade? Forget about that ancient history.....   we will make sure that abortion is either gone or unavailable even in cases or rape and incest!  Life is life!  So what if the Mom dies....  or carries an incestuous child to term.  Wouldn't you want to be both Mom and sister?

I could go on and on....  but this CLOWN CAR does just fine on its own.....  All will be revealed in due course over the months ahead.....  Lets see where this ride takes us.... on which roads.... and to which destinations....   More later....

Bobby J