Is Senator Harris Technically A Natural Born Citizen? At This Point, What Difference Does It Make? [Corrected and Updated]

(That’s the late, great Professor Irwin Corey, a famous walking, double-talking comedy spoof of professors. His theories are approximately as valuable as the topic of this post.)

Chapman University constitutional law professor John Eastman has a controversial essay in  Newsweek analyzing whether Sen. Kamala Harris is eligible to become Vice president (or <cough> President) since her parents may not have been U.S. citizens when she was born.

Eastman’s theory is that the Twelfth Amendment’s language saying “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States” combined with Article II of the Constitution’s requirement that  “[n]o person except a natural born citizen…shall be eligible to the office of President” raises legitimate questions about Harris’ eligibility.

Harris’s father and mother were born outside of the United States and neither was a naturalized citizen at the time of Harris’s birth in Oakland, California. (I did not know that! Did you know that Pat Venditte was the first Major League pitcher who regularly throws both right-handed and left-handed? ) If, Eastman, claims, Harris’s parents were not lawful permanent residents at the time of her birth, then she isn’t a natural born citizen.  Along with a minority among constitutional scholars, Eastman believes the 14th Amendment doesn’t say that all persons born in the U.S. are citizens. It says that ‘[a]ll persons born or naturalized in the United States and subject to the jurisdiction thereof’ are citizens. Just because one is born in the United States, these contrarians argue,  doesn’t mean that individual has ‘subjected’ himself ‘to the jurisdiction’ of the United States. Under this theory,  the children of tourists, diplomats, and illegal aliens are not “natural born” citizens.

What an interesting theory! And, like so many things academics and scholars put into print to gain fame, notoriety, and publishing deals, it is one that is completely pointless at this time in history. Eastman’s theory has not been adopted by the United States or used to determine citizenship, so the current interpretation that if you are born here, you’re a “natural born” citizen, is the law by tradition and practice. Nevertheless, conservative media is having a ball with this foolishness. “Kamala Harris was an Anchor Baby” says a headline I saw today. So WHAT??? There is so much wrong with Kamala Harris, and she is such an awful candidate for so many other reasons, why is anyone focusing on a dead letter technicality?

There is nothing wrong with a scholar claiming that we’ve been doing it wrong all this time, but there is a lot wrong with making that argument in the middle of a Presidential campaign. I get it: the presence of Harris on the Democratic ticket makes an arcane legal theory suddenly newsworthy,  Chapman, however, is chasing personal fame at the cost of promoting needless distrust and uncertainty into a national election, as if we didn’t have too much of both already. Continue reading →

Now THIS Is The Streisand Syndrome: The Strange Saga Of Professor Bruce Hay

You have to go to the links; I can’t do justice to this story without giggling. Primarily, I want to highlight this epic mess because it’s the best example of the Streisand Effect ever, a situation where an attempt to seek redress for an alleged smear brings more publicity to negative details about the supposed victim far beyond  anything the original conduct could have. To make the fiasco more juicy still, here is a Harvard Law professor revealing himself as an utter fool, and engaging in a frivolous—that is, unethical— attempt to use “sexual harassment” to apply to “you used your feminine whiles to manipulate me, and I fell for it.”

Sexual harassment doesn’t mean that.

The hilariously baroque story involves… Continue reading →

Lunchtime Ethics Warm-Up, 8/11/2020: The “Preparing To Welcome A New Dog” Edition

My wife and I will finally be welcoming a new dog into the family tomorrow. It’s been more than a year since we lost Rugby, and it was time–for me, way past time. We met “Spuds” yesterday, who was being cared for by a wonderful woman who rescues and fosters abused and neglected dogs. Poor Spuds was given up to one rescue organization by his owner as a puppy, then adopted by a horrible woman who kept him in a tiny room and seldom fed him. A month ago, when he was removed from this monster’s home, he was about 20 pound underweight and suffering from malnutrition. You wouldn’t know it to meet him. Spuds is all white with a brown spot over one eye and flip-over ears, obviously some kind of pitbull-terrier mix.  He’s 2 and a half year’s old, and, incredibly, trusting and eager to make friends with all dogs and people. He still has some rehabilitation to go through, but he’s a lively, athletic, loving dog with a sweet temperament, almost Rugby-like, but twice the size. Perfect.

1. “Nah, teachers aren’t out to indoctrinate children!”  Matthew Kay, who teaches English at Philadelphia’s Science Leadership Academy, wrote on Twitter that he is concerned about parents over-hearing their children’s Zoomed instruction from teachers like him:

“So, this fall, virtual class discussion will have many potential spectators — parents, siblings, etc. — in the same room. We’ll never be quite sure who is overhearing the discourse. What does this do for our equity/inclusion work? How much have students depended on the (somewhat) secure barriers of our physical classrooms to encourage vulnerability? How many of us have installed some version of ‘what happens here stays here’ to help this? While conversations about race are in my wheelhouse, and remain a concern in this no-walls environment — I am most intrigued by the damage that ‘helicopter/snowplow’ parents can do in the host conversations about gender/sexuality.” And while ‘conservative’ parents are my chief concern — I know that the damage can come from the left too. If we are engaged in the messy work of destabilizing a kid’s racism or homophobia or transphobia — how much do we want their classmates’ parents piling on?”

I have long advocated parents auditing their child’s classes just to prevent the kind of “teaching” Kay apparently engages in. It’s a basic tenet of practical ethics that if someone is a afraid of conduct becoming known, they know what the are doing is wrong, or may be viewed as wrong. Teachers have no justification for hiding the content of their classes from parents.

When Kay’s sinister comments prompted what should have been predictable criticism, he made his Twitter account private. Of course he did.

2. I saw this, thought it was too silly for words, then reader Michael sent me a link, and now I have to flag it.   I’ve seen “Kindergarten Cop” several times; it’s one of my wife’s favorites, and one of “Ahnold’s” best. The unlikely story of a huge police detective with an Austrian accent going undercover as a kindergarten teacher to catch a criminal before he can  kidnap and harm his estranged wife and their child, it’s funny and sweet, and intermittently exciting. However police-o-phobia is rampant during The Great Stupid, especially among hysterics and anarchists. So now that benign film has been declared dangerous.

Willamette Week reported that the movie was pulled from its slot at the Northwest Film Center’s drive-in summer cinema series in Portland after it was called offensive by deranged local author Lois Leveen. “There’s nothing entertaining about the presence of police in schools, which feeds the school-to-prison pipeline” she tweeted. Yes, that’s all it takes now for spineless administrators to cancel people, art, entertainment, anything.

Leveen even provided a perfect opening to shut her down with a curt, “You need help, Lois. Really. Trust us on this. This is pathetic” when, in an email, she compared “Kindergarten Cop” to “The Birth of a Nation.”

Right, Lois. And “Toy Story” is like “Triumph of the Will.” Continue reading →

Saturday Ethics Depression, 8/8/2020: Irresponsible Parents, Irresponsible Voters, Irresponsible Troll-Makers

This is my state of mind today.

I began today driving for two hours to find a meeting for which I had been given the wrong address, and, like the fool that I have always been, didn’t bring along the phone number of anyone who could help me. It is during ordeals like this that I begin to reflect on what a failure and underachiever I am, and how I really don’t have enough time left for turnaround. All that privilege,  and good fortune, wasted. And I have no one to blame but myself.

Then I had to write about the stuff you’ll find below, and I got really depressed.

1. “Nah, there’s no mainstream media bias, and why aren’t you agreeing with what I say?” House Speaker Nancy Pelosi got angry when PBS NewsHour” anchor Judy Woodruff dared to ask a question that cahllenged the Democratic Party position in dispute with Republicans on over the content of a “Phase 4” Wuhan Virus aid bill.

When Woodruff asked Pelosi about the “flexibility” GOP lawmakers are showing in terms of allocating more money for state and local governments, as well as Republican arguments that “much of the money” allocated in the CARES Act “has not even been spent yet,” Pelosi snapped,  “Well, if you want to be an advocate for them, Judy, if you want to be an advocate for them, listen to what the facts are.”

In other word, “Hey! You’re supposed to be on our side!”

Actually, ethical journalists are not supposed to be on anyone’s side, but that quaint ethics  concept has been abandoned by virtually all journalists, including  Woodruff.

“I’m playing devil’s advocate here,!” Woodruff protested. You know, the devil, Republicans—same thing!

2. Better yet, don’t ride the subway! Here is a Wuhan virus safety sign from the New York City subways.

In addition to telling people they should wear masks, it goes to the next level and wants people to avoid interacting at all. This is incompetent messaging and  shows a basic misunderstanding of humans in general and American in particular. It also makes me suspicious: Big Brother is still working to make as all compliant automaton. If we can’t talk, we can’t resist.

It reminds me of the early “don’t touch you face!” warnings. People touch their face thousands of times a day. That message made me skeptical of all the advice from “experts” and governments, and indeed, you hardly hear it any more.

Social interaction is essential to life. Continue reading →

From The “When Ethics Alarm Don’t Ring” File, Presidents Of Evangelical Christian Universities Division.

Yes, that really is Liberty University President Jerry Falwell Jr. smiling, with his pants unzipped, as he poses with an arm around a scantily dressed young woman who is not his wife. And get this: Falwell posted the photo to social media himself. He really did. No, seriously.

I’m getting frightened, because this episode suggest that The Great Stupid is extending beyond the boundaries of the George Floyd Freakout and the 2016 Post Election Ethics Train Wreck, and infecting people that have nothing to do with either. This means, if true, that The Great Stupid can strike any of us without warning. One minute you are arguing about the perils of the National Debt heading into the Red Zone, and suddenly Rep. Ocasio-Cortez starts making sense to you, and you’re sticking shrimp up your nose.

What in the world was Falwell thinking? This would be crazy for the President of Berkeley, and his university is one of the most conservative institutions in the nation,  prohibits students from having sexual relations outside of marriage,  listening to music with lewd lyrics, or watching films with sexual content, and nudity. Students are also required to dress modestly. Great role model, there, Jerry! Continue reading →

Ethics Dunce: Stockton University (NJ), And Anyone Else Who Thinks A Photograph Of The President Of The United States Constitutes “Taunting”

“OH NO! TAKE IT AWAY! IT’S EVIL!!! EVIL!!!

I am about to conclude that schools and universities keep attempting to unconstitutionally smother students’ freedom of speech and expression because they think eventually the culture will just give in and let them enforce viewpoint conformity.

In the alternative, the people who run these institutions are just dumb as a box of nutcrackers.

Let’s take Stockton College in New Jersey, for example.

Doctoral student Robert  Dailyda used a photo of the President of the United States as his Zoom background during a July 1 virtual class. Some students complained, and he administration wrote in an incident report that the photo caused students “to feel offended, disrespected, and taunted.” Such students should have been told, in no uncertain terms, “Donald Trump is President of the United States, and the elected leader of the government of the nation in which you live. If his picture makes you feel offended, disrespected, and taunted, feel free to visit the campus mental health facilities. In the alternative, grow the hell up.”

Instead, ten days later and being Summa Cum Ethics Dunces, Stockton’s administrators called the student in “on the carpet”  to justify his political views, claiming that students were offended by the Zoom background of the Evil POTUS, Dailyda’s comments in the subsequent GroupMe chat in which he was attacked by other students in the class, and his subsequent Facebook post defending his rights to express his opinion. The university claimed that students also found that post “offensive, threatening, and concerning.”

The “offensive, threatening, and concerning” post read, Continue reading →

Fire These Free Speech-Chilling School Administrators

Hannah Watters, a sophomore at North Paulding High School outside Atlanta, took a cell phone photo of her school’s crowded  hallways showing few students wearing masks.  She posted it to social media, and the school suspended her.
Then Hannah’s mother, Lynne Watters, spoke with the school’s principal by phone. The school immediately backed down, and said her daughter  would not be suspended, nor would a suspension  appear on her daughter’s record. That’s nice, but it’s too late. You can’t undue blatant intimidation designed to crush basic rights. The fact that she would be suspended at all, regardless of how long, because the school was embarrassed by its own conduct shows an administration that will abuse its power to cover up its incompetence.

Time to clean house. Fire them all. Continue reading →

Sorry, Gandhi: Hunger Strikes Are Unethical, And Organizations Should Not Respond To Them

Maha Alshawi, a Dartmouth graduate student in the computer science department, accused computer science professor Alberto Quattrini Li of multiple incidents of sexual misconduct. She also accused science department chair Prasad Jayanti  of unfairly failing her on an exam and giving her a “low pass” as a teaching assistant as retaliation  after she raised concerns about Li. The student has called on Dartmouth to conduct a “clear and fair investigation” of the alleged harassment. The College, however, has stated that it has concluded evaluating the allegations through all applicable procedures.

On July 14, the first-year Ph.D. student began a  hunger strike , publicly posting on Facebook that she would not eat  “because the Title IX office conducted [an] unfair assessment” of her case. Seven days later,  Dartmouth announced that it would conduct another review of Alshawi’s claims if she agreed to end her protest and seek medical attention. She would not agree.

This week, on the 22nd day of Alshawi’s hunger strike, Dartmouth announced that it will launch an external investigation into her harassment allegations.  Alshawi says  she will not stop her hunger strike and will  begin a “thirst strike,” refusing to eat or drink until the external investigation has officially begun.

The College wrote in its statement that “in the interest of [Alshawi’s] safety and in keeping our commitment to Ms. Alshawi,” an external investigation would be opened “in addition to the extensive assessment and multiple reviews Dartmouth has previously undertaken.”

Dartmouth’s capitulation is irresponsible and incompetent.  The school has done nothing to jeopardize Alshawi’s safety. She is threatening herself. In fact, this “Blazing Saddles” scene comes to mind: Continue reading →

Is It Time To Declare Teachers Unions “Enemies Of The People”? [CORRECTED]

.Back when Silent Calvin Coolidge was Governor of Massachusetts, his response when much of the Boston Police Department went on strike in 1919 was to draw a line in the metaphorical sand that has stiffened the spine of many executives since, notably Ronald Reagan when the air traffic controllers tried to extort the nation. Responding to labor leader Samuel Gompers, who asserted that the police were in the right, Coolidge responded via telegram on September 14, 1919 , “There is no right to strike against the public safety by anyone, anywhere, any time.”

Public unions are an ethics abomination, permitting employees to essentially hold the public hostage. The current conduct of teachers unions, flexing their muscles and attempting to use their leverage over children to push an ideological agenda largely unrelated to education, may not be endangering public safety in the strict terms of Coolidge’s day, but we need a new Calvin to expand his principle  to hold that there is no right to strike against the public welfare. Continue reading →