Ethics Alarms Award Nominee

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

/ Jack Marshall / 24 Comments

(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 →

Morning Ethics Warm-Up, 8/13/2020: Kamala Harris Selection Hangover Edition [UPDATED]

/ Jack Marshall / 23 Comments

Hi!

In the 1945 drama “The Lost Weekend,” Ray Milland (above) played alcoholic Don Birnam, and won  the Oscar for Best Actor. The film also won the Oscar for Best Picture. Have you ever seen it? The film is virtually never shown on TV. Milland is another one of the once major Hollywood stars who are almost completely forgotten today, a fascinating group that includes Claire Trevor, Fredric March, Irene Dunne, John Garfield, and Norma Shearer, among others. If their major works were in black and white, they weren’t lucky enough to star in a film regarded as a classic, and they didn’t have a popular TV show when their movie career waned, the culture just forgets about them….and loses as a result. How many non-film nerd Americans under the age of 40 could recognize any of those actors, never mind all of them?

1. Nothing to see here: move along! Yesterday it was reported that the Democratic Party purchased the Antifa.com domain, and that clicks on the link went directly to the Biden campaign site. I checked: it did. Then, by 5:30 pm, the Biden redirect was eliminated. Res ipsa loquitur!

UPDATE: I’m putting an official question mark on this one. It is true that the Antifa.com went to Biden’s site, but that could have been a partisan dirty trick.  Of course, if true, this is the kind of story that the mainstream media would bury. If it was a set-up, it’s the kind of story the right-leaning media would credulously report as proof of Democratic de facto embrace of violence.

Trustworthy, objective journalists would be nice…

2. The vise tightens...Yesterday I noted that colleges and universities were increasingly cancelling their acceptances of students based on revelations of their past social media posts. In one case, Liberty Woodley, 17, the 2020 valedictorian of her high school class in Cape Coral, Florida., had accepted an offer to attend the University of Florida. Then a self-righteous and vicious  actress and “influencer” named Skai Jackson last month asked her more than 500,000 Twitter followers to send her screenshots of  “hateful” social media posts, so she could wrck lives and inflict pain on strangers. Someone sent in one of Woodley’s old Instagram posts in which she wrote when she was 16.

“I really try so hard not to be a racist person, but I most definitely am, there’s no denying it,” it said. Based on that, her acceptance was revoked.

 In an interview with The Gainesville Sun,  Liberty explained that had written the post out of anger at a time when she was being constantly bullied by some black classmates. “I am not racist at all, and I am not full of hate,” she said.  Well, there’s a Catch-22 for you! Oprah Winfrey and others are haranguing whites to admit their inherent racism as a first step to addressing “systemic racism,” but if they do what is asked, it means they are hateful and must be cancelled.

What do you want to bet that Liberty will vote for all Democrats in November? Continue reading →

Ethics Quote Of The Week: Ann Althouse

/ Jack Marshall / 7 Comments

“I saw in a tweet that [Biden] was forefronting the Charlottesville “fine people” hoax… despicable. They have chosen quite deliberately to commit to a lie that is intended to make black people feel hated and they are doing it for political gain… I blogged in April 2019, “If Biden does not come forward and retract [a video relying on the Charlottesville hoax] and apologize and commit himself to making amends, I consider him disqualified. He does not have the character or brain power to be President.” Now, more than a year later, Biden has done the opposite. He’s doubled down on the lie and he’s making it the centerpiece of his campaign!”

—-Retired law professor/blogger Ann Althouse this morning, reacting to “Joe Biden and Kamala Harris Speech Transcript August 12: First Campaign Event as Running Mates.” 

Here’s the tweet:

Ann could be best described as an  old school  moderate Democrat, which in today’s environment means she is a conservative, a racist, and a traitor. She is shocked—shocked!—that the Democratic nominee for President would advance a false narrative based on Big Lie #3, arguably the foundational lie of the “resistance” that has been repeated by activists, pundits, reporters and Democratic leaders and elected officials for nearly four years. That Big Lie is “Trump Is A Racist/White Supremacist.”

The Charlottesville canard has become the go-to “proof” of the President’s racism by the Trump Deranged, either through ignorance (from believing the news media) or malice. To refresh your memory (and give you a quick reference to cut and paste into social media posts to shake on your “friends'” cyber-faces, here is the relevant section from the “Big Lies” compendium: Continue reading →

It looks Like Biden Has The Hypocrite Vote Locked Up!

/ Jack Marshall / 13 Comments

Shaun King is a social justice warrior star and a Black Lives Matter shill. As far as I can determine, King is black the way Elizabeth Warren is Cherokee. Never mind: he has built his career on identifying as a victimized person of color because, he says, his mother told him his father wasn’t the white man on his birth certificate, but a light-skinned black man. For many, many reasons, I wouldn’t trust anything Shaun King  says or writes, nor would I trust him to mail my water bill. One litmus test for me: he still claims Mike Brown was murdered by a racist cop. He is the very model of a modern major advocate of “Facts Don’t Matter.”

Here, next to King’s tweet about Biden and Harris from two years ago,  is his tweet yesterday celebrating Super-Hypocrite Kamala Harris’s selection as Joe Biden’s running mate.

To be fair, did say 1%. Continue reading →

Censorship, Indoctrination And Intimidation Watch, Part I [Corrected]

/ Jack Marshall / 26 Comments

Not my meme, but it fits!

Constitutional Law Professor Jonathan Turley has been on what for him qualifies as a rampage lately, condemning efforts from the Left  to intimidate and punish anyone who isn’t in lockstep with its current agenda. Those nay-sayers are  racists and hate-mongers, you see.

Turley is always labeled a “liberal professor” by the conservative media, and once that would have been an accurate description. He, however, has remained true to his ideals while his party (he is, or was, a Democrat) and its allies moved sharply in the direction of leftist totalitarianism. Dissent on the Left or opposing the Left is no longer countenanced in most universities, in news organizations,  even in business and non-profit organizations. When Turley made legal mincemeat out of the Democratic argument for impeachment, students at American University tried to get him fired.

Turley believes in academic freedom to the extreme, as well as the First Amendment, of course, and he is properly alarmed to see professors (and others) facing institutional hostility or worse because of non-conforming views. I’ll discuss some of his recent targets in Part 2.

He  hasn’t covered this story so far. Continue reading →

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

/ Jack Marshall / 15 Comments

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 →

Yes, I’m Blaming The Victim: Ben Gravolet Is An Ethics Dunce. And A Jerk

/ Jack Marshall / 5 Comments

You may have missed it, but Ellen DeGeneris, the queen of daytime talk shows whose brand has always been her niceness, has had her once impeccable  reputation sullied lately as employees of her show have complained about a “toxic environment” that the star did nothing to address. There’s an investigation now, and Ellen is rumored to be considering leaving “Ellen,” meaning that instead of toxic employment, her staff and production crew will have no employment at all.

In the midst of this crisis for DeGeneris, sensing a cheap opportunity to grab some publicity, kick her when she’s down, and apparently seek vengeance for a slight that he has obsessed about for more than 40 years, a man named Ben Gravolet has come forward to tell the world that…..what, that DiGeneres sexually molested him? That she was secretly working for Fidel Castro? No, Ben accused Ellen of being mean to him when he was 11 years old.

We should have seen this coming, for it is the dangerous slippery slope Christine Blasey-Ford’s dubious accusation against Bret Kavanaugh greased. Continue reading →

OK, What’s Going On Here?

/ Jack Marshall / 18 Comments

In the Washington Post yesterday, the Washington Post’s Sunday “Outlook” section included an op-ed in which  Lawrence Downes,  a former member of the New York Times editorial board, enthusiastically wrote about his new pastime:

[I have] right-wing culture war books from the Fox-News-angry-White-person’s superhero universe. Besides Hannity, I’ve got Lou Dobbs, Michelle Malkin, Ann Coulter, Laura Ingraham, Rudy Giuliani and Bernie Kerik. The list is not comprehensive. It includes Karl Rove and Hugh Hewitt but not Newt Gingrich, Tucker Carlson or Donald Trump…The Fox folks seemed so bilious and out of place in that pleasant company, like toadstools among the daffodils. So I’d buy them up and take them home. Not for reading, which brought no pleasure, but for quarantine. The books are dispatches from a phony war, the one Rupert Murdoch and Roger Ailes helped gin up and got obscenely rich on. If you believe, as I do, that the plutocrat propagandists of Fox, talk radio and the GOP are lying liars who have vandalized our politics and country, then finding a Hannity or Ingraham book is like finding one of their bricks. The books piled up in my basement, out of circulation (which was the point) but always naggingly present, like asbestos. I wanted to be rid of them. And yet I paused, because even contemplating destroying books felt terrible…

I hit on the answer…. About once a week, I tear them into strips. I add them to the coffee grounds, potato and carrot peelings, onion and avocado skins, asparagus stubs, the papery bits of garlic, eggshells and dead flowers, and let the worms do the rest…

Turning propaganda into worm castings is not going to measurably reduce the amount of Fox News-iness in the environment. It is not strictly necessary. But if Hannity and company want to keep telling us that we are all at war, to keep stoking the flames and fanning the fear, then, for the good of this country, the people we love, the democracy we might lose and the world we want, so be it.

What’s going on here? Continue reading →

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

/ Jack Marshall / 6 Comments

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 →

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

/ Jack Marshall / 17 Comments

“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 →