The way a significant number of the argument for defunding NPR after the firing Juan William's go something like this: "NPR receives federal funds and therefore violated Juan William's First Amendment Rights by firing him for his comments." Essentially saying that because NPR receives some federal funding, they are a quasi government entity and therefore must follow government personel rules. One website even went on to analyis NPR funding down to what it is indirectly receiving through tax exempt contributions.
It is harder to fire people in the government because there is the fear of politically motivated terminations that would have a chilling effect on government employees. Most private employment is at will and terminations can be for almost any reason. My question is: What if we started treating any entity that receives federal funding as a quasi governmental organization? General Motors? Citibank? Chase? What about Government contractors? Lockheed? Boeing? Worse yet, if you follow WND's analysis of indirect funding through tax benefits, this probably extends to any number of companies including all of Big Oil and Big Ag. Should all of these company be restricted in their ability to fire people because they receive federal funding either directly or indirectly?
This seems to me the logical extension of treating NPR like a quasi governmental organization because it receives federal funding and tax exemptions. To scream for the defunding of NPR because it fired someone over comments made to another media outlet could lead to the exact opposite of what Republicans profess to want. It would severily restrict private industry's ability to conduct its business.
If you want to defund NPR because you think the government should be in the media business that is understandable, but do not use NPR's business decision to fire Juan Williams as an excuse. It could lead down a road that no reasonable person would want.
Tuesday, November 02, 2010
Logical Extension of Cutting NPRs Funding Due to Juan William's Firing
Friday, April 16, 2010
Mr. Donofri's view on Natural Born Citizens
The paragraph as it appears on Lexis:
That neither Mr. Justice Miller, nor any of the justices who took part in the decision of The Slaughterhouse Cases, understood the court to be committed to the view that all children born in the United States of citizens or subjects of foreign States were excluded from the operation of the first sentence of the Fourteenth Amendment, is manifest from a unanimous judgment of the court, delivered but two years later, while all those judges but Chief Justice Chase were still on the bench, in which Chief Justice Waite said: "Allegiance and protection are, in this connection" (that is, in relation to citizenship,) "reciprocal obligations. The one is a compensation for the other: allegiance for protection, and protection for allegiance." "At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children, born in a country, of [*680] parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or [***902] natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction, without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts. It is sufficient, for everything we have now to consider, that all children, born of citizen parents within the jurisdiction, are [**469] themselves citizens." Minor v. Happersett, (1874) 21 Wall. 162, 166-168. The decision in that case was that a woman born of citizen parents within the United States was a citizen of the United States, although not entitled to vote, the right to the elective franchise not being essential to citizenship.
The court did not define "natural born citizen" as only children born in the US of US Citizens. It states that is has never been in question, but that there have been questions whether children born of forereign parents in the US are natural born citizens. The court also states they are not resolving that question.
The court states earlier that at Common Law in effect at the time the adoption of our Constitution, children born of foreign parents were considered natural born subjects/citizens, and that as of this desion, that common law rule continued to prevail:
It thus clearly appears that by the law of England for the last three centuries, beginning before the settlement of this country, and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction, of the English Sovereign; and therefore every child born in England of alien parents was a natural-born subject, unless the child of an ambassador or other diplomatic agent of a foreign State, or of an alien enemy in hostile occupation of the place where the child was born.
III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established. 169 U.S. 649 at 658.
V. In the fore front, both of the Fourteenth Amendment of the Constitution, and of the Civil Rights Act of 1866, the fundamental principle of citizenship by birth within the dominion was reaffirmed in the most explicit and comprehensive terms.
The Common Law of England was the law of our nation at the time of the adoption of the Constitution and has only been changed through legislative action and subsequent court decisions. It is should be noted that though the Court does not explicitly say that Ark was a natural born citizen, nor does it explicitly state that natural born citizens are limited to those born in US of US citizens. It merely states children born of foreigners within the bounds of the US are citizens. The questions of "natural-born citizenship" was not before the Court. Neither Minor or Ark state only children born in the US of US citizens are natural born citizens. However, the court in Ark seems to imply that at Common Law in place at the time of decision and the signing of the Constitution granted natural-born status to children born in the US to foreigners.
With regards to the translation of Mr. Vattel's "Law of Nations" stating that "The natives, or natural-born citizens, are those born in the country, of parents who are citizens." The Ark court specifically addressed the belief that the citizenship of children follow their parents. At pg 666-667, the Court specifically found that there was not such a law of nations at the time of the adoption of the constitution or the 14th Amendment: "There is, therefore, little ground for the theory that, at the time of the adoption of the Fourteenth Amendment of the Constitution of the United States, there was any settled and definite rule of international law, generally recognized by civilized nations, inconsistent with the ancient rule of citizenship by birth within the dominion." It is up to individual nations to determine their citizenship rules, so Mr. Vattel's statement has little bearing. I would also note that Mr. Donofrio's reliance on Chief Justice Marshall's adoption of Mr. Vattel's language in The Venus, 12 U.S. 253, 289 (1814), is perhaps misplaced as the Chief Justice was writing in concurrence, and his adoption of Mr. Vattel's language was not the decision of the court, a fact that is not noted. Mr. Vattel is also mentioned by the dissenting Justice in Ark, not by the majority.
The arguments in Mr. Donofrio's article are weak and a complete mischaracterization of the decisions in Minor, Ark, and The Venus. None of these cases stand for the proposition that a child born in the US of foreign parents is not a natural born citizen and raise good arguments for the opposite proposition, that any child born in the US, regardless of parentage, is a natural born citizen of the United States.
Friday, May 29, 2009
National Popular Vote Update
Why we have National Parks...again
Well, back in 2007, I posted this about National Parks. I have been doing some more traveling since then and here are some more beautiful shots of lands we have decided are worth protecting from development and resource exploitations:
Thursday, May 14, 2009
Is he a natural born citizen?
That is the question that the extreme right continues to ask, especially the people over at Worldnetdaily.
Thursday, December 18, 2008
Soda Tax
This is an interesting idea that Governor Patterson is suggesting: An 18% tax on sugary drinks to raise some money to help the NYS Budget. There are obvious questions as to what would constitute a taxable drink, but the op-ed brought up some stuff that I had never really thought about; like how for hunger purposes, your body treats soda like water, so after drinking this high calorie drink, you are still hungry and proceed to go eat that high calorie meal. This is what makes soda slightly different than Twinkies or whoppers. It also references the fact that smoking really didn't start dying out until a tax was put on it and that for every 10% tax on cigarettes, there was 3% drop in smoking and 7% drop among teens.
Friday, November 21, 2008
Burn Out
Like a lot of people, I am buuuuurrrrnnnnneeeed out from the election, so it is break time from Blogging. I will be back soon with such highlights as the Bush Administrations parting gifts.
Tuesday, November 04, 2008
Voter Turn Out
So I am glad to hear that there is huge turnout around the country. I am saddened to hear that a lot of polling places in previously low turn out districts are under staffed and having problems with their machines, including not having enough of them. But no matter what, it is incredible that so many people are coming out. It does surprise me in my neighborhood. I live in the most densly populated county in the country and when I went to the polls, only about 10 people had voted in my district as of 2pm. Great for me, short wait, but hopefully it comes up as the afternoon goes on.