Newspaper column: Does the 14th Amendment require ‘birthright’ citizenship?

Following up on a stance taken during his election campaign President Donald Trump now says he will sign an executive order ending so-called “birthright” citizenship.

Trump told “Axios on HBO” he wants to “remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S. soil.”

“How ridiculous, we’re the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen of the United States for 85 years with all of those benefits,” the president was quoted as saying. “It’s ridiculous. It’s ridiculous. And it has to end.”

As he did during the campaign Trump could not resist tweaking Nevada’s longtime senior Sen. Harry Reid.

“Harry Reid was right in 1993, before he and the Democrats went insane and started with the Open Borders (which brings massive Crime) ‘stuff.’ Don’t forget the nasty term Anchor Babies. I will keep our Country safe. This case will be settled by the United States Supreme Court!,” Trump wrote on Twitter.

In a 2015 position paper on immigration Trump said, “End birthright citizenship. This remains the biggest magnet for illegal immigration. By a 2:1 margin, voters say it’s the wrong policy, including Harry Reid who said ‘no sane country’ would give automatic citizenship to the children of illegal immigrants.”

Of course, Reid’s 1993 speech on the floor of the Senate was a rare lapse into rational thought, which he now says was a mistake and argues, “Immigrants are the lifeblood of our nation.” As opposed to citizens?

But in 1993 Reid said, “If making it easy to be an illegal alien isn’t enough, how about offering a reward for being an illegal immigrant? No sane country would do that, right? Guess again. If you break our laws by entering this country without permission and give birth to a child, we reward that child with U.S. citizenship and guarantee access to all public and social services this country provides. Now that’s a lot of services. Is it any wonder that two-thirds of the babies born at taxpayer expense at county run hospitals in Los Angeles are born to illegal alien mothers?”

The argument that children born on U.S. soil are automatically U.S. citizens is loosely grounded in the 14th Amendment, passed after the Civil War, which says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States …”

The contention revolves around the phrase about being subject to U.S. jurisdiction.

In testimony before Congress in 2015, John C. Eastman, a law professor at Chapman University and founding director of the Claremont Institute Center for Constitutional Jurisprudence, explained the origin and meaning of the 14th Amendment citizenship clause.

He said the 1866 Civil Rights Act, from which the 14th Amendment was drafted, says, “All persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States.”

Eastman concludes, “As this formulation makes clear, any child born on U.S. soil to parents who were temporary visitors to this country … remained a citizen or subject of the parents’ home country …”

Some say birthright citizenship is the result of the 1898 Supreme Court case of U.S. v. Wong Kim Ark in which the court ruled 5-4 that a child born in the U.S. of parents of Chinese descent is a citizen by virtue of birth under the 14th Amendment. The Chinese Exclusion Act barred citizenship for the Chinese, though the parents were legal permanent residents. There was no such thing as an illegal immigrant at the time.

In fact, American Indians born on U.S. soil were not deemed citizens until the Indian Citizenship Act was passed in 1924. As columnist Hans von Spakovsky has noted, “There would have been no need to pass such legislation if the 14th Amendment extended citizenship to every person born in America, no matter what the circumstances of their birth, and no matter who their parents are.”

While Trump likely doesn’t have the legal authority to issue an executive order ending birthright citizenship, Sen. Lindsay Graham of South Carolina has said he would introduce legislation to do so.

Either way, there is sure to be litigation all the way to the U.S. Supreme Court, which does have the authority to settle the matter.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper column: These are the best choices to send to Washington

It is vital for rural Nevada that we send representatives to Washington who will defend us from the encroachment of the federal bureaucracies.

When it comes to the race for the Senate seat, the choice is obvious. Republican Sen. Dean Heller knows rural Nevada and what its residents need to survive and prosper.

His opponent — one-term Democratic representative Jacky Rosen — would modify the Trump tax cuts, block the nomination of conservative judges and justices, bar the use of public lands, push socialized medicine, big government spending and generally side with the radical left that is so entrenched in Washington.

Heller would continue to work to create jobs and improve the economy.

“As a lifelong Nevadan and rancher, I am fighting hard to ensure that Nevadans have access to our public lands for multiple-use purposes such as grazing, economic development, and recreation,” Heller says on his campaign website. “Without a doubt, the federal government owns too much land in the West. Because 87 percent of Nevada’s land is managed by the federal government, I believe Congress should transfer some of our lands to the state and local governments.”

Heller also promises to work to responsibly develop energy resources on public lands to keep fuel prices low.

He also opposes the government takeover of health care, saying, “Now, Obamacare is costing jobs, stifling economic growth in our nation, and the cost of care has increased.”

The Republican senator also has a track record of pushing for border security and immigration reform.

“Big government is not the answer to fixing our economy,” Heller warns. “Congress needs to control wasteful spending and shrink the size of government. Adopting pro-growth policies that expand tax relief across the board and allow Americans to keep more of what they earn will lead to job creation and economic prosperity in the future. Capitalism is the foundation of America’s prosperity. We should embrace these principles, not run from them.”

As for the candidates for the House of Representatives for rural Nevada, Republicans Mark Amodei and Cresent Hardy are the clear choices.

Amodei has represented the 2nd Congressional District in northern Nevada since 2011.

His Democratic opponent Clint Koble opposes selling public land and advocates reinstating ObamaCare and expanding Medicaid. Koble bemoans what he calls a wealth gap and claims the tax cuts have not benefited workers and “its worst provisions should be reversed.” He also favors instant background checks of all gun sales and promotes expensive renewable energy boondoggles.

Amodei is a strong defender of the right to keep and bear arms. He has sponsored bills that encourage economic development in rural counties.

“A significant issue for Nevadans, which dovetails with economic growth, is public land management. I believe that it is possible to leverage our natural resources in an economically and environmentally responsible way,” Amodei relates on his campaign website. “As a member of the House Interior Appropriations Subcommittee, I am advancing legislation to strengthen local control over the federal lands, which compromise more than 85 percent of the state. I think that local communities should be able to decide for themselves the best uses for public lands to spur economic growth.”

The congressman was a strong supporter of the tax cuts bill and advocates legislation to undo the worst problems with ObamaCare.

Republican Cresent Hardy is seeking a return to southern Nevada’s 4th Congressional District seat, which he won in 2014 by defeating incumbent Democrat Steven Horsford but lost in 2016 to Democrat Ruben Kihuen, who is not running for re-election after being accused of sexual harassment. Horsford is the Democrat nominee again this year.

Hardy is the clear choice for southern Nevada.

One of the starkest differences between Hardy and Horsford is on health care. Horsford backs ObamaCare and has said he favors transitioning to the socialized medicine proposal known as Medicare-for-all being pushed by socialist Sen. Bernie Sanders.

“Management of healthcare policy at the state level would help to mitigate fraud and abuse, while ensuring that each state develops programs that best suit the needs of their residents,” Hardy says on his campaign website. “A one-size-fits-all approach does not work on an issue as complex as healthcare coverage. Reform is needed. However, the ACA (Affordable Care Act or ObamaCare) is far over-reaching, expensive, and detrimental to our fragile economy.”

Horsford supports raising the minimum wage to $15 an hour, while Hardy opposes it as harmful to small businesses and to younger unskilled workers.

Hardy favors state and local control of public lands, while Horsford opposes this.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Trump says he will sign executive order ending ‘birthright’ citizenship

 

Donald Trump outlines his immigration policy in 2015 and compares his stance on birthright citizenship to that of Harry Reid.

Following up on a stance taken during his election campaign President Trump says he will sign an executive order ending so-called “birthright” citizenship.

According to CBS News, Trump told “Axios on HBO” he wants to “remove the right to citizenship for babies of non-citizens and unauthorized immigrants born on U.S.-soil.”

“How ridiculous, we’re the only country in the world where a person comes in, has a baby, and the baby is essentially a citizen of the United States for 85 years with all of those benefits,” the president was quoted as saying. “It’s ridiculous. It’s ridiculous. And it has to end.”

During the campaign Trump released a position paper on immigration that also took a potshot at Nevada’s then-Sen. Harry Reid. “End birthright citizenship. This remains the biggest magnet for illegal immigration. By a 2:1 margin, voters say it’s the wrong policy, including Harry Reid who said ‘no sane country’ would give automatic citizenship to the children of illegal immigrants.”

Of course, Reid said in 1993 and, as with so many other positions over the years, he has since “evolved” to the opposite stance.

“If making it easy to be an illegal alien isn’t enough, how about offering a reward for being an illegal immigrant? No sane country would do that, right? Guess again. If you break our laws by entering this country without permission and give birth to a child, we reward that child with U.S. citizenship and guarantee access to all public and social services this country provides,” Reid said on the floor of the Senate in 1993 in support of a bill that would eliminate so-called birthright citizenship. “Now that’s a lot of services. Is it any wonder that two-thirds of the babies born at taxpayer expense at county run hospitals in Los Angeles are born to illegal alien mothers?”

CBS quotes the 14th Amendment, passed after the Civil War, as saying “all persons born or naturalized in the United States are citizens,” though they left out a phrase: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States …”

CBS noted that the Supreme Court has upheld this rule for legal permanent residents, but has never decided a citizenship case involving an illegal immigrant or a short-term visitor to the U.S.

Birthright citizenship is the result of the 1898 Supreme Court case of U.S. v. Wong Kim Ark in which the court ruled 5-4 that a child born in the United States of parents of Chinese descent is a citizen by virtue of birth under the 14th Amendment. At the time there was no such thing as an illegal immigrant.

It has been argued that Congress could overturn birthright citizenship, but can Trump with an executive order? There is sure to be litigation if Trump follows through on this.

Trump on HBO:

Reid in 1993:

Newspaper column: Stop wasting taxpayer money on secret UFO studies

Reid being interviewed on KLASA-TV

As they say on “The X-Files,” the truth is out there.

Apparently it is still out there, because no one has revealed it. Maybe that is because it is classified. Yeah, that’s the ticket. It’s classified.

In December, The New York Times revealed that former Nevada Sen. Harry Reid had secretly managed in 2007 to direct $22 million in taxpayer money to a secret UFO study, with much of the money going to Reid crony and contributor Robert Bigelow of Las Vegas.

The program was called the Advanced Aerospace Threat Identification Program (AATIP), apparently the linguistic avatar for UFO studies.

According to the Times, money was spent by Bigelow’s company, Bigelow Aerospace, to hire subcontractors and solicit research, as well as modifying buildings in Las Vegas for the storage of metal alloys and other materials “recovered from unidentified aerial phenomena.”

The Defense Department told the Times the funding dried up in 2012, but Reid told the newspaper that only he and Sens. Ted Stevens of Alaska and Daniel Inouye of Hawaii knew about the funding to begin with. So how do we know it ended?

“This was so-called black money,” Reid was quoted as saying. “Stevens knows about it, Inouye knows about it. But that was it, and that’s how we wanted it.” And you thought it took a majority vote.

Both Stevens and Inouye have since died. Reid retired from office this past year.

The Times further noted that in 2009 Reid wrote a letter to William Lynn III, a deputy defense secretary at the time, requesting the creation of a highly secret, severely limited access program, because “much progress has been made with the identification of several highly sensitive, unconventional aerospace-related findings.”

The paper also reported that a 2009 Pentagon briefing on the study claimed “what was considered science fiction is now science fact” — without explanation as to what that might be — but Reid’s request for the super secret squad reportedly was denied.

Recently a Las Vegas television station got its hands on that 2009 letter and posted a copy online.

The letter is a buzzword- and jargon-filled screed claiming extraordinary findings without a shred of supporting documentation or evidence. It never mentions unidentified flying objects or UFOs. Instead it talks about “emerging disruptive aerospace technologies … in regard to advanced lift, propulsion, the use of unconventional materials and controls, signature reduction, weaponry, human interface and human effects.”

The second paragraph, which was partially quoted by the Times, reads: “Since the Advanced Aerospace Threat and Identification Program (AAITP [sic]) and study were first commissioned, much progress has been made with the identification of several highly sensitive, unconventional aerospace-related findings. Given the current rate of success, the continued study of these subjects will likely lead to technology advancements that in the immediate near-term will require extraordinary protection.”

What progress? What rate of success? Extraordinary protection from whom? The taxpayers?

In fact, Reid’s letter specifically states that it is critical for industry partners to be protected, lest public awareness of such folly discourage industry participation.

Reid’s letter further states, “Associated exotic technologies likely involve extremely sophisticated concepts with the world of quantum mechanics, nuclear science, electromagnetic theory, gravitics, and thermodynamics. Given that all of these have the potential to be used with catastrophic effects by adversaries, an unusually high degree of operational security and read-on discretion is required.”

Gravitics? That’s not science. It is science fiction.

The Las Vegas television station also posted what is reportedly a list of studies funded by Reid’s largesse with our money. Titles include “Wormholes in SpaceTime,” “Antigravity Studies,” “Vacuum Energy Applications,” “Warp Drives, Dark Energy, and Dimensions,” “Quantum Entanglement Communications,” “Brain-Machine Interfaces” and “Quantum Tomography of Negative Energy States in the Vacuum.”

The word quantum merely means a specified quantity.

At least two people who have been identified as working without Bigelow on the materials “recovered from unidentified aerial phenomena” have declared they could not talk about their “findings” because they are classified.

Precisely how is the public ever to find out if their money — being spent in secret and producing only secret findings — has been well spent? That is the definition of unaccountability with the potential for chicanery and tomfoolery.

The truth may be out there, but how are we to know?

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Poll shows tight races for senator and governor

A poll for the Reno Gazette-Journal by Suffolk University of Boston shows both the race for Nevada’s governor and U.S. senator to be almost dead even. The paper concluded undecided voters could play a major role come November.

The poll of 500 likely voters has a margin of error of 4.4 percent.

This is how the race for governor stands:

This how the race for senator stands:

It looks like the campaign to defeat the Energy Choice Initiative, Question 3, is being effective. The measure passed with 72 percent of the vote two years ago:

Notice who has the highest unfavorable rating in the state:

Then there is the question of turnout by county. Those polled were:

The current active voters, according the Secretary of State, breaks down as Clark 69.3 percent, Washoe 17.7 percent and others 13 percent. But in the last mid-term election in 2014, the actual turnout was Clark 61.8 percent, Washoe 21.1 and others 17.1 percent. So, if the rural turnout is greater than the turnout in heavily Democratic urban centers that might make a difference. But as June the number of active voters in the rurals had dropped to 13 percent, down from 15 percent in 2014.

 

Editorial: Still time to negotiate on Yucca Mountain

Tunnel inside Yucca Mountain (Energy Department pix)

The U.S. House of Representatives voted overwhelmingly, 340-72, this past week to restart the licensing process to make Yucca Mountain in Nye County the nation’s permanent repository of nuclear waste. H.R. 3053, the Nuclear Waste Policy Amendments Act, also ups the ante, increasing the storage cap from 70 metric tons of highly radioactive material to 110,000 metric tons — a 57 percent increase.

All four of Nevada’s representatives voted nay, even Northern Nevada Congressman Mark Amodei, a Republican who in the past has held out for negotiations that might provide some benefits for Nevada.

Amodei issued a press release explaining that he voted against the bill after the House Rules Committee rejected an amendment he had proposed.

“Since I was elected to Congress, I have always said I do not believe Yucca Mountain should be a simple dumping site for our nation’s nuclear waste,” Amodei said. “Additionally, I have always been cognizant that policy makers should not consider Yucca Mountain to be a ‘dead’ issue, meaning Nevada’s congressional delegation should use this opportunity to dictate the terms of the repository under the best conditions for our state. That’s exactly what I chose to do this week by offering an amendment to H.R. 3053 that would have given Nevada a seat at the table to expand upon the mission of the repository.”

His amendment would have directed that the state’s higher eduction system would head up nuclear research and development, designated proper routes for transportation, cleaned up contaminated facilities in Nevada and required the Department of Energy to locate reprocessing facilities at Yucca Mountain instead of just burying the waste. He said reprocessing could create thousands of jobs and recycle spent fuel for further energy production.

Nevada’s Democratic representatives were all in over-my-dead-body mode.

“I have fought the misguided and dangerous Yucca Mountain nuclear waste dump project for my entire career and I’m not giving up,” said Rep. Dina Titus. “This legislation is fundamentally flawed and going nowhere in the Senate.”

Rep. Jacky Rosen, who is running for Republican Sen. Dean Heller’s seat in the upper chamber, called permanent storage of nuclear waste at Yucca Mountain a “reckless and ill-conceived plan that could put communities across the country in danger, jeopardize our military testing and training, waste billions more in taxpayer dollars, and harm Nevada’s tourism industry.”Though 119 Democrats voted for the bill and only 67 against, Rosen blamed the Republican-controlled Congress.

Lame duck Rep. Ruben Kihuen lamented, “I am disappointed that Congress has once again chosen to ignore the will of Nevadans and residents of Nevada’s Fourth Congressional District. 30 years have passed since Nevada was unfairly targeted by the ‘Screw Nevada’ bill and this new bill is nothing more than lipstick on a pig.”

Perhaps, Nevadans are not as knee-jerk opposed as some would have us believe.

Earlier this year, in an op-ed penned for the Reno newspaper, Dan Schinhofen, vice chairman of the Nye County Commission, noted that a poll taken by that newspaper showed 29.3 percent of respondents believed the project, if it included reprocessing, would be good for the economy, while 17.7 percent said Yucca Mountain would be OK if the state cuts a good deal, and 6.4 percent said Nevada should do it for national security — 53.4 percent open to discussion, as opposed to 43.4 percent who said the state should just fight the project.

Schinhofen wrote, “It is time to stop the unfounded fearmongering just to delay this multigenerational, multibillion-dollar project. Many, if not most, Nevadans want to have an honest discussion about Yucca Mountain, and the state’s politicians and opinion writers should start to listen.”

In a recent online article, retired Air Force Col. Bob Frank, chairman and co-founder of Nevadans CAN (Citizen Action Network), noted that recent breakthroughs in technology make it possible to safely and efficiently recycle spent nuclear fuel.

“The advanced reactors no longer require huge volumes of circulating external water to cool them,” Frank writes. “They can be independently installed anywhere in remote or populated areas where power is needed. They can produce uninterruptible power for 24/7/365 at varying levels for up to 30 years without needing more recycled fuel.”

He argues that Nevada has been an international pioneer in nuclear technology and could continue to lead the nation. Explore the possibilities instead of throwing a futile tantrum.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

 

Editorial: ObamaCare costs keep soaring

Premiums for ObamaCare-eligible health insurance plans are soaring this year, according to an analysis by the Urban Institute.

The study, sponsored by the Robert Wood Johnson Foundation, found that the lowest priced of the so-called gold plans that cover 80 percent of medical expenses for a 40-year-old non-smoker increased 19 percent nationally this year and 25 percent in Nevada. The lowest cost silver plans for that individual, which covers 70 percent of medical costs, went up 32 percent nationally and 45.6 percent in Nevada. The second lowest priced silver plans jumped 34.3 percent nationally and 48.3 percent in Nevada.

But not to worry, the Nevada Appeal newspaper in Carson City reports that more than 85 percent of the nearly 100,000 Nevadans who are covered by such plans through the Silver State Health Insurance Exchange will not pay much if any of that premium increase because they receive federal subsidies. Guess who pays those federal subsidies? All of us.

The Appeal reports that, according to a recent report by the Congressional Budget Office, the nationwide increase in premiums will cost the taxpayers $10 billion more in subsidies this year.

Of course, a state health exchange executive blamed the premium spikes on “instability in the health insurance market — much of it caused by tactics designed to undermine the Affordable Care Act. That includes the decision to stop paying insurance companies for the Cost Sharing Reduction subsidies mandated by the ACA for consumers making between 138 and 250 percent of the poverty level,” the Appeal explained.

The taxpayers get stuck with the bill either way — subsidize the insurer or subsidize the rate payer. Six of one, a half dozen of the other.

During the debate this past year over those Cost Sharing Reduction subsidies, The Wall Street Journal reported, “In an ironic twist, stopping the subsidies would also wind up costing the federal government more in the end, the (Congressional Budget Office) report said. Higher premiums for mid-priced plans would require the government to pay larger tax credits to consumers to help offset coverage costs. The federal deficit would increase by $194 billion through 2026, the report said.” Instead of paying $7 billion in subsidies to insurers, we are paying $10 billion to ratepayers.

Pay no heed to the fact ObamaCare premiums have been rising sharply since the law was passed in 2010 without a single Republican vote and using dirty tricks devised by Nevada’s own Sen. Harry Reid. According to the website eHealth, from 2013, the year before ObamaCare went into effect, through 2017, health insurance premiums had already increased 140 percent. Forget repeal and replace, just repeal. Remember at the ballot box this fall just who brought us this expensive boondoggle and would vote to keep it.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.