Pass Constitutional Citizenship!

___Once the SCOTUS rules, the decision becomes a precedent for future decisions. In 1857 in the Dred Scott decision no black of African descent could be a citizen of the United States. The 14th Amendment was necessary to overturn this decision. It gives two conditions for citizenship: 1) All persons born or naturalized in the United States , and 2) subject to the jurisdiction thereof. The second condition meant exclusive allegiance to the United States. This meant, for example, that families of ambassadors and other foreign officials with diplomatic immunity who had a baby born in the United States would not receive citizenship for their baby.

___In 1898 SCOTUS changed the rules to citizenship. The second condition no longer applied. Chief Justice Fuller dissented that birthright citizenship had been repealed by the principles of the American Revolution. Thomas Jefferson had argued that it was a natural right possessed by all men to leave the country [England] where “chance and not choice” had placed them. The natural right to revolution is the perfect antithesis of “perpetual allegiance.” Our founding fathers had renounced their allegiance to England in the Declaration of Independence in 1776. King George disagreed and the war for American Independence was fought (1775-1783 and 1812-1815).

___It is Congress, the peoples' elected representatives, who must decide the matter. Do we want the birthright citizenship of 18th century England and of the 1898 SCOTUS, or do we want citizens who have exclusive allegiance to the United States? Should prisoners of war be brought onto American soil (i.e. from GITMO) and given privileges and immunities of citizens?

Is Birthright Citizenship Constitutional?

___The argument that an illegal alien can step into the United States, claim legal and political jurisdiction, and confer citizenship to their child is insane. People claiming to be Constitutional experts saying that the 14th Amendment allows birthright citizenship are dead wrong. The 14th Amendment didn’t even give citizenship to Native Americans, why would it give citizenship to illegal aliens? The Constitution is on our side in a second way: Article 1 Section 8, which grants plenary power to Congress to establish a uniform rule of naturalization. We’re tired of being told someone can come into our country illegally, claim citizenship, and we’re told there’s nothing we can do about it. We have policies that promote illegal aliens and illegal alien children more than the American citizen and American child – we’re committing national suicide.

Read more at:

http://conservativebyte.com/2015/08/mark-levin-congress-can-end-birthright-citizenship-without-amending-the-constitution/

Flat Tax v. Fair Tax

___The Flat Tax is becoming popular again. Steve Forbes has been a supporter for years. Ben Carson with his tithe is favoring a Flat Tax. It is still an income tax and there is still an I.R.S.! Will it be truly flat? Most will insist on deductions for charitable giving and mortgage interest. How many other "must have" deductions would have to be kept? Steve Forbes "post card return" will grow!

___The Fair Tax is a consumption tax. The first step is the repeal of the 16th Amendment. That gets rid of the income tax legally and most if not all I.R.S. employees. Ted Cruz would jokingly send them to guard our southern border, and I must admit I.R.S. auditors could scare illegals. The Fair Tax is not regressive like a simple sales tax. It has a prebate which sends a monthly check for necessities - up to the poverty level - to everyone. As Huckabee has stated F.I.C.A. taxes on wages are not sufficient to fund Social Security and Medicare/Medicaid. Capital gains and illegal income are not taxed. Eventually these programs will be bankrupt and must be paid from general funds. Christie is also correct that the eligibility age must be gradually increased. When passed in 1935 the average age at death was about 64 - less than the age for eligibility. The dramatic increase in life expectancy may not be ignored. As has been said entitlement reform must be discussed since it plus interest make up 71% of the budget. To continually debate the 29% discretionary part and ignore the 71% is folly!

___The truth is Congress must be forced to pass tax reform of any kind. Their power is in the 70,000 pages of favors and social engineering of the Code.

Ted Cruz on School Choice

___“The facts are unequivocal - school choice improves students' test scores, keeps them in school longer, saves taxpayer dollars, provides a safer learning environment, and increases competition and quality in traditional public schools.”

Scalia Dissent in King v. Burwell

___"This Court’s two decisions on the Act will surely be remembered through the years. The somersaults of statutory interpretation they have performed (“penalty” means tax … “established by the State” means not established by the State) will be cited by liti­gants endlessly, to the confusion of honest jurisprudence. And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites."

___Now the PPACA is being challenged again because SCOTUS has determined that it is a "tax" bill, but the LAW states:

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

___H.R. 3590, the bill that became Obamacare, was originally titled “Service Members Home Ownership Tax Act of 2009” and had nothing to do with health care.

___But to secure passage of Obamacare, the Senate decided to take this bill, which had passed the House, and gut it entirely, replacing the entire text of that bill with the Obamacare title and text and keeping only the bill number. After it passed the Senate, the House then approved the new Senate-drafted bill through a reconciliation bill. The House made no changes to the text, which, because of the Senate’s obscure procedural rules, meant that when the bill went back to the Senate, it was not subject to a filibuster. This was significant because, in the interim, Sen. Ted Kennedy, D-Mass., had died and been replaced by Scott Brown, R-Mass., thereby depriving the Democrats of the 60 votes they would need to defeat an otherwise inevitable Republican filibuster.

Can an American Lose Her/His Citizenship?

___”All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” My citizenship is due to my birth in Alabama. My father's citizenship is due to his birth in North Carolina. My mother's citizenship is due to her birth in Alabama. My wife was born in Scotland to a Polish father and a Scottish mother. They came to the United States when she was several months old. Persons not born in the United States may become citizens by rejecting allegiance to the country of their birth and swearing allegiance to the United States. In my wife's case she recited the pledge of allegiance daily in elementary school in Hawaii. All citizens must be subject to the jurisdiction of the United States.

___If an American citizen travels to another country with the intent of giving allegiance to the country or training to harm the United States, then her/his passport should be seized and destroyed. As enemies they should be rejected from ever entering the United States.