Thursday, March 13, 2014

Partisanship and the Birther Hypocrisy


      In the media driven world of political sectarianism and or cultism, it’s really tempting to reflect back to the wisdom of George Washington. In his farewell address, at the completion of his second term, Washington voiced  several concerns. Elected, as he was, unanimously, he had seen the nation slide from a post war (relative) unanimity of political thought into the beginnings of more divisive elements in national political philosophies. His successor, John Adams, a Federalist, already elected, was saddled with a Vice President, Thomas Jefferson, with whom he had serious differences of opinion in many areas. Jefferson, having resigned as Washington’s Secretary of State, was a  Democratic-Republican (essentially an  Anti-Federalist), which put his viewpoint squarely in opposition to Adams’ Federalist outlook.

      In the speech, Washington said, among other things:  “Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the spirit of party generally” …. “It exists under different shapes in all governments, more or less stifled, controlled, or repressed; but, in those of the popular form, it is seen in its greatest rankness, and is truly their worst enemy.” ….. “ The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism”…...  this leads at length to a more formal and permanent despotism.” ….. “It serves always to distract the public councils and enfeeble the public administration. It agitates the community with ill-founded jealousies and false alarms, kindles the animosity of one part against another, foments occasionally riot and insurrection.”

“There is an opinion that parties in free countries are useful checks upon the administration of the government and serve to keep alive the spirit of liberty. This within certain limits is probably true; and in governments of a monarchical cast, patriotism may look with indulgence, if not with favor, upon the spirit of party. There being constant danger of excess, the effort ought to be by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume.”

     Unfortunately, by the time Washington delivered the speech, the horse was gone and the barn was aflame. Partisan squabbling between the two increased during the Adams presidency (1796-1800) with Jefferson spending most of his time at Monticello, vice Philadelphia ( the US Capital until 1800).

     Although there is a tendency to relegate nasty campaign tactics to the modern media driven period, the campaign for President in 1799 was an early harbinger of just how dirty partisan politics can be. As is the case today, the primary issues driving the spitefulness were legitimate   differences of political philosophy, but tainted by personal animosity. Lest we think there was a more genteel approach during this early period, here are some quotes related to the candidates, spread by their opponents:

Jefferson's camp accused President Adams of having a "hideous hermaphroditical character, which has neither the force and firmness of a man, nor the gentleness and sensibility of a woman."

In riposte, Adams’ supporters responded with this description of Jefferson: "a mean-spirited, low-lived fellow, the son of a half-breed Indian squaw, sired by a Virginia mulatto father."

     Not surprisingly, race and/or sexuality had a place in the bile spewed by both sides. This should sound familiar, as little has changed on that score.

     As some have today, Jefferson hired flacks to run a “news” paper, (reminiscent of Faux News??) which was, in actuality, a propaganda sheet paid by the candidate to smear his opponents and their supporters. While Adams was a bit more genteel, refusing to personally engage in mud-slinging, he made few attempts to curb it, and after his defeat, attempted to pack the court system with federalist judges who, he hoped would thwart Jefferson’s legal attempts to alter existing structures. Jefferson’s ultimate victory, in what some historians have called the “Revolution of 1800” established not only a new standard for partisan sniping, but to the surprise of most European powers and some Americans, it also showed that there can be a smooth transition of power even with major partisan differences. How little we’ve  changed!

     As we “progressed?” dirty politics did too. Andrew Jackson, running in 1823, faced slurs such as: "General Jackson's mother was a common prostitute, brought to this country by the British soldiers! She afterward married a mulatto man, with whom she had several children, of which number General Jackson is one!" Of course, given Jackson’s foul temper (he once killed a man in a duel!), we may be grateful he didn’t simply shoot his opponents.  

     Central to at least many of the smears over the years have been accusations regarding condition of birth, ethnicity, and loyalties. Following the Civil War, and through the 20th century, such issues assumed a relatively distant backseat to larger and much more relevant matters. World Wars, civil/social reforms, Business/Labor/Government relations and Soviet vs. US world aims for world dominance became huge campaign issues, and the personal sniping, while ever present, seemed a distant background whisper. Even Warren Harding’s open relationship with his mistress Nan Britton, seemed a backseat to tariffs, “a good five cent cigar,” and Teapot Dome.

2007, however, and the nomination of Barack Obama, saw a reawakening of this  seamier side of politics. We were treated to the imbecility of those such as  Orly Taitz and Donald Trump, with the   “birther”  movement, as well as those who questioned the religious affiliations of candidate Obama. Those who hadn’t given a rat’s ass that Ronald Reagan was relatively irreligious or that Billy Graham, that counselor to Presidents, was revealed by  the Nixon tapes to be a racist anti-Semite, were flummoxed, not by any overt act of candidate Obama, but simply by his name! The fact that his racial heritage is mixed was, of course, the true subtext for all the hoo-hah. In the absolute absence of any significant reason other than ethnicity, every association was called into question.  If candidate Obama even happened to be in the same place at the same time as a “bad” guy, he was a bosom pal. Orly Tait and others, aided by a flood of bigots, began to manufacture claims of faked passports, Social Security numbers, birth certificates, etc., all with the intent of derailing Obama’s quest for the White House.

The election victory and inauguration of 2008 failed to dampen the ardor of those whose bigotry couldn’t accommodate a mixed race president. Ms. Taitz, temporarily deterred by a $20,000 fine for just one of many frivolous lawsuits, continues her diatribes, having branched out from the original “birther” scam to other claims such as:

  A number of homosexuals from Obama's former church have died mysteriously.     Obama has dozens of Social Security numbers, and his passport is inaccurate. Taitz claims that a person who was cooperating with the FBI in connection with Obama's passport died mysteriously, "shot in the head".    A Kenyan birth certificate with the name "Barack Obama" is authentic.     Obama's first act as President was to donate money to Hamas, which she claims will be used to build Qassam rockets.   Obama is having the Federal Emergency Management Agency build internment camps for "Anti-Obama dissidents.”    Osama bin Laden was killed years ago, with his body kept on ice, and the announcement of his death was timed to divert attention from an upcoming court case she is litigating challenging Obama's citizenship.

The best example of Taitz’s lunacy and hatred may be this, however: regarding the  Sandy Hook shooting : " Adam Lanza was drugged and hypnotized by his “handlers” to make him into a killing machine as an excuse as the regime is itching to take all means of self defense from the populace before the economic collapse?"

Why, one might ask, is this woman so anti-Obama? It turns out there is a reasonable and plausible (at least in light of her mental status)  explanation. Orly Taitz is, by birth, an Israeli citizen and ardent supporter of the nation of her birth. Good! It seems she also despises any inference that Israel may be, in any part, co-responsible for Israel’s enmity with its neighbors.  A more even handed outlook (stated as part of general pre-election platform stance) regarding what has been an almost slavish willingness to support any and all, or at least most, Israeli actions in the region, was simply unacceptable to Ms. Tait. Regardless of one’s personal feelings regarding US support for Israel, it remains indisputable that some of our difficulties in the Mideast stem from our 60 years of unilateral support for that nation. Any modification of this relationship is, of course, anathema to Ms Taitz.

What is more interesting to me is that the entire “birther” movement is blind to several interesting facts:  Two candidates, one past and another seeking nomination, have hugely more controversial issues regarding citizenship and eligibility to be president.

The first was John McCain. In the most detailed examination yet of Senator John McCain’s eligibility to be president, a law professor at the University of Arizona (Mr. McCain’s home state, by the way) concluded that neither Mr. McCain’s birth in 1936 in the Panama Canal Zone nor the fact that his parents were American citizens is enough to satisfy the constitutional requirement that the president must be a “natural-born citizen.” The analysis,   by Prof. Gabriel J. Chin, focused on a 1937 law that has been largely overlooked in the debate over Mr. McCain’s eligibility to be president. The law conferred citizenship on children of American parents born in the Canal Zone after 1904, and it made John McCain a citizen just before his first birthday. But the law came too late, Professor Chin argued, to make Mr. McCain a natural-born citizen.

The second case, even more interesting, because of  his frequent vocal attacks on the sitting President, is Senator Ted Cruz. One does NOT automatically become a U.S. citizen at birth because one's parent, or parents, are U.S. citizens! In addition to that, one needs to show that the parent or parents meet strictly defined requirements regarding age and time of residence in the United States.

The Unites States is actually much more generous than most countries in according citizenship. But it always has had strict rules that require some kind of close ties to the country in order to gain citizenship. Under the nationality law in effect at the time of Ted Cruz's birth in Canada in December 1970 (the Immigration and Nationality Act of 1952, as amended, part of Title 8 of the U.S. Code), in order for Ted Cruz's mother to automatically confer citizenship on him at birth, these requirements need to have been met: For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true:

1.    The person's parents were married at the time of birth ( AND)  2. One of the person's parents was a U.S. citizen when the person was born ( AND) 3.  The citizen parent lived at least ten years in the United States before the child's birth; (AND)  4. A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.

There are two problems for Senator Cruz about which, which interestingly enough, neither he, nor Orly Taitz, (or Donald trump, for that matter) have had anything  to say. First,   Ted Cruz , even though he has stated his intent to change it, is still a Canadian by birth, and as of this writing,  hasn’t renounced his citizenship, a simple process requiring a 12 question form and a statement of desire to renounce. . Secondly, and of much more significance, is the apparent refusal by the Cruz camp to produce his mother’s birth certificate, and papers proving she met the requirements  (3) and (4) above. No one knows (or will tell ).

Meanwhile, President Barack Obama, born in Hawaii, ergo a “natural born citizen” as defined in the US constitution, continues being the subject of the chain e-mails, and conspiracy theorists, most seemingly centered around the circumstances of his birth and his ethnicity. Go figure!     

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