Questions the Press Doesn't Ask

Merry Christmas to the Fourth Estate! Hope you've enjoyed your goose or turkey or whatever your family tradition includes (latkes for those who are Jewish). When you return to work, there are a few loose ends on which you might want to follow up.

"Follow up." It's a term that has gone out of style in the age of Obama. You members of the press have become remarkably uncurious since he's been in the White House. A blanket of benevolent uncuriousness smothers news about Obama administration wrongdoing.

The Secretary of State, who took "full responsibility" for the Benghazi debacle, has not once been publicly questioned about it. Called to testify before a House committee this week, she pleaded illness -- a fall resulting in a concussion. She says she will testify in January. Perhaps members of Congress will ask what the press has not. Who made the decision to deny the requested additional security to our diplomats? Where is a copy of the order President Obama says he issued requiring that "everything possible" be done to save our personnel who were under attack? (Former Assistant Secretary of Defense Bing West notes that such orders are always written down.) Were Navy seals stationed in Benghazi told to "stand down" rather than render assistance? Who told Susan Rice to say that the attack grew out of a protest, when there was no protest?

Speaking of that non-existent protest, isn't anyone even a little uncomfortable at the spectacle of the United States government arresting a guy for making a video (however "crude and offensive")? On orders of this administration, an FBI team descended upon and locked up Nakoula Basseley Nakoula. He may be a petty criminal and an idiot, but that's not the point. Aren't members of press sensitive about infringements of the First Amendment? Besides, what sort of message does it send to extremists around the globe when the U.S. cracks down on expressions of "blasphemy" toward Mohammed? Won't they congratulate themselves on intimidating us?

Oh, and here's something else you forgot to be inquisitive about. An unpaid intern working in the office of Democratic New Jersey Senator Robert Menendez (who was reelected on Nov. 6) was arrested on Dec. 6. It seems the 18-year-old illegal immigrant from Peru (who helped the senator on immigration issues!) was a registered sex offender. ICE knew about him, but he was repeatedly told by higher ups at DHS, according to a government source, to delay the arrest until after the election. If true, that's a remarkable politicization of law enforcement. So far, one "no comment" from a government official has sufficed to quiet your inquiries.

During the campaign (we learned after the election), the Obama administration undertook to devise guidelines for the use of unmanned aerial vehicles or drones. "There was a concern that the levers might no longer be in our hands," an official told The New York Times. In other words, a Republican president would need guidelines for the use of Hellfire missiles, but with President Obama in the White House, safeguards are unnecessary. His unerring judgment is all that's required. The president has presided over the deaths of an estimated 2,500 individuals -- including some American citizens -- through the drone program of targeted assassinations. Isn't the press interested in what sort of guidelines the administration recommends imposing on its successor? On itself? Oh, wait, with the election safely past, the guidelines are on hold.

Finally, this isn't a scandal, an abuse of power, or an example of hypocrisy, but it's such a blatant display of moral confusion that it begs for questioning. The Syrian dictator Bashar Assad, (about whom the next secretary of state was so wrong), has killed roughly 25,000 civilians and uprooted 1.2 million more. Human Rights Watch reported that there are 27 known torture centers run by the Syrian military. Yet the president has said that only the use of chemical weapons represents a "red line" that Syria must not cross. "If you make the tragic mistake of using these weapons," he warned earlier this month, "there will be consequences and you will be held accountable." Question: Doesn't that mean that Assad will not be held accountable for the rest? What is the logic of that?

Supreme Court cases that cite “natural born Citizen” as one born on U.S. soil to citizen parents:

The Venus, 12 U.S. 8 Cranch 253 253 (1814)

Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says: “The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.

Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830)

Ann Scott was born in South Carolina before the American revolution, and her father adhered to the American cause and remained and was at his death a citizen of South Carolina. There is no dispute that his daughter Ann, at the time of the Revolution and afterwards, remained in South Carolina until December, 1782. Whether she was of age during this time does not appear. If she was, then her birth and residence might be deemed to constitute her by election a citizen of South Carolina. If she was not of age, then she might well be deemed under the circumstances of this case to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country. Her citizenship, then, being prima facie established, and indeed this is admitted in the pleadings, has it ever been lost, or was it lost before the death of her father, so that the estate in question was, upon the descent cast, incapable of vesting in her? Upon the facts stated, it appears to us that it was not lost and that she was capable of taking it at the time of the descent cast.

Dred Scott v. Sandford, 60 U.S. 393 (1857)

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As society cannot perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their parents, and succeed to all their rights.' Again: 'I say, to be of the country, it is necessary to be born of a person who is a citizen; for if he be born there of a foreigner, it will be only the place of his birth, and not his country. . . .

Minor v. Happersett , 88 U.S. 162 (1875)

The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. 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 parents who were its citizens became themselves, upon their birth, citizens also. These were natives or 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.

United States v. Wong Kim Ark, 169 U.S. 649 (1898)

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 parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.

Perkins v. Elg, 307 U.S. 325 (1939),

Was a decision by the Supreme Court of the United States that a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child's natural born citizenship is not lost if the child is taken to and raised in the country of the parents' origin, provided that upon attaining the age of majority, the child elects to retain U.S. citizenship "and to return to the United States to assume its duties." Not only did the court rule that she did not lose her native born Citizenship but it upheld the lower courts decision that she is a "natural born Citizen of the United States" because she was born in the USA to two naturalized U.S. Citizens.

But the Secretary of State, according to the allegation of the bill of complaint, had refused to issue a passport to Miss Elg 'solely on the ground that she had lost her native born American citizenship.' The court below, properly recognizing the existence of an actual controversy with the defendants [307 U.S. 325, 350] (Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 , 57 S.Ct. 461, 108 A.L.R. 1000), declared Miss Elg 'to be a natural born citizen of the United States' (99 F.2d 414) and we think that the decree should include the Secretary of State as well as the other defendants. The decree in that sense would in no way interfere with the exercise of the Secretary's discretion with respect to the issue of a passport but would simply preclude the denial of a passport on the sole ground that Miss Elg had lost her American citizenship."

The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.

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