The Constitution Week in Review 2-9-16

Article 2. Natural Born Citizen Clause.
As I’ve said before, this one’s not going away anytime soon, and until there is a permanent resolution, I’ll continue to report developments. 

Lost in the news of Ted Cruz’ victory in Iowa was the fact that he also received a favorable decision from the Illinois Board of Elections, which confirmed his U.S. citizenship met the state's primary ballot requirements.  The Board announced:

"The Candidate is a natural born citizen by virtue of being born in Canada to his mother who was a U.S. citizen at the time of his birth,” he "did not have to take any steps or go through a naturalization process at some point after birth."

I hesitate to point out that the Board of Elections is not the Supreme Court; nevertheless, a small victory for Cruz, but certainly not the definitive opinion he will eventually need.

Article 3.

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”  Article 3, Section 1, Clause 1.

As we all know, the Constitution itself only created a single court, the Supreme Court; but it also authorized Congress to establish a system of inferior courts, which they began to do in 1789.  The Judiciary Act of 1789 was followed by others over the years and gradually the court system expanded and took form.  Today there are 94 District Courts across the U.S., with at least one district court in each state, as well as the District of Columbia.  The 94 federal judicial districts are organized into 11 regional circuits, each with a court of appeals (plus one each for the District of Columbia and a Federal Circuit makes 13 Courts of Appeals).  

Due to the appointment of liberal federal judges by certain liberal Presidents (with confirmation by the Senate, of course) some Courts of Appeal have tended to reflect decidedly liberal viewpoints, particularly the 9th Circuit Court of Appeals.  The eight states which make up the 9th Circuit run the gamut of liberal (ex: California, Oregon) to conservative (ex: Arizona, Alaska).  Arizona, tired of unfavorable rulings from the 9th Circuit judges, wants out, and is preparing to petition the Congress to create a 12th regional circuit consisting of Nevada, Arizona, Montana, Idaho, and Alaska.  As this article (linked below) points out, 78% of the 9th Circuit's decisions have been overturned on appeal to the Supreme Court; not a very good track record.  You would think the 9th Circuit judges would realize they are out of touch with the Supreme Court, if not mainstream America; but no, I suspect they are unconcerned.  Good luck, Arizona!

Speaking of judicial nominations, after not answering questions about abortion the way some on the Senate Judiciary Committee were hoping they would, two of Obama’s nominations to federal judge positions failed to secure an up vote from the Committee.  Good on Senator Grassley for applying some pressure, what little can be brought to bear.

I don’t consider myself a “court watcher,” but I’m glad we have people who do pay close attention to what the court is doing.  Alliance Defending Freedom is one such group (there are others, of course) and they have put together a list of five important cases the Supreme Court has agreed to take up this term.  Several religious freedom cases, a freedom of conscience case and one on abortion should make for an interesting term.

1st Amendment.

Free Speech.  When I report on a controversy I like to then keep people abreast of subsequent developments.  I’ve reported more than once on the continuing saga of Bob Wilson, one of Central Radio’s owners in Norfolk VA. 

         Senator Grassley (R-IA)

What began as an eminent domain fight morphed into a free speech fight (I reported on both aspects) when Norfolk City Council objected to the way Central radio was protesting their actions (Central erected a 375-square-foot sign on the side of their building).  Victory came this week in a 3-0 decision in the U.S. Fourth Circuit Court of Appeals (remember those 13 Circuits?) which decided that Norfolk’s sign ordinance discriminated based on content (content which it obviously found embarrassing) and that is an abridgement of free speech.   Occasionally the good guys win one.

Freedom of Religion. 

Our public schools never cease to amaze me.  Naiveté concerning Islam is hard to excuse these days, so I can only believe this teacher had his students recite the words of the shahada in order to pull them surreptitiously into the religion of Islam.   When a student balked at reciting this religious oath she was failed, and the parents sued. 

What made the school district’s actions most egregious was their blatant attempt to deceive the parents through use of  near-duplicate history books, “one of which contained the Islamic teachings and which students were required to leave at school,…[t]he other, which did not contain the teachings, was allowed to be taken home,” as the article explains.  “The school also excised the Islamic teachings from the course syllabus.”  Amazing. 

Do you monitor the textbooks of your public school student?  You should, but it also looks like you need to ask your kid whether certain materials have been restricted from parental view.

2nd Amendment.