Larry Elder is in his prime on 870 and his growing affiliates. (If I had time I would do excerpts like this for an 870AM YouTube channel to grow their listener base.) Larry plays competing report outcomes by Robert Mueller and Ken Starr. John Eastman weighs in as well, and as usual, he is correct… I add Bill Barr at the end saying the same thing Mark Levin, John Eastman, Andy McCarthy, and others have been saying. But as usual, CNN and the MSM are way behind the curve… in fact they are off the track all together.
Larry Elder asks professor John C. Eastman (Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law) about Trump’s use of Executive Privilege and then discussion of U.S. District Judge Amit Mehta saying Trump must turn over his taxes.
Dr. John Eastman was on Larry Elder’s show discussing the Democrats wanting Trump’s tax returns. Much like Mitch McConnell warning about “shoes on other’s feet,” the Democrats should tread lightly… because IF this passes Constitutional muster, Trump can order tax returns to be released as well. Good insights from the professor as usual.
Larry elder and Chapman University’s Henry Salvatori Professor of Law and Community Service and Director of the Center for Constitutional Jurisprudence, John Eastman, discuss the latest regarding Mueller’s “witch hunt.” A passing comment comparing Whitewater is made that is informative. Good stuff, but will soon be dated.
…“Subject to the jurisdiction” means more than simply being present in the United States. When the 14th Amendment was being debated in the Senate, Senator Lyman Trumbull, a key figure in its drafting and adoption, stated that “subject to the jurisdiction” of the United States meant not “owing allegiance to anybody else.”
And Senator Jacob Howard, who introduced the language of the clause on the floor of the Senate, contended that it should be interpreted in the same way as the requirement of the 1866 Civil Rights Act, which afforded citizenship to “all persons born in the United States and not subject to any foreign power.”
The Supreme Court has never held otherwise. Some advocates for illegal immigrants point to the 1898 case of United States v. Wong Kim Ark, but that case merely held that a child born on U.S. soil to parents who were lawful, permanent (legally, “domiciled”) residents was a citizen.
The broader language in the case suggesting that birth on U.S. soil is alone sufficient (thereby rendering the “subject to the jurisdiction” clause meaningless) is only dicta — not binding. The court did not specifically consider whether those born to parents who were in the United States unlawfully were automatically citizens.
The misunderstood policy of birthright citizenship provides a powerful magnet for people to violate our immigration laws and undermines the plenary power over naturalization that the Constitution explicitly gives to Congress. It is long past time to clarify that the 14th Amendment does not grant U.S. citizenship to the children of anyone just because they can manage to give birth on U.S. soil.
…My friend John Eastman explained why the 14th Amendment does not mandate birthright citizenship in this 2015 New York Times op-ed. In a nutshell, the Amendment states: “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.” The highlighted term, “subject to the jurisdiction thereof” was understood at the time of adoption to mean not owing allegiance to any other sovereign. To take the obvious example, if a child is born in France to a married couple who are both American citizens, the child is an American citizen.
I won’t rehash the arguments on both sides. With due respect to our friend Dan McLaughlin (see here), I think Professor Eastman has the better of the argument. As I have observed before, and as we editorialized when Donald Trump was a candidate (here), this is a very charged issue, and it is entirely foreseeable that the Supreme Court (to say nothing of the lower federal courts teeming with Obama appointees) would construe the term jurisdiction differently from what it meant when the 14th Amendment was ratified….
Larry Elder interviews Professor John Eastman in regards to the recent Supreme Court decisions and the nomination process for Justice Kennedy’s replacement. Discussion about the Courts purpose and how States should have more say, and audio of Kennedy attacking Bork is added (the start of this whole politicization of the nomination process BTW). Enjoy.
Professor John Eastman notes that Maxine Waters may in fact be violating the Ku Klux Klan Act of 1871. Here is a posrtion of the HISTORY CHANNEL article on this:
…After 1870, Republican state governments in the South turned to Congress for help, resulting in the passage of three Enforcement Acts, the strongest of which was the Ku Klux Klan Act of 1871.
For the first time, the Ku Klux Klan Act designated certain crimes committed by individuals as federal offenses, including conspiracies to deprive citizens of the right to hold office, serve on juries and enjoy the equal protection of the law. The act authorized the president to suspend the writ of habeas corpus and arrest accused individuals without charge, and to send federal forces to suppress Klan violence. This expansion of federal authority–which Ulysses S. Grant promptly used in 1871 to crush Klan activity in South Carolina and other areas of the South–outraged Democrats and even alarmed many Republicans. From the early 1870s onward, white supremacy gradually reasserted its hold on the South as support for Reconstruction waned; by the end of 1876, the entire South was under Democratic control once again….
Larry Elder discusses the policy of separating children from their families if they have crossed over the border illegally with Dr. John Eastman (a law professor and constitutional law scholar). Professor Eastman brings some needed clarity to the topic. This related article brings more clarity to the issue:
John and Ken discuss the legal attacks against Trumps temporary travel ban with Professor John Eastman, who is the Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law. Dr. Eastman makes note that the provision allowing for the President to do this is clear. It is also clear the Courts (specifically the 9th Circuit) has overstepped its bounds… yet again. Stefan Molyneux points out that in 2012, The U.S Supreme Court reversed 86% of the 9th Circuit Court of Appeals rulings that it reviewed. WOW. That is a clear sign of something going on — like Judicial activism. Since the argument Trump used is essentially the same as Obama’s, it is hard to see why all the Justices via SCOTUS wouldn’t agree with Trumps Constitutional right in this matter.
Here is the discussion between Henry Salvatori Professor of Law & Community Service at Chapman University Fowler School of Law, John Eastman, and Dennis Prager about the law in Indiana and the failing American experiment:
In the second hour Dennis ruminates on the first hour and the discussion he had with Professor Eastman:
And as a bonus, I isolated Prager admitting that he was wrong and Barry Goldwater was right: