Author Archive: Glenn Reynolds

FLASHBACK: Remembering the 2002 AOL/InstaPundit merger April Fool. The only April Fool I’ve done here, and probably the only one I ever will do, but it was fun — complete with a changed header to AOL/InstaPundit — and a surprising number of people bought it.

I would have enjoyed owning a Boeing, I think.

#RESIST:

They need a revolución.

OPEN THREAD: Excel.

RANDY BARNETT: Trump Is Right on Birthright Citizenship: The 14th Amendment’s authors would exclude illegal and visiting aliens from U.S. ‘jurisdiction.’

The clause grants citizenship to persons who meet two conditions: birth in the U.S. and being “subject to the jurisdiction” of the U.S. The dispute is over the meaning of the latter term. Everyone agrees that it excludes at least three classes: children of diplomats, of soldiers from an invading army, and of American Indians maintaining tribal relations. In each of these categories, the status of the child depended on the status of the parent.

The constitutional debate is about the original concept embodied in the text that explains these exclusions and whether that concept embraces or excludes children born on U.S. soil to parents who are unlawfully or temporarily in the U.S. The court has never squarely addressed this question.

Before Mr. Trump’s executive order, what originalist scholarship existed on the original meaning of “subject to the jurisdiction” was sporadic and lightly tested if at all. The past year has produced an explosion of originalist scholarship on both sides. The justices are now in a good position to decide which side has presented the stronger originalist case. . . .

Sen. Lyman Trumbull (R., Ill.), who managed the Citizenship Clause in the upper chamber, explained that “subject to the jurisdiction” meant “not owing allegiance to anybody else,” whether to a tribe or a foreign power. Rep. John Bingham (R., Ohio), the moving force behind the 14th Amendment, used the same framework, referring after ratification to persons born in the U.S. “and not owing allegiance to any foreign power.” These statements, and others Mr. Lash identified, demonstrate how leading Republicans explained the concept the text was meant to capture: birth plus full political membership.

Opponents of this interpretation rely heavily on a statement by Sen. Jacob Howard (R., Mich.) that the clause would “include every other class of persons” besides children of diplomats. In isolation, Howard’s statement does support the challengers’ understanding. But it can’t be taken literally; otherwise it would include tribal Indians. Howard later said that the relevant “jurisdiction” was the “full and complete jurisdiction” that tribal Indians lacked. Republicans didn’t maintain that tribes lay wholly beyond federal power, but that tribal members maintained an undissolved allegiance to a separate sovereign political community.

Read the whole thing.

I SEE A HALLMARK MOVIE IN THE MAKING:

ACCOUNTABILITY: The Unlikely Ensemble Leading Trump’s Hunt for 2020 Election Fraud: Senior officials are pursuing theories the Trump campaign had earlier dismissed.

In Atlanta, FBI agents have sifted through thousands of paper ballots confiscated from the main election office there. Federal officials have also seized voting machines in Puerto Rico, locking them in a basement of an intelligence campus in Bethesda, Md., at the behest of the office of Trump’s intelligence chief, Tulsi Gabbard, according to current and former officials familiar with the matter.

At the center of many of the efforts is Kurt Olsen, a campaign lawyer who was heavily involved in Trump’s failed “Stop the Steal” fight in 2020 and was tapped to lead the new push at the White House last fall. In recent weeks, Olsen has briefed Trump on a range of allegations, pushed the president to declassify a swath of documents, and asked for up to $10 million in funding to pursue his mandate, administration officials familiar with the efforts said. He has traveled to Florida to meet with Jason Reding Quiñones, the U.S. attorney in Miami.

The probes into alleged improprieties in the 2020 election range from foreign interference to duplicate, fraudulent and missing ballots in states Trump lost. Olsen spends much of his time at the Justice Department, according to administration officials, as prosecutors pursue criminal investigations on the topic in Atlanta, Phoenix and elsewhere, according to people familiar with the matter.

The biggest news here is that the WSJ is treating election fraud as a serious story, instead of just dismissing it out of hand.

A BRIGHT NEW DAY IS COMING:

CHANGE:

#JOURNALISM: