Thursday, August 13, 2020

Kamala Harris truancy punishment

 What would Kamala Harris do if she were president of the United States?

This is what she has done in the past, with less power.

https://www.huffpost.com/entry/kamala-harris-truancy-arrests-2020-progressive-prosecutor_n_5c995789e4b0f7bfa1b57d2e

On the morning of April 18, 2013, in the Los Angeles suburb of Buena Park, a throng of photographers positioned themselves on a street curb and watched as two police officers entered a squat townhouse. Minutes later, their cameras began clicking. The officers had re-emerged with a weary-looking woman in pajamas and handcuffs, and the photographers were jostling to capture her every step. 

“You would swear I had killed somebody,” the woman, Cheree Peoples, said in a recent interview. 

In fact, Peoples had been arrested for her daughter’s spotty school attendance record under a truancy law that then-California Attorney General Kamala Harris had personally championed in the state legislature. The law, enacted in January 2011, made it a criminal misdemeanor for parents to allow kids in kindergarten through eighth grade to miss more than 10 percent of school days without a valid excuse. Peoples’ 11-year-old daughter, Shayla, had missed 20 days so far that school year.

The law was the capstone of Harris’ yearslong campaign to get “tough” on truancy, the term for when a child consistently misses school without a valid excuse. Harris’ involvement began in the mid-2000s, when the future senator and 2020 presidential candidate was the San Francisco district attorney. 

Harris had been disturbed to learn that a disproportionate number of the city’s homicide victims were high school dropouts, and that dropouts are more likely to become perpetrators or victims of crimes. Preventing truancy, she argued, was not just about the noble goal of ensuring every child’s education, but a matter of averting future criminals. 

So it only made sense for the city’s top law enforcement officer to get involved. Harris filed charges against a handful of San Francisco parents whose elementary school-aged children were consistently missing school.

A few years later, she persuaded the state legislature to adopt harsher penalties for truancy. Under the new law, the parent or guardian of a young, truant child could face a fine of $2,500 or more — or one year in jail. Harris pushed hard for the law as she was running for attorney general, and it passed just as she won the election.

“We are putting parents on notice,” Harris said at her 2011 inauguration. “If you fail in your responsibility to your kids, we are going to work to make sure you face the full force and consequences of the law.” 


AULR natural born citizen

https://aulawreview.org/blog/natural-born-citizen/


The First Congress’s inaugural uniform naturalization statute became law on March 26, 1790.  The 1790 statute is the only U.S. national law other than Article II to use the words “natural born citizens.”  The use of those extinct words, coupled with the fact that the 1790 statute was enacted only two years after the Constitution’s adoption by a Congress that included several members who had played leading roles the Constitution’s drafting and ratification, explains its rightful prominence in all existing accounts of the meaning of the Natural Born Citizen Clause.

The particular context in which the words “natural born citizens” are used in the 1790 statute, however, had nothing to do with presidential eligibility.  The phrase was used in a secondary part of the statute to designate certain persons born outside of the United States who did not have to apply and meet the residence, oath, and good character requirements for any other person born outside the United States to become a U.S. citizen.[366]  The statute’s primary purpose was to specify these “naturalization” requirements.


Original meanings are rarely ascertainable, but this case is a rare exception.  The relevant historical evidence, which was exhaustively reviewed in this Article—Constitutional Convention debates, English common law, natural law, law of nations, canonical Anglo-American treatises like Blackstone’s and Kent’s, the 1784 Maryland Lafayette statute, the 1790 U.S. Naturalization Statute—all lead to the conclusion that the original meaning of “natural born Citizen” in Article II refers to a person either born in the United States, or outside it to a parent in government service or to a U.S. citizen father. 


https://www.theguardian.com/us-news/2016/jan/11/laurence-tribe-ted-cruz-donald-trump-citizen-president



https://harvardcrcl.org/reflections-on-the-natural-born-citizen-clause-as-illuminated-by-the-cruz-candidacy/


http://journaloflaw.us/1%20Pub.%20L.%20Misc./2-2/JoL2-3,%20PLM2-2,%20Tribe%20and%20Olson.pdf


https://media.philly.com/documents/Judge's+ruling+Ted+Cruz+to+remain+on+NJ+ballot.pdf