Mike Kueber's Blog

August 21, 2015

An open letter to Bill O’Reilly

Filed under: Law/justice,Media,Politics — Mike Kueber @ 10:43 pm
Tags: , ,

Bill, the word for the day is “sophomoric.”  Used in a sentence, “Your reportage this week on anchor babies was sophomoric.”

Why do I think your reportage was “conceited and overconfident of knowledge but poorly informed and immature”?  The Bill of Particulars against you contains two items:

  1. False statements.  In your Trump interview on anchor babies, you paraphrased the 14th Amendment as saying, “If you are born in America, you are a citizen.”  Your omission of the critical middle clause, “and subject to the jurisdiction thereof,” is flagrant journalistic malpractice.  Then you imperiously declared the sentence could have only one legal meaning.  Yes, the sentence you read could only have one meaning, but what is the meaning of the clause you didn’t read?  In law, there is a strong presumption against construing a clause to be redundant or irrelevant.
  2. Two days later, you attempted to buttress your legal opinion by interviewing two legal experts – one a conservative and one a liberal – who agreed with you. In law, a judge will pit two advocates against each other and then decide.  Couldn’t you find anyone to articulate an argument contrary to your position?  What about one of America’s most popular constitutional authorities, Mark Levin, who earlier in the week spoke out strongly against your position?  What about one of America’s most respected federal judges, Richard Posner, who opined about anchor babies in a 2003 appellate decision, “Congress would not be flouting the Constitution if it amended the Immigration and Nationality Act to put an end to the nonsense.  A constitutional amendment may be required to change the rule whereby birth in this country automatically confers U.S. citizenship, but I doubt it.”

It’s not too late to redeem your reputation by apologizing to your viewers and presenting them with a full-throated argument on the meaning of “and subject to the jurisdiction thereof.”  Is it directed narrowly at foreign diplomats or more broadly at anyone who has allegiance to another country?

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