Sunday, November 06, 2016

CBS Sunday Morning on 6 Nov 2016: Martha Teichner does cover story on "The Big Picture"

Jane Pauley introduced the stories for November 6, which included Martha Teichner doing "The Big Picture" on aspects of the coming election. Second, Pauley presented aspects of Barry Petersen's piece on marijuana legalization proposals coming up in five states. Third, Mo Rocca on James Buchanan as possibly the worst president. Lee Cowan on Paul Simon; Erin Moriarity; Seth Doane; Steve Hartman. The headlines were the incident with Donald Trump in Reno. Arrest in DC.

A quick factoid appeared: Abraham Lincoln the tallest president at 6'4" and Madison shortest at 5'4"

In the cover story, Teichner spoke to historian Douglas Brinkley ("which is the worst of the two evils"), Joseph Cummins, and Robert Lechter of George Mason University.

Erin Moriarty spoke to artist Steve Penley.

Small clips. Tim Russert introduced notation red states/blue states. Donkey symbol from 1824. Republican symbol from 1871.

In the context of a review of a national park in American Samoa, the fact that residents of Samoa are "nationals," but not citizens, arose. The LA Times had noted in June 2016 of a denial of cert in the Tuana case:

During the 20th century, Congress extended citizenship rights to the people of the other territories, except for the people of American Samoa.

The timing of appeal may have played a role in its dismissal. Since the death of Justice Antonin Scalia in February, the eight justices have granted review of only a handful of new cases, and most of those arose because the lower courts had split on an issue of law.

On Monday, the court said it had denied review in more than 100 pending appeals, including Tuana vs. United States, the Samoans’ case. No new cases won a review.


From an SSRN article by N. Doehler:

This article re-examines the status of non-citizen nationals of the United States. In the Insular Cases of the early 1900s the U.S. Supreme Court determined that the Constitution did not provide birthright citizenship for persons born in "unincorporated territories," which were territories they considered to be under the jurisdiction of but not part of the United States. Instead, persons born in those territories were deemed "non-citizen nationals" of the U.S. Since then Congress has legislated birthright citizenship for Guam, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands, but not for American Samoa. While arguments have been made that the territories have in fact been incorporated into the United States and therefore the Fourteenth Amendment's citizenship clause, which guarantees citizenship for all persons born in and subject to the jurisdiction of the U.S., applies, I argue from a different perspective. Birthright citizenship does not derive from the Fourteenth Amendment but from the original Constitution. While citizenship is not defined in the Constitution, courts have determined that as a sovereign state, the U.S. had citizens and the rules for citizenship were to be found in English common law regarding subjects. English common law recognizes all persons born under the sovereignty of the state to be English subjects, regardless of whether or not they were born in the realm. As a result, anyone born in any territory under U.S. jurisdiction should be considered a citizen.

Doehler, Nicholas, The U.S. Constitution and Birthright Citizenship in the Unincorporated Territories (October 4, 2016). Available at SSRN:

Other items on Sunday Morning on Nov. 6:
Andy Borowitz. Joy Woodhaven and her two sons.
Moment of nature: Mt. Rushmore


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