Tag Archives: Roger Taney

State vs. National Citizenship—the Fourteenth Amendment, Section 1 must be Repealed—Time to Bite the Bullet, Folks!

Donald Trump has won a lot of national support for his position that “anchor babies” are not U.S. Citizens.  https://www.yahoo.com/politics/birthright-citizenship-where-the-2016-127093585661.html

Despite their appetite for socialism and socialist engineering of U.S. Demography, I think it is fair to say that few if any the Radical Republican Framers of the Fourteenth Amendment ever dreamt of or envisioned a situation where millions of “huddled masses” and “wretched refuse ” types of people would come to America just to have babies to enroll in schools and obtain other welfare entitlements. 

No, the purpose of the Fourteenth Amendment was to create a national standard for citizenship and civil rights, and to abolish the notion that the States of the United States were equivalent to the “States” who obtain membership in the United Nations.  

State citizenship was the weakest point of Cousin Abraham’s Northern policy during the War:  while many Radical Republicans wanted to call Robert E. Lee and Jefferson Davis, and every other Confederate Officer and Politician, a “traitor”, these charges simply would not stick for one single reason.  From 1776-1868, the individual states were the ones which established and determined citizenship, and so Lee was right to think of himself as a Virginian (about a 10th or 12th generation Virginian, in fact) by both the doctrines of ius solis and ius sanguinis.  Jefferson Davis might have been born in Kentucky, but he was a “naturalized” Mississippian.  Pierre Gustave Toutant-Beauregard was a 6th or 7th generation Louisianian, like Lee, either by ius solis or ius sanguinis

So Lee and Beauregard were unquestionably citizens of their own home states, and NOT of the United States.  They might have been employed in the armies of the United States, or, like Davis, also officers of the United States Government in its legislative (Senate) and Executive Branches (where Davis was Secretary of War).

But by every pre-War understanding, the Confederate leaders were not CAPABLE of betraying a Country WHICH NEVER EXISTED.  Like the States they belonged to, the Confederate Leaders could resign from the service of the Union, but in no legal or moral sense could they be called “traitors” to it, because (at least before 1868) the UNION WAS NOT A SINGLE SOVEREIGNTY.  Yes, indeed, quite simply, there WAS no such thing as “United States citizenship” prior to the Fourteenth Amendment—just a very generalized “American” citizenship which dependent on the collaboration and contribution of the ratifying states.  And that is why “Birth of a Nation” (by D.W. Griffith) was so correctly named: a collection of closely cooperating and allied free nation-states (small Jeffersonian Democracies) went to war with each other in 1861, and they were, afterwards, at gunpoint, forced into one single new country.

This was the debate that framed Barack Hussein Obama’s Presidency—so long as he could convince (fool?) a majority of the people into believing he was born in Hawaii, he was eligible, under the ius solis doctrine of the 14th Amendment, to be President.  But if a ius sanguinis standard should be applied, Obama’s rather famous Kenyan father stood as an absolute obstacle to his eligibility.  So as Dinesh D’Souza had shown in his brilliant movie Obama 2016, Obama’s goal as President was absolutely to abolish both the identity and nature of American society and culture.  Now the 44th President effects this transformation largely through emotionally manipulative lies and psychological manipulation, rather than democratic process or law.

But, indeed, the language of the Fourteenth Amendment’s “citizenship” clause is clear enough in making “soil” more important than “blood,” and has been consistently applied by the Supreme Court for over a hundred years to mean that literally anyone born in the United States, for any reason, automatically is an American Citizen.  This is obviously a disaster for the Country and many have written about it, including the mad Texan elf of Clearwater, Florida, Robert M. Hurt, Jr.:

Trump Is Right: Anchor Babies Do Not Rightfully Become US Citizens

http://bobhurt.blogspot.com/2015/08/trump-is-right-anchor-babies-do-not.html

What Hurt proposes is essentially changing the law by reinterpreting the law, and this often does not work so well—and could in fact be described as the source of much of modern America’s woes—allowing the Supreme Court to say that night is day and day is night is getting old, 62 years after Earl Warren became Chief Justice, 113 after Oliver Wendell Holmes brought Massachusetts “progressivism” to the Court, paving the way for the New Deal for whose eventual triumph (through popularity over constitutional rigor) Holmes might be considered a kind of Prophet….

Among Holmes’ most famous pronouncements is that, “an experiment, as all life is an experiment” (Abrams v. United States, 250 U.S. 616, 630 (1919)).  Allowing, or even encouraging, population replacement—the “Browning of America”—is among the left’s favorite long-term social goals and experiments, and (admittedly) all of us who oppose the Browning of America are classified by Salon.com, the Huffington Post, and the New York Times, among others, as vile racist reactionaries. 

But I can live with that.  As far as the way out, though, as far as how White America can preserve itself, I don’t think that verbal games such as Robert M. Hurt, Jr., Donald John Trump, and many others will work.  

No, I always prefer dealing with issues directly and in taking a “full-frontal” approach.  The Fourteenth Amendment resulted from a massive war of Centralization of Power.  The only politician in MY LIFETIME who ever addressed the problem directly was San Diego Mayor and later California Governor and Senator Pete Wilson: who directly advocated repeal of the citizenship clause of the 14th Amendment during the 1980s.  He is almost totally forgotten now, but when I was in Law School, I remember thinking his approach was sound.  Repeal of the Citizenship Clause would be clear statement that unlimited immigration and population replacement via “anchor babies” is and ought to be intolerable.

People don’t realize it, but prior to the War of 1861-65 between the North and the South, MANY NORTHERN STATES if not most of them, DENIED CITIZENSHIP of any kind to blacks.  (the last state to have such a law was Oregon, which literally made it simply illegal to “be a negro” in the State of Oregon— to enter the state at all, under any pretext, was cause for imprisonment, fine, and immediate removal to the state lines upon release.

While “the Underground Railroad” was very famous, you might ask yourself, “if Abolitionist sentiment was so strong in the North, (a) why was the underground railroad “underground” and (b) why did it end up in Canada?  The answer is that since Northern States had enacted “no black citizenship” laws, being “free” in most places meant nothing. 

The way history is taught and discussed in modern America, it’s not always quite clear, but Chief Justice Roger Taney, in Scott v. Sanford was actually adopting a MERGER of both the Northern and Southern positions in his (plurality against Freedom for Slaves by Crossing State Lines) decision in 1857 (every Justice on the Court rendered a Separate opinion in that case). 

Justice Taney said that no negro could ever be a citizen of the United States.  So he was ALREADY (by usurpation) establishing a Federal rather than a state standard of citizenship—THAT IS WHY THE FOURTEENTH AMENDMENT WAS ENACTED—the whole War Between the States and 13th, 14th, and 15th Amendments to the Constitution can be considered an effort to Overrule the “Dred Scott” ruling— but what many people forget is that Taney had already taken the critical first step by attempting to impose NORTHERN standards of Citizenship NATIONWIDE— ironically, this ruling (if it had been allowed to stand) might well, would almost certainly, have had the bizarre effect of “outlawing” or depriving tens of thousands of free (and many slaveholding) blacks in Louisiana of their citizenship, professional licenses, and right to vote. 

So the real problem was Taney’s (1857, pre-War) judicial “stealth” transition from allowing STATES to determine Citizenship to his rather clumsy attempt to impose a NATIONWIDE standard for citizenship.  The Fourteenth Amendment was the “Radical Republican” answer to this. 

Ironic, isn’t it?, that when properly understood, the Fourteenth Amendment was just as oppressive to the Northern States as to the Southern States.  Northern States could no longer ban black people. (Although the remarkable State of Oregon did not repeal it’s African-exclusionary laws until 1926, and only ratified the Fifteenth Amendment until the centennial of that State’s admission to the Union in 1959)(Oregon’s 1844, pre-state, pre-war position on slavery was that all blacks, free or slave, should be whipped and lashed twice a year until they left the territory).

Former California Governor Pete Wilson, by contrast with both Roger Taney and Donald Trump, understood that and would have returned to the individual states the power to determine citizenship by repeal of the “birth clause” of the Fourteenth Amendment.  One can easily imagine, almost too easily, how permitting the states to determine citizenship would be nearly equivalent to allowing secession—because Hawaii, for example, could pass a law decreeing that no “Howlees” (i.e. Anglo-Saxon or other European Whites) could ever be citizens of Hawaii—and so effectively dissolve the ties between that improperly annexed Island State and the rest of “the Union.”  (Hawaii currently has the most radical and politically “real” and active secessionist movement in the USA).

Even if the States COULD determine citizenship, the balance of the 14th Amendment still protected everyone “subject to the jurisdiction” of the United States with regard to Civil Rights…. so even if there were no “national standard for citizenship” there could still be a “national standard for civil rights.”
 

Carrie Luft’s Extraordinary First Amended Complaint Allowed in the Middle District of Florida

Magistrate Judge Sherri Polster Chappell of the United States District Court for the Middle District of Florida sitting in Fort Myers has made me feel like Peter Pan: She’s made me want to crow:  “I’m just the cleverest fellow ’twas ever my pleasure to know!”   Magistrate Judge Chappell has also given Carrie Luft an extraordinary chance to litigate some unique questions of first impression in the USA, such as whether the USA needs a CIVIL Constitutional Writ equivalent to Habeas Corpus, for which I have suggested here (as I have been advocating, on-and-off now, for twenty years) the adoption of the Mexican Constitutional Writ of Amparo:

06-15-2012 First Amended Complaint Carrie Luft 06-15-2012

06-15-2012 Affidavit of Mario Kenny 06-15-2012

The Juicio de Amparo (which can be only VERY roughly translated into English as a “Writ of Prohibition”) enshrined in the Constitution of Mexico is a Constitutional Proceeding with the full force and effect of a CIVIL Writ of Habeas Corpus such as has never existed in the United States.  Historically, this writ originated and was designed by the early 19th century revolutionary Creole (Hispanic White, First generation Colonial) jurists of my “second home” state of Yucatán, so strangely aligned from the late 1830s onward through Ernesto de Zavala (born in Ticul, Yucatán) with my “first home” state of Texas.  Of course, it was neither Zavala who authored the Texas Declaration of Independence and gave his name to the State Archives building in Austin nor the famous Editor of the three great “incunabular” press journals of Southeastern Mexico, El Fenix de Yucatán, El Museo Yucateco, and the Registro de Yucatán, namely Justo Sierra O’Reilly who solicited Congress to admit Yucatán as a State in the 1840s.  Rather it was a figure even less well-known to even to the well-educated American, by the Manuel Crescencio García Rejón, born in Bolonchenticul, Yucatán, a small town now renamed in his honour Bolonchén de Rejón, in the (now separate Mexican) State of Campeche and across the Puuc (Hill Country of Yucatán) from Ticul itself where Zavala was born.

Bolonchen means “Nine Wells” in Yucatec Maya. The number nine is quite mystically intriguing here, being, however coincidentally, not only the number of levels of Hell in both the Maya Underworld of Xibalbá and Dante’s Inferno, but also the number of justices who sit on the United States Supreme Court…. It was the Nine Justices of the U.S. Supreme Court, especially Chief Justices John Marshall and Roger Taney, whose theory of Constitutional review by judicial procedure so thoroughly impressed and influenced this heroic Hispanic jurist whose name should become famous in the United States of America:

Manuel Crescencio García Rejón

1799-1849

A Great Mexican Constitutionalist and Yucatec Creole Nationalist

I feel strangely certain that if telephones or the internet had existed in the 1830s and 40s, the provincial creole patriots of Yucatán, introduced through Ernesto de Zavala and Justo Sierra O’Reilly, would have thoroughly made friends with John Caldwell Calhoun, Chief Justice Taney, and the other great Southern Constitutionalists of that time, and that Mérida would have become the Southern terminus of a cross-Gulf commerce linked to Galveston, Mobile, and New Orleans in a “Greater South” including all of Mexico after 1848.  In light of subsequent history, in light of the likely union of our countries within the next hundred years, it cannot be said that it would have been so bad for all this to happen a century and a half ago.  For one thing the Creole and Native American Mexicans would never have had to suffer the indignities and inferior status to which they have been relegated by the strangely “colonialist” policies which resulted from the United States’ FAILURE or REFUSAL to integrate Mexico in 1848…. the Hacendados of Mexico would have aligned themselves naturally with the Plantation Owners of the South and the large Indian populations would have had MORE protection under American Constitutional Law than they had under MOST of Mexican history–but all this is a terrible digression from Carrie Luft’s Crusade against the Corruption in Florida Courts (although it is a corruption echoing Miami’s status as “the Capital of Latin America” and Florida’s status, with Louisiana, as the Northernmost Banana Republic…..

I reiterate, we NEED your responses to Carrie’s survey, and so far we have gotten VERY FEW:  06-06-2012 DECLARATION CONCERNING JUDICIAL HABITS

Please circulate this all around and return to one of us, either to Carrie directly or to me c/o Peyton Yates Freiman at our “Home Office” of 603 Elmwood Place, #6, Austin, Texas 78705 or to me at Mid-Cities Escrow in Downey:

MID-CITIES ESCROW, Charles Edward Lincoln, III CEO & Director,

10890 Paramount Blvd., Downey, CA 90241, (562) 861-2251 facsimile.

or by e-mail here to this blog!

Death Came, as it must to all men, to Georges Kourembanas, my brother-in-law, age 51

I will say it again:

I have been an unworthy hypocrite to judge you; you and I were so much alike; you were always my brother; I shall miss you.

CEL III: Georges Kourembanas was a big man

He was a great body builder!

Georges in competition sometime in the mid-1980s

who loved his women, loved his dogs, loved his liquor and cigars, and was loved by all in turn.  He was strong and seemingly indestructible, but he just died at age 51.  How I resented him!  How I envied him!  How I hated him for his life of leisure and luxury living the last ten years of his life on Greek Islands in the Aegean and Cancun!  How I envied the fact that certain people loved and cared for him who could not love and would never care a fig for me!   How I wished that I were as physically strong as he was!   How I wished I had his life, and so, could any two males of the human species be less alike than me and my brother-in-law Georges, who died one week ago on Friday, January 22, 2010, at about 8-8:30 PM in Cancun, Quintana Roo, Mexico, at his home with his mistress Lena who called him “Daddy”, even though knowing that he was beloved by his wife Lisa?

Last Saturday January 30, 2010, Georges Kourembanas was laid to rest beside his father, Panagiotis Kourembanas, a Greek Orthodox Priest, who also died young (at 54, in 1984) in Detroit, Michigan, though both father and son were born in Athens, Greece.  His family all surrounded and mourned him during this past week, although he had literally been an exile, shunned or ignored by all but his Anglo-American wife Lisa, who collapsed at the graveside, his mother, who after 37 years in the United States speaks less English than most foreign secondary school pupils immediately after flunking their first year exams in English, and his sisters, one of whom is my wife from whom I have been estranged for 8 continuous years now and my son, whom she and the system hid from me until he broke through the barricades and found me.

Not having any memory of the heartaches associated with Georges during 1990-1999, my 17 year old son Charlie was very sad about his uncle Georges, who died at age 51, just about two weeks after his birthday in fact, which was January 9—he was born in 1959, one year, three months and one day older than I am now.  He was healthy, at least considering everything, he was a body-builder (contestant representing Greece in the Mr. Universe pageant in 1983), who later became addicted to steroids and then to crack cocaine, which caused his family (including me) no end of trouble and grief.  But he was a good natured and happy guy. “I have come to bury Caesar, not to praise him”, said Shakespeares’ Mark Anthony, “the evil that men do lives after them, the good is oft interred with their bones, so let it be with Caesar.”  In Georges’ case, it seems almost exactly the opposite (his family cried and forgave him all his sins), except that I plan here to write the good, the bad, the ugly, and try to put it all in the context of the world that I think made him who and what he was, and how he and I, as unlike as any two people could be, in so many ways have travelled along similar and parallel paths…rather lonely, difficult paths in fact….

You see, Georges and I both became, in very distinctive ways, victims of American injustice and oppression and the corruption of the American government in the “land of the free.”  We were both deprived of our rights.  We were both made to seem less that ordinary worthy citizens, and we suffered from these unconstitutional offenses against us, as did our country which inflicted these offenses…

First I should quote what my son Charlie, born August 23, 1992 under windows taped with St. Andrews Crosses at St. Mary’s Hospital “Birth Place” in Palm Beach, Florida, during the early landfall of Hurricane Andrews, wrote about his Uncle—(The Following Paragraphs are Charlie’s epitaph for his uncle):

CEL IV: To me, to my mother, to his own mother, and to his wife and friends, Georges Kourembanas was a Great Man, he lived a life that in some ways was extraordinary, eccentric, perhaps unenviable, but many, including some who never met him, would agree that there was something Great about his heart and soul as well as his body—his physical strength.  His mother was my maternal grandmother, Neonina (aka “Nina”) Kourembanas.

One of the dearest of all God’s Saints to me is Saint George.   I grew up reading my Father’s English stories of St. George and the Dragon under the white and red flag of England, but St. George was also the Patron Saint of my mother’s native Greece with its universally recognized blue and white flag, but also of Aragon, thus triangulating Europe (and my parents’ lives—my mother from Greece, my father of Anglo-American heritage, but they met in Mexico, speaking Spanish).   One of the few things my parents ever agreed on was to celebrate St. George’s Day on April 23, and we used to go to Saint George’s Church on St. Charles Avenue in New Orleans, where there were dragonslayer windows made and set by George Comfort Tiffany (damaged but not destroyed in Hurricane Katrina, 2005).

My Uncle Georges, had a traditional Orthodox Greek icon of Saint George in his room above his bed.  One of my earliest memories with Georges was in the 90s when I went to a Karate Tournament.  I won by tapping my opponents head, Georges remembered that very well and reminded it to me many times; I imagine he was proud as he himself was a boxer who won “golden gloves” in several tournaments (he told me this when I was in Cancun during the summer of 2007).

If I were to describe my uncle Georges in one word it would be that which he told me ran in our blood, Spartan.

Beside mere physical ability strength Georges was one of the kindest men I have ever met, he would often tell me that he loved me with all his heart, and “Charlie I have a big heart.”

Together while spending the summer with Georges in Cancun during July and August of 2007 he decided to train me in body building for he was one of best bodybuilders in the world. During the 80s he was awarded Mr. Michigan three times consequently he went to Greece and became Mr. Greece then in the Mr Universe competition which he won 8th place at Caesar’s Palace in Las Vegas, Nevada.

Georges Kourembanas was born in the Kingdom of Greece, son of an Orthodox Priest who married a model, so an unlikely start for a champion body builder. His Mother and Father immigrated to the United States in 1970 foreseeing the downfall of the Dictatorship of Papadoupoulous, and meeting up with George’s maternal Uncle John Samohin and George’s maternal Grandmother in Detroit, bringing both of Georges’ young sister, my mother Elena, with them (my aunt Alex was born in Detroit in 1973).

In the summer of 1974, after Georges had already started working out at the original PowerHouse Gym on Woodward St. in Detroit,  Georges went to Greece to visit with his parents and little sister Elena; there he witnessed the commotion in the streets of Athens during the Turkish invasion of Cyprus.

By 1980 Georges won “golden gloves” in boxing, having already won 1977 Teen Mr. Highlands 4th Place, and several other teen bodybuilding awards.  After graduating from High School George went to Wayne State University in Detroit. In 1981 Georges won Mr. Michigan, then in 1982 he was awarded Mr. Michigan Most Muscular, and then in 1983 he won 1st place Tall Mr. Michigan.

Since Georges was born in Greece, and could was not eligible to compete for the American title Mr. USA, so he went back to Greece to become Mr. Greece and to represent Greece in the 1984 Mr. Universe tournament in Las Vegas at Caesar’s Palace, where he took eighth place.

In 1984 Georges and his family suffered the loss of his Father, Panagiotis (aka “Peter”) Kourembanas; who was a Greek Orthodox Priest and fell of a heart attack while delivering the Good Friday Sermon in Toronto, Canada (Detroit and Toronto form part of the same Orthodox Diocese, or at least they did back then).

Georges by this time had already come to be known as ‘The Greek’ in many parts of Detroit. He met his future wife Lisa Ann Cook in 1983/4.  She was a beauty queen and a body builder herself—they were quite a striking couple.

Like so many athletes, I’m afraid that my uncle succumbed to the temptation of “enhancement” drugs, i.e., steroids, and unfortunately for him this led to other kinds of “substance abuse” with consequences I think my father will write more about below.  Drugs are apparently sold on credit—but since repossession of collateral to users is rarely an option, collection techniques tend to be significantly more than dunning letters followed by notices of default and acceleration.

In connection with one deal gone bad, Georges was shot on Valentine’s Day, February 14, 1990, in the head through the ear, a bullet that he would carry with him to his death, and while still conscious he protected himself, left the area in his 1987 Camaro, and instead of going to the hospital right away he drove, with blood squirting out of head, to Lisa under the impression that he was going to die. When Lisa saw him she convinced him to go to the hospital where he spent about a week not knowing wheather he would survive or not. By the Grace/Protection of God Georges said he survived.

Georges was shot again in Austin on Christmas morning 1990—he carried some of the bullets he got on those two occasions to his grave, but God had other plans for him than to die a victim of crime.  Instead, Georges died a victim of injustice, American injustice, and that’s where my father is going to take over and write the rest of this.  I can say very little more, except that my whole family have cried every night since he died, and I have lost one of my best friends, one of the few people who remained loyal both to my Father and Mother (along with his wife Lisa) during their long divorce and fighting.

CEL III: I confess that there was a time when I felt my brother in law was a terrible burden, an imposition, a weight sinking my life which I could not bear.  I blamed my wife and mother-in-law for what I called their “Co-Dependence” on Georges during his steroid abuse and crack-cocaine addiction years.  Today as we all remember him, I will try to forget the bitterness that I once felt—the unjust accusations I once made that he was the breaking factor in my marriage to Elena—because it was obviously our fault and no one else’s—oh well, perhaps some fault can be laid at the doors of “the system”, some of its judicial officers and agents, and particularly one false and treacherous Hungarian archaeologist ex-friend of mine, perhaps they were to blame also, but not Georges—Georges was true blue—flawed but stained if by anything then only with his own blood, and his own human frailty—yes, frailty, for all that he was strong enough to tear phonebooks apart.

Most of the substances which constitute modern illegal drugs have been known to man since the dawn of time….at least since the beginning of civilization. Some modern drugs, like “LSD” the favorite of so many young people in the 1960s-70s, and “Crack”–the synthetic form of Cocaine which became popular in the 1980s, and to which Georges eventually became addicted, are artificial, but clearly the need for mind-numbing intoxicants and poisons is one of the “discontents” of civilization to which Sigmund Freud so often referred.

In Aldous Huxley’s “Brave New World”, a substance called “Soma” was rationed out to all people liberally—without any of the side effects of alcohol or other drugs.  The importance of drugs to the 19th century British Empire is epitomized by the “Opium Wars” which forced drugs on an isolationist China.  The importance of drugs to the 20th century American Empire is punctuated by the events of 1919, during which year the United States acquired the patent for Heroin and Bayer Aspirin from Germany as part of the Treaty of Versailles, at the same time that the United States passed the 18th Amendment imposing the Prohibition so definitive of the 1920s, and the origins of both organized crime and the earliest formation of a Federal Police State in the United States of America.  There are those who say that William Randolph Hearst was responsible for making George Washington’s favorite crop—Cannabis Sativa illegal in the 1930s to protect his own interest in synthetic fiber ropes, but the true beneficiaries of the suppression of marijuana were each and every police department and above all the FBI, DEA, and ATF organs of the Federal government, which grew and maximized their power with every new “commercial” regulation of drugs in violation of the constitutional liberties of the people.

Psychoactive or narcotic drugs have been used throughout history, and alcohol is still used without prescription to this day.  So I have asked myself, since I was a small child, how is it that opium aristocratically inspired so many poets and other historical figures from Roman Emperor Marcus Aurelius to Cardinal Richlieu, as well as Samuel Taylor Coleridge, Charles Dickens, Sir Arthur Conan Doyle, and Edgar Allen Poe only to become an abomination forbidden by law in modern times….all over the Americas and Europe….

The reason to me is obvious: government cannot thrive except by forbidding and monopolizing that which people crave.  The earliest example of this in the history of the United States is the play of righteous emotions similar to those I confessed, at the start of this post, to feel about my brother-in-law Georges: envy and resentment of what others have.  The War Between the States in the years 1861-1865 was about many things, but one of them was the envy and resentment of the Northern Whites who prided themselves on hard work and self-sacrifice against the more indulgent, hedonistic, and languid slave-owners of the Southern white world.

The 13th Amendment forbade slavery or involuntary servitude, “except as a punishment for crime”—and from the day of Lee’s surrender at Appomattox until the present day, the prison population of the United States of America has grown until it is the largest in the world (relative to the population of the country as a whole) and the absolute number of incarcerated, paroled and otherwise judicially restrained black people now exceeds the number of African-American slaves in 1860 (and the number of white prisoners, parolees, and probationers exceeds the entire population of the American Colonies in 1776).

Three years before the secession of South Carolina on December 20 1860 through the secession of Texas on February 1, 1861, the United States Supreme Court, per Chief Justice Taney, handed down a significant decision in a case called Scott v. Sanford (1857) which decided, among many other things, that one state could not declare to be illegal a form of property which was legal in others, as a matter of comity, due process of law, and many other reasons.  The “due process” reasoning of Chief Justice Taney’s opinion in “the Dred Scott” case is still worth reading, although the memory of the 19th century’s most deadly and devastating war, three constitutional amendments, and many generations of civil rights litigation have otherwised tarnished the memory of the only U.S. Supreme Court case which can ever be said to have had an effect more disastrous than the Judgment of Paris….

So the thirteenth amendment abolished slavery or involuntary servitude EXCEPT AS A PUNISHMENT FOR CRIME, and all of a sudden, the U.S. Criminal Codes started to expand exponentially—because civilized society will apparently not exist without slaves.  Having abolished one species of private property by war and constitutional amendment, the United States Government in the 20th Century started to regulate all manner of commerce and private property, which caused much unhappy spinning in the graves of the Founding Fathers.  Worst of all, the 1920s saw the triumph of the First Prohibition, in which the constitution was amended to forbid the sale of alcohol.  Having proved to be the worst experiment in the moralistic legislative history of the human race, Prohibition of Alcoholic Liquors was repealed in December  of 1933, but it was almost immediately replaced by utterly unconstitutional restraints on drugs such as cannabis sativa, cocaine, opium, and all their derivatives.  The “commerce clause” justification for the federal regulation of drugs is a farce, one of the cruelest hoaxes ever played on a free people, but to explain why no American Patriot would ever suggest that George Washington should have ploughed under his profitable “rope” crop would just be to go too far astray from this story, which is still about my brother-in-law, Georges Kourembanas.

The bottom line, to my mind, is that Government wanted to expand its power, and Government DID expand its power, by controlling what people have always naturally desired and craved: narcotic and psychoactive drugs.  The “War on Drugs”, since the phrase was coined by New York Governor Nelson Rockefeller in an attempt to fill the prisons of his state and build more, but especially since this “War” was adopted by Richard Nixon whose advisors told him not merely to make “detente” with Communist China, but also to start emulating its policies of mass incarceration, has operated as one of the largest slavery-cum-corporate welfare programs in the history of the world.  Vast numbers of unemployed youths, skillful middle-aged businessmen, and entrepreneurs of every kind have, since about 1966, been swept into prison through coerced plea agreements engineered by a cabal of licensed attorneys and the judges who love and control them together with the corporate franchises which fund all of them, and between 1-2% of the American population is now locked into slavery from which escape is much less likely, and emancipation much more stringently regulated, than Antebellum slavery ever was in the South.

Computers mean that tracking of “escaped slaves” is much more certain and recapture much more likely than it ever was in the days of the “underground railroad”—and of course, all middle class whites, Northern and Southern, Eastern and Western, rejoice in the burgeoning population of the prisons until they or their relatives end up in the trap—at which time it’s just “too bad, so sad” that the privileged middle class population never learned that “none can be free until all are free.”

White America loves the “war on drugs” and the explosion of prison population which has accompanied it.  African and Hispanic Americans can be disproportionately incarcerated for the most trivial crimes, and the most uppity and enterprising white people are likewise incarcerated or threatened with incarceration whenever they get to “uppity” and/or “big for their britches”—unless of course, they are part of the truly immunized elite inner circle.  Entrepreneurial spirit and individual initiative rot in prisons—but corporate values flourished and corporate subservience is instilled in prison, in case you missed the lessons or ignored them in U.S. Elementary-High School (or for that matter in British schools whether portrayed by Dickens or in Pink Floyd’s “The Wall”).  Every indication is that President Barack Hussein Obama fully intends to crush every relic of American freedom that exists, and enforce a rigid conformity to his plans by ever expanding the powers of government through Homeland Security and more and more prisons, private and/or public. Guantanamo will eventually be closed, of course, and replaced by prisons inside the U.S. where indefinite detention without trial will be permitted and the Writ of Habeas Corpus lost forever.

But this is the unjust world reality which trapped and destroyed Georges Kourembanas during the years 1990-2000 and, more than any other single factor, caused his death in exile, however luxurious, in Cancun, Quintana Roo, Mexico on January 22, 2010.

You see, Georges, as noted above, was not born in the United States.  He was accepted and respected as an American in Michigan for years, as so many immigrants have been.  But Georges never gave up his Greek passport—he was content with a “Green Card” (as was his sister, my wife, throughout our marriage—although since our separation she has apparently gotten a Blue American Passport and given up her Democratia Hellinika-E.C. Diabaterio which I always thought was so neat….).  Well, at the very least, she’s voting now…..I’m not quite sure about all that….but I digress…

Georges Kourembanas was (unsurprisingly) arrested several times during his years “under the influence.”  In this he differed little from another fellow named George who just happened to be governor of Texas in 1999.  Aside from the natural class-based consequences of having an Orthodox Priest rather than a U.N. Ambassador and CIA Director for a Father, Georges Kourembanas’ life was little less accomplished than George W. Bush’s.  But as George W. Bush was riding on the modern American prison-based slave-ocracy and its attendant envies and corruptions, Georges Kourembanas was arrested and the government of his adopted land sought his deportation.   There is no “exile” for American citizens who misbehave, but there is deportation for legal residents who do the same or less.  Literally HUNDREDS OF THOUSANDS bordering on MILLIONS of Hispanics are imprisoned throughout the United States for nothing much more than job hunting and maybe then getting drunk (and stopped) on a Saturday night.

I have often said that if Mexico were to imprison rowdy Americans in Cancun, Acapulco, and Mazatlan at the same rate that Mexicans are rounded up in the United States, that the United States would invade Mexico and bring about the North American Union immediately, without further delay or debate.  I also think to myself that there is no real contradiction between building a big prison-like unescapable/uncrossable fence along the Mexican border and proposed a North American Union, because the corporate powers of the United States would like nothing better than to convert Mexico into one gigantic prison-labor camp from which workers could be employed or removed as market conditions should necessitate.  If the politicians of Mexico had any pride….things would be different, but they are mostly former employees of American Corporations such as Coca-Cola, so it hardly matters.

“Moral Turpitude” is what makes people like Georges Kourembanas deportable.  “Moral Turpitude” is a concept as amorphous as “original sin” which Immigration Courts use to send “undesirables” back from whence they came.  Was Georges Kourembanas less desirable than George W. Bush?  In my opinion, and probably in the opinion of hundreds of thousands of widows and orphans around the world at least from Iraq-to Afghanistan, there is really no comparison or competition at all.  Georges Kourembanas as a man who loves his women, loves, his dogs, and loved his liquor, and never hurt anyone.  “No one died when Clinton lied” was one of my favorite Bush-era bumper-stickers.

Georges family—my in-laws—took good care of him at the same time that they shunned me as my marriage to his sister resolved itself into a dew.  Care packages and love and visits flowed from Austin to Athens during the early 2000s after Georges took “voluntary departure” instead of deportation—he could have contested deportation but he would have stayed in jail for God knows how long while he did, and he was never convicted of anything which the Greek authorities thought worthy of note.  After a year or so in Athens Georges eventually settled in a Lemon grove amid olive and fig trees on a little island in the Aegean.  He lived there with Lena his mistress while his wife Lisa and his mother and sister and even my son visited him de temps en temps.

I am sure he was lonely and bored living there in a fruit orchard, but his family took care of him, so he never had to work, and I did envy him his existence no end.  I lived along during the years 2002-2007, but I talked to Georges’ American wife Lisa—sometimes almost daily, sometimes only once a week, recently (especially since I left Texas in 2007) not quite so often.  But Georges and Lisa talked to me and helped me keep up with news about my son when the truly criminal state domestic relations courts of Williamson County, Texas, took my son away from me.  So I got to know Georges better and talked to him more often by telephone during those years than I ever had when he lived in the United States.  And yes, Georges was a very kind, good, and big-hearted man, and he always assured me that my son loved me and missed me—and he was obviously telling me the truth.

His wife Lisa?  Well, I have often written that Georges and Lisa were like Tristan and Isolde—always separated, always longing for each other.  Lisa was the ideal loyal and patient wife, in every way tolerant of Georges and his needs (including his need for a permanent female companion on the other side of the Atlantic).  In spite of the situational peculiarities, I think that they really did love each other on an epic, Wagnerian level which few can understand.  Lisa supported Georges, assisted occasionally by my wife Elena and her mother Nina, not so much by any of the other Greek relatives on this side of the Atlantic, except possibly for Tia Maria whom I only met a few times at her home in Jackson Heights, Queens, New York City.  Lisa, like Georges, had a huge heart, great compassion and almost boundless love, at the same time that she became physically weak due to breast-implant poisoning caused by Dow Pharmaceauticals.  She was as much a victim of the American Corporate love-hate affair with drugs, in that sense, as Georges himself.  But Lisa was my true and steadfast friend and through her love for Georges I came to care for my brother-in-law more than I ever dreamed I could have.  My wife Elena always resents the fact that Lisa (alone among my in-laws) supported me in my quest for custody of my son, and she sometimes quotes hatefully and sarcastically how I called Lisa my “Rock of Gibraltar”, but I stand by my evaluation.  I know of no one truer and more loyal and steadfast than Lisa Ann Cook, and Georges was the luckiest man alive to have the love and generous acceptance and tolerance and support of such a wonderful woman, who never judged others but always tried to understand why those who inflicted harm on her might have done so.   In this, she was the truest of true Christians.

So Georges was strong, likable if not downright lovable, and yet he was caught up in currents of history which rendered his life difficult, a struggle, almost impossible.  He was “a man without a country”—never quite American enough to give up his Greek passport while he was living here throughout the nearly thirty years from 1970-1999.  Georges Kourembanas was a three-time “Mr. Michigan” (different awards) who represented Greece in the “Mr. Universe” competition in Las Vegas, Nevada.  He was determined to be a morally turpitudinous undesirable by the same government which created first the demand for drugs and then the war against drugs as a means of maximizing governmental power and control over the population at large.

Was America made any safer or more morally upstanding by deporting my brother-in-law?  No, definitely not—America became poorer and probably more dangerous—indeed, almost certainly more dangerous, because every person removed against his will is another person whose destroyed life is a feather-in-the cap of brutal authoritarianism in America.

Several members of my family-in-law feel so very sad and guilty that they did not do more for Georges during his lifetime.  My main suggestion that may have improved his life was that he relocated from Greece to Cancun, and was closer to his family during the last several years of his life as a consequence.  I made this suggestion because almost as completely as the United States as George’s adopted homeland, Mexico era durante muchos anos mi segunda Patria, aun mas que Inglaterra—Mexico was the land of more of my young adulthood life, dreams and ambitions than any other, and I figured that George could benefit from the amazing Caribbean winds and waters of Northern Quintana Roo.   I had intended to spend at least half of time with Georges in Cancun (en mi Mexico lindo y querido), but for several reasons that never happened.  I am happy to say that my son Charlie, whose first trips outside the U.S. were to Yucatan and Quintana Roo Mexico as a baby, toddler, and elementary schoolboy, was able to spend one summer with George in 2007—even though the purpose at that time was to make sure that Charlie spent as little time in contact with me as humanly possible….

One of the reasons, of course, that I was lacking in funds to spend half of my time in Mexico during the first decade of the Third Millenium Anno Domini was the troubles I had during these same years with the same American government which oppressed my brother—yes, in that he was not just my brother in law, but my brother.   I too had to struggle with charges of ridiculously trivial criminality (I never did drugs—at least I have never done them as a mature adult—that wasn’t my problem—I had plenty of others—when I was indicted (coincidentally in December 1999, shortly after Georges took his involuntary departure) my pre-trial release officer finally stopped giving me the degrading urine tests because they were just pointless).

I too had to struggle with questions of moral turpitude and the significance of such charges for my professional life.  I had had such a fine education and opportunities unparalleled in most people’s lives.  I was very lucky.  But in 1997 I had stood up to the system and sued my local police department for not one but 7-9 instances of police brutality, corruption, and civil rights violations.  And at that point, all-of-a-sudden, my previously essentially dull and blameless life became “morally turpitudinous” and I became in the eyes of many critics an “incompetent attorney.”

So if Georges Kourembanas can hear me—if he had a coin for the Ferryman Charon and has thus crossed the River Styx—or if he is standing somewhere in the upper levels of limbo or purgatory, I hope he will hear my apology for my hypocrisy in criticizing him, in thinking myself superior to him, in believing that my education was in any way superior to his physical strength and good heart (even though his physical heart finally gave out on him, much too soon).  I apologize to him that I could introduce him to the Quintana Roo and Yucatan and Mexico and Belize that I know and love, because I think it would have made his last few years so much better than just hanging around the beach and hotel zone of Cancun.  He and I were both victims of some of the very same authoritarian and repressive forces in the United States in Texas which reached their political apogee in the years after 1993-6.  He and I were both victims of the streamlining and mass production of criminal prosecutions in the United States which all have, as Ayn Rand predicted so many years ago, the sole purpose of rendering us all “criminals” just waiting to be arrested here “in the land of the free” or any of the formerly freedom-loving countries of Europe or the Americas.

Georges and I are also victims of some of the same personal and familial situations.  Now in his epitaph I will not speculate here on what any members of his family could have done for him that they did not, because all I know for sure is that they loved him more than me, so very much more, in spite of all his flaws, and since he was blood, I suppose I can forgive them that.   But in the midst of all that I think he was ten times blessed to have Lisa as his wife and lifetime companion and supporter.   The bottom line is that our two lives, so different, as that of my late brother-in-law and my own, were actually parallel in terms of the circumstances of our “exile” from society.  I still envy him for all the love he enjoyed, and up to a point, I even envy him his early death in Mexico.  Sometimes I wish that I had died, when I had the chance, ten years ago in Egypt.  But I apparently had a purpose to live, and for that reason I do continue to live, and breath, and fight, and remember the pointless injuries done to Georges, my brother-in-law, my brother-in-suffering, and my brother-in-the sometimes loneliness of exile.