Category: US

Posted on

Lawsuit Against Harvard for Racial Quotas Continues

(Harvard University, one of the most well known U.S. schools)

The full text for UN Global Migration Compact is RIGHT HERE.

Please sign this: PETITION E-1906 CLICK HERE

A lawsuit continues today against Harvard University filed by several Asian students. They allege that Harvard has “racial quotas” to fill, and that Asian students, despite on average having higher academic accomplishment, are not getting offers of admission at the rates they should.

The suit alleges that only about 20% of offers of admission — in continuous years — go to Asian students, even though their population is applying in even higher proportional rates, and that they are on average more accomplished.

Let’s make an important distinction of equality.
(1) Equality of opportunity: Everyone is treated the same. Everyone has the same chances to rise or fall based on their own actions. This creates a merit based society, as is explained here.
(2) Equality of outcome: Different rules are used to ensure certain results are obtained. If 50% of the general population are women, then 50% of the group will be women. If 35%, 25%, and 10% percent of the population are races A, B, C, then the racial makeup of the group will be 35%, 25%, and 10%. This completely undermines a meritocracy, as double standards will almost always have to be used.

The Washington Post linked a transcript in one of its articles. It is worth a read. Although that is appreciated, there were a few commenters in the article that merit listing.

There was Sarah F. Cole, and African American who graduated in 2016, who said: “Race-blind admissions is an act of erasure. To not see my race is to not see me.”

and this one ….

“Tang Diep, a Vietnamese immigrant who is currently a senior, said: “I personally, really believe that I benefited from affirmative action. Like in allowing the admissions process to take into account my race and ethnicity, it allows my immigration history to be taken into account. It allows my own experiences of overcoming the — my racial identity when I was younger and understanding that to really be portrayed….

That is right. These people are actually defending race-based discrimination. Rather, they seem to completely miss the point, while this man didn’t. Disregarding a person’s race for college admissions or job offers is not “erasing” them. Rather, it is treating them equally and fairly.

The EQUAL PROTECTION CLAUSE of the 14th Amendment reads as follows:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

It will be interesting to see how this plays out. The U.S. Supreme Court has already made some rulings on the issue of affirmative action. For example:

Regents of the University of California v. Bakke, 438 U.S. 265 (1978) ruled that affirmative action was legal, but that setting aside a certain number of spots for a specific group was illegal. Actually, this seems to be what Harvard was (allegedy) doing.

Grutter v. Bollinger, 539 U.S. 306 (2003) ruled that the University of Michigan Law School could have affirmative action in order to bolster underrepresented groups, but like with Bakke, specific quotas could not be set.

The Supreme Court has ruled that affirmative action was okay within the parameters of merit, in essence. So equality of outcome is okay, as long as it is done within equality of opportunity. Oh, the mental gymnastics of the Supreme Court Justices.

Race and IQ has long been a contentious topic for debate. So has the topic of race and academic accomplishment. Here is one such finding. And a quick online search will find many studies done which contrast IQ and race.

One development worth watching is the U.S. President Donald Trump is encouraging colleges to stop the practice of affirmative action, and to steer more towards a racially-blind admissions process.

Of course, there is a Canadian perspective of the issue to be shown here. (This is CanuckLaw after all). Affirmative Action is directly mentioned in Section 15(2) of the Canadian Charter of Rights and Freedoms.

>Equality Rights
Marginal note:
Equality before and under law and equal protection and benefit of law
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Marginal note:
Affirmative action programs
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

In fact, there is an inherent contradiction within the Canadian Charter itself. 15(1) promotes equality of opportunity, while 15(2) promotes equality of outcome.

Canadian National Railway Co.v. Canada (Human Rights Comm.) and Action travail des femmes (1987), 8 C.H.R.R. D/4210 (S.C.C.) was one such case in Canada, where the Canadian National Railway was ordered to have 1 of every 4 new hires to be women. The Supreme Court of Canada noted that 0.7% were female, and enforced the original Human Rights Tribunal order.

The fact that women were, on average, much less inclined to seek heavy manual labour was irrelevant. The vast discrepancy “had” to be because of systemic bias.

In summary, affirmative action (whether it is racial, gender, or otherwise) should not be a part of society. In a “merit-based” society, people succeed on their positive merits: education, experience, attitude, work ethic, qualifications, etc…. Further, people should fail based on negative traits: lack of experience, lack of education, poor attitude, etc….

As was outlined earlier in the article, there is a huge difference between (1) Equality of Opportunity; and of (2) Equality of Outcome. The former promotes the idea that hard work drives success, while the latter argues all of that should be negated in favour of a “politically correct” group that reflects the general population. These 2 ideas cannot co-exist, as they are contrary to each other.

It will be interesting to see how the U.S. case plays out. The U.S. Supreme Court has (for now) been willing to allow affirmative action to take place in higher education, provided no specific quotas were used. This appears to violate that exception, but we will have to see.

Final thought: A workforce or a college class should comprise a group that works hard. It should not look like a random sample of society …. just because it’s 2015, or some such nonsense.

Posted on

Destroying National Borders — The U.N. Global Compact for Migration

This agreement, though it sounds harmless enough, should send chills down the spine of anyone who values having a nation, and a national identity.

For some perspective, the European Union, (E.U.) decided to impose migrant quotas on memberstates, with or without their consent. Last September, the European Court of Justice rejected challenges brought by Hungary and Slovakia. Poland and now Hungarynow face the loss of voting rights. The E.U. will punish member states who dare to act in accordance with their constituents’ wishes

Victor Oraban of Hungary has become a de facto leader of defending nation’s rights in Europe. See here, see here, and see here.

For those of you interested in the topic of nationalism, Steve Turley is a YouTuber and conservative author I frequently watch, and here is a review of one of his latest books. Check him out.

As for the UN Global Compact on Migration, it would in essence be the global version of what the E.U. is already doing to Europe. Member states are having their arms twisted and threatened with loss of voting rights and other sanctions for not complying.

This is in fact referring to hundreds of millions.

Today, there are over 258 million migrants around the world living outside their country of birth. This figure is expected to grow for a number of reasons including population growth, increasing connectivity, trade, rising inequality, demographic imbalances and climate change. Migration provides immense opportunity and benefits – for the migrants, host communities and communities of origin. However, when poorly regulated it can create significant challenges. These challenges include overwhelming social infrastructures with the unexpected arrival of large numbers of people and the deaths of migrants undertaking dangerous journeys.

The full text of the agreement is about 34 pages. It lists 16 ”preambles”, and a further 23 ”objectives”. Here are a few:

4. Refugees and migrants are entitled to the same universal human rights and fundamental freedoms, which must be respected, protected and fulfilled at all times. However, migrants and refugees are distinct groups governed by separate legal frameworks. Only refugees are entitled to the specific international protection as defined by international refugee law. This Global Compact refers to migrants and presents a cooperative framework addressing migration in all its dimensions.

On the surface this sounds harmless enough. But remember, Trudeau (with Conservative support) is for letting people stay in the country, even if they sneak in under false pretenses. Remember, you get a hearing as long as you ”claim” to be a refugee.

7. This Global Compact presents a non-legally binding, cooperative framework that builds on thencommitments agreed upon by Member States in the New York Declaration for Refugees and
Migrants. It fosters international cooperation among all relevant actors on migration, acknowledging that no State can address migration alone, and upholds the sovereignty of States and their obligations under international law.

At least on paper, this is an improvement over the E.U. migrant quota scheme (which punishes dissent). However, we will see how ”voluntary” it really is.

Shared Responsibilities
11. This Global Compact offers a 360-degree vision of international migration and recognizes that
a comprehensive approach is needed to optimize the overall benefits of migration, while addressing risks and challenges for individuals and communities in countries of origin, transit and destination. No country can address the challenges and opportunities of this global phenomenon on its own. With this comprehensive approach, we aim to facilitate safe, orderly and regular migration, while reducing the incidence and negative impact of irregular migration through international cooperation and a combination of measures put forward in this GlobalCompact.

The UN document is using the same dishonest language of ”irregular migrants”. They are illegal immigrants, and border hoppers. I also don’t like when it says that no country can address the problem on its own.

National sovereignty: The Global Compact reaffirms the sovereign right of States to determine their national migration policy and their prerogative to govern migration within their jurisdiction, in conformity with international law. Within their sovereign jurisdiction, States may distinguish between regular and irregular migration status, including as they determine their legislative and policy measures for the implementation of the Global Compact, taking into account different national realities, policies, priorities and requirements for entry, residence and work, in accordance with international law.

Again, referring to ”illegal aliens” as ”irregular migrants”. This manipulation of language is infuriating. Reiterating that this is voluntary, but it will be interesting to see how much pressure is applied later.

OBJECTIVE 1: Collect and utilize accurate and disaggregated data as a basis for evidence based policies
.
17. We commit to strengthen the global evidence base on international migration by improving and investing in the collection, analysis and dissemination of accurate, reliable, comparable data, disaggregated by sex, age, migration status and other characteristics relevant in national contexts, while upholding the right to privacy under international human rights law and protecting personal data.

This sounds creepy and Orwellian. Will nations be forced to give up personal data to international agencies? See the last article here.

OBJECTIVE 4: Ensure that all migrants have proof of legal identity and adequate
documentation
.
20. We commit to fulfil the right of all individuals to a legal identity by providing all our nationals with proof of nationality and relevant documentation, allowing national and local authorities to ascertain a migrant’s legal identity upon entry, during stay, and for return, as well as to ensure effective migration procedures, efficient service provision, and improved public safety. We further commit to ensure, through appropriate measures, that migrants are issued adequate documentation and civil registry documents, such as birth, marriage and death certificates, at all stages of migration, as a means to empower migrants to effectively exercise their human rights.

The wording of this is troubling. How exactly will the UN help people gain identification? Will they take them at their word? Also, does this document refer to migration as a human right?

OBJECTIVE 11: Manage borders in an integrated, secure and coordinated manner
.
27. We commit to manage our national borders in a coordinated manner, promoting bilateral and regional cooperation, ensuring security for States, communities and migrants, and facilitating safe and regular cross-border movements of people while preventing irregular migration. We further commit to implementborder management policies that respect national sovereignty, the rule of law, obligations under international law, human rights of all migrants, regardless of their migration status, and are non-discriminatory, gender-responsive and child-sensitive.

Arguably the worst of them all. ”Manage borders in an integrated manner”? This would destroy national sovereignty.

Okay, here is the full list of the 23 objectives:


Objectives for Safe, Orderly and Regular Migration
(1) Collect and utilize accurate and disaggregated data as a basis for evidence-based policies
(2) Minimize the adverse drivers and structural factors that compel people to leave their country of origin
(3) Provide accurate and timely information at all stages of migration
(4) Ensure that all migrants have proof of legal identity and adequate documentation
(5) Enhance availability and flexibility of pathways for regular migration
(6) Facilitate fair and ethical recruitment and safeguard conditions that ensure decent work
(7) Address and reduce vulnerabilities in migration
(8) Save lives and establish coordinated international efforts on missing migrants
(9) Strengthen the transnational response to smuggling of migrants
(10) Prevent, combat and eradicate trafficking in persons in the context of international migration
(11) Manage borders in an integrated, secure and coordinated manner
(12) Strengthen certainty and predictability in migration procedures for appropriate screening, assessment and referral
(13) Use migration detention only as a measure of last resort and work towards alternatives
(14) Enhance consular protection, assistance and cooperation throughout the migration cycle
(15) Provide access to basic services for migrants
(16) Empower migrants and societies to realize full inclusion and social cohesion
(17) Eliminate all forms of discrimination and promote evidence-based public discourse to
shape perceptions of migration
(18) Invest in skills development and facilitate mutual recognition of skills, qualifications and
competences
(19) Create conditions for migrants and diasporas to fully contribute to sustainable development in all countries
(20) Promote faster, safer and cheaper transfer of remittances and foster financial inclusion of migrants
(21) Cooperate in facilitating safe and dignified return and readmission, as well as sustainable reintegration
(22) Establish mechanisms for the portability of social security entitlements and earned benefits
(23) Strengthen international cooperation and global partnerships for safe, orderly and regular migration

This global compact will undermine if not destroy what it means to be a nation.

If Canada (or any other nation) has to coordinate or integrate its border policies with the United Nations, then we don’t have borders.

Further, while under the pretense of ”helping refugees” the UN seems to want to have a say in how national migration policies IN GENERAL are handled.

Side Note: See here for a piece on ID requirements to vote in some Common Law countries. It is true.

Overall, the UN Global Compact for Migration is a frightening agreement. Anyone who values the sovereignty and independence of their country should be aware of, and opposed to this.

Posted on

South Korea, Japan Ban Citizens From Toking in Canada, U.S. Bans Pot Investors

(South Korean and Japanese citizens will not be allowed to smoke marijuana in Canada, even though it is legal here)

Marijuana, or weed, was legalized in Canada, as of October 17, 2018. Far from the most controversial legislation is has passed since getting elected in 2015. While the substance will for now still be regulated, for all practical purposes it is completely legal. A number of developments from this are happening.

First, is that the Canadian government intends to make it easier to apply for a pardon for those with a pot conviction. This similar to prior moves years ago which pardoned gays and lesbians for consensual sexual acts.

Second, it remains to be seen how the economy will be effected by this legislation. There has been widespread speculation that it will boost economic growth. The details are outside the scope of this article, though more information is coming available.

Third, the United States says it intends to ban those who smoke cannabis, or even those who invest in the product, such as stock or bond holders. While the U.S. does have the right to refuse entry to anyone it wishes, this does raise 2 interesting questions: (a) how would Border Control even find out; (b) does it infringe on citizens doing lawful activity abroad? In later versions of the story, the U.S. is said to be backing off on that proposal — at least for now.

Fourth, and probably the most interesting here is that South Korea has formally declared that any of its citizens who smoke weed may be arrested. This applies even in Canada, where the act itself is legal. South Korean citizens are subjected to its laws regardless of where they are in the world. Japan has done the same, warning citizens that they may be subjected to home laws even while abroad.

As an aside, it would be interesting to know how the officials would ever learn about it. However, people today do brag about just about everything online. Also, given the distance, bringing witnesses for a criminal trial may prove difficult.

Furthermore, could a Korean or Japanese national smoke weed, and then claim asylum here, on grounds that they are being persecuted? This sounds absurd, but not outside the realm of possibility.

The Japanese and South Korea model stand in stark contrast to Canadian, American, and other Western nations, who oblige their citizens to follow the laws of wherever they happen to be at that time.

Fifth, and also worth noting, Russia has condemned the move as hypocritical. The Russian government says that legalization flies in the face of several anti-narcotic treaties, and does and end run around those agreements. Canada was a party to the following:

CLICK HERE, for the 1961 Single Convention on Narcotic Drugs.

CLICK HERE, for the 1969 Vienna Convention on the Law of Treaties.

CLICK HERE, for the 1971 Convention on Psychotropic Substances.

CLICK HERE, for the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

Russia has a valid point. The legalization push by the Trudeau government “will” undoubtedly make anti-drug matters more complicated. After all, how committed can Canada be to fighting the marijuana trade considering the substance is legal here?

The October 17 legalization will bring a number of challenges both here and abroad. Too early to say where things will go, but there will almost certainly be a followup article on at least one of these points.

Posted on

Using Genealogy and DNA to Catch Golden State Killer

James Joseph DeAngelo, the so-called “Golden State Killer”, has been caught using a very controversial method: genealogical DNA testing. See here, and here. DeAngelo is accused of committing rapes and murders over many years.

The short explanation of the method is this: When a person submits a DNA sample to a genealogical organization (and pays the fee), it is done with the intention of learning more about their biological relatives. Even previously known and distant relatives can be found. 2nd, 3rd, and even 4th cousins can now be identified using this technique.

Quite understandably, people submitting DNA to ancestory organizations do so in order to see who they might be related to. Certainly, no one does so with the intention of providing evidence or at least a lead against other distant relatives. This was never meant to be a police tool.

(4th Amendment)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

But here, it gets a bit more complicated. Even if one argues that using DNA set aside for genealogical testing violates that person’s 4th Amendment rights, it is that person’s rights being violated, not the actual target’s rights.

Understandably, many are upset over a clear breach of their agreement.

While DeAngelo certainly deserves to be caught and tried, the method of DNA identification sends chills to many. It will be interesting to see what, if any policies and laws come as a result of this. There will likely be a followup article

Posted on

Voting Eligibility (Part 2) — Identification

Kudos to Rants Derek for his suggestion to cover this topic. Derek is a Canadian YouTuber, with his own style of humour in creating videos. Go watch his stuff.

This topic has to do with a fairly straightforward topic: Do you need I.D. to vote? For extra information, here is more information on other countries.

Canadian:
There are “options” when it comes to showing I.D., the information is available here.
(Option 1) Show 3 pieces of I.D.
(Option 2) 2 pieces of “I.D.” as long as something has your address on it. These “forms” include: library card, utility bill, credit card bill, or a variety of other documents.
(Option 3) If you don’t meet the “requirements” of Option 2, you can just swear or affirm an oath, and get someone to vouch for you.
Note: Provinces have their own requirements, this just focuses on Federal elections.

American:
Voting requirements appear to be left to the individual states to decide. Definitely a range:
(Option 1) Strict photo ID – Wisconsin, Kansas, Virginia
(Option 2) Non-Strict Photo ID — Arizona, North Dakota, Ohio
(Option 3) Photo ID Requested — Texas, Louisiana, Arkansas
(Option 4) ID Requested — Washington State, Iowa, Alaska
(option 5) No Documents at all — California, Nevada, Oregon

That is correct, in about 1/3 of states, no ID required at all to vote

British:
Almost unbelievably, there are no mandatory voter ID laws, although there are pilot projects underway to change that.
However, that is currently being challenged.

Australian:
In Australia, you are asked a few questions prior to voting, but ID isn’t required. Voting is mandatory, but ID is not required. Like the UK, efforts are being made to have a nationwide requirement for voting. And like the UK, that also is being challenged.

New Zealander:
Like Australia, voting is mandatory for citizens and permanent residents. However, citizens away for 3+ years, and permanent residents away for 1+ years cannot vote. ID is not necessary, just present you voting card.

Some Thoughts
The above list covered 5 English speaking, Common Law countries. It seems a bit unsettling to see that, aside from some U.S. states, ID is not necessary.

Seems that this type of system is ripe for abuse. If no ID is required, or no photo ID needed, then what is to stop large groups of people from potentially altering elections?

Critics of photo ID requirements claim that it discriminates against poor and marginalized people, and that there is no documented cases of abuse.

However, those arguments do not hold water. (1) If people are to be entrusted with voting on the future of a nation, then are we to expect that legal residents cannot get any ID whatsoever? (2) There may be no documented cases of abuse. Though if voters are undocumented, as lefties like to call them, then how would there be any documentation in the first place?

Clearly, each nation will have their own ways of doing things, but it appears that some safeguard must be put in place to ensure that the integrity of democratic systems is intact.

Posted on

Voting Eligibility (Part 1) — Crime & Citizenship


(Image by WordPress)

Who is allowed to vote?

Well, depending on where you go, you will get a very different answer. Do you have to be of good character? Can you currently vote while in prison? Do you even have to be a citizen?

This topic could fill several books, but this is just a starter piece. The article focuses on 2 main areas: criminality and non-citizenship

Canada, Criminality:
The Canada Elections Act of 1985 used to prohibit a person from being able to vote if they are serving a federal sentence (2 years or more). However, that was struck down in 2002. The Crown conceded it violated Section 3 of the Canadian Charter of Rights and Freedoms, that everyone had the right to vote in elections to govern the country. To be fair though, the dissenting Justices thought that the violations were reasonable. As things stand now, even persons in custody are allowed to vote, and jail officials must make accommodation for them to do so.

American, Criminality
The case of Richardson v. Ramirez (1974), held that the 14th Amendment, Section 2, was not violated in barring felons form voting (called felony disenfranchisement). Since then, the 50 states have written their own laws, and they widely vary widely, from Maine, which allows voting while incarcerated, to voting after release, to Idaho and voting after probation ends, to never voting, to Florida requiring a petition.

Australian, Criminality
Things are a bit different here. For starters, voting is mandatory. There are arguments both for and against it. In the past, anyone serving a sentence of 1 year or more was unable to vote. As it stands now, only those serving a sentence of at least 3 years cannot vote until the sentence is finished.

British, Criminality
The UK is having to revise their policies on letting prisoners and convicts vote, because of the European Court of Human Rights. Originally, they couldn’t, but that is changing. Interestingly, Members of Parliament can keep their seat if they have been sentenced to 1 year or less. So they could hold office, but not vote.

Much Europe has some restriction of voting rights, such as type of offense, and is the sentence fully served.

Laws vary widely around the world. However, the main argument against letting cons, or ex-cons vote is that they have violated the social contract with the people, and hence should not be a part of forming its laws.

Voting by Non-Citizens

While this list is too extensive to go through, many countries do allow permanent residents to vote if they have lived their for a long enough period.

Also many cities, such as San Francisco, Toronto, Hamilton, Calgary, Vancouver, allow voting for permanent residents.

One argument against letting non-citizens vote is that it weakens what it means to be a citizen. What then, distinguishes a citizen from a resident? A second is that the longer time to obtain citizenship is necessary to fully adapt to the new homeland. A third is that it leads to divided loyalty from Members of Parliament/Congress, who will look towards future voters more than current ones. All have some merit.

A push over the years from leftist politicians has been to let “undocumented immigrants” (a.k.a.) “illegal immigrants” vote in elections, as well as to reduce or eliminate voter identification requirements.

Note: Women are now allowed to vote in Western countries as well as many others. New Zealand and Australia led the way.

Author’s Views:
However, things do, or at least should have a limit.

(1) There have been many challenges to Voter ID laws, claiming that it discriminates against people who can’t get identification. The usual claim is wither poverty, or that the community lacks these services. Really, a legal citizen, or at least permanent resident can’t get I.D.?! Of course, if they are “undocumented”, that may be why they can’t get “documents”.

(2)So-called “Sanctuary Cities” are letting illegal immigrants vote which seems bizarre. Why should people in the country illegally be helping to vote in people to draft laws? Seems like a serious conflict of interest here.

It seems that items (1) and (2) are very much linked. Could objecting to voter I.D. requirements be to enable, or help cover up, illegal immigrants voting? Hard to say, there is no “documentation”. Could it be to help “elect” candidates who would push for more immigration and easier citizenship paths?

As for convicts voting, obviously everyone has different ideas. My personal choice would be: (a) not while in jail or parole; and (b) not for serious crimes such as murder/treason/terrorism/drug trafficking/sex offenses.