In Your U.S. Passport: Place Of Birth

On Monday, the U.S. Supreme Court struck down a 2002 law compelling the Department of State to allow U.S. citizens born in Jerusalem to have their passport note their place of birth as Israel. Although President Bush had signed that bill into law, he refused to carry it out. President Obama continued that refusal.

The Constitution states (in Article II, Section 3) that the President “shall receive Ambassadors and other public Ministers.” From those words it has essentially evolved that it is not Congress – the legislative branch – that is mostly responsible for carrying out foreign affairs. The voice of the country diplomatically comes mostly from the President – meaning from the executive branch.

Free Stock Photo: Illustration of a globe with borders.
Free Stock Photo: Illustration of a globe with borders.

Sometimes presidents sign contentious bills into law simply to direct a matter into the courts for constitutional clarification. Apparently some 50,000 U.S. citizens have been born in Jerusalem. After that 2002 law was allowed on the books, birth there and the passport terminology for its location was almost certainly going to end up in court when the executive branch State Department, following the policy course set by both Bush and Obama, naturally declined an “Israel” request by someone who was also willing to sue over it.

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A Cutting Experience

Needing a haircut, I decided to take an hour or two away from the computer yesterday morning. We’re still new in the area, and I ventured into a barber shop I’d been to once before. My cutter this time was not who’d cut my hair previously, but I recalled he had been there trimming someone else the last time.

He seemed around my age. Initially he was soft-spoken and I detected “oddly” accented. Also appearing to be somewhat (in my book, as part that heritage myself) “Mediterranean,” I suspected he might not be from these shores.

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No Hugging, Please, We’re French

It has become the hug cringed at around the world. The Lebanese news site Naharnet has a nice summation of what went, uh, wrong:

….The towering John Kerry was meters from Hollande, striding fast, when he first opened his arms.

In turn, the French leader stretched out his, clasping Kerry’s hands. Kerry pulled him into a brief hug to his right, at which time Hollande appeared to go back in for “la bise”. [The kisses to cheeks.]

Kerry caught up, accepted the kiss on his right cheek, before they clasped hands again, awkwardly placing their arms around each other as they walked side by side up the stairs into the Elysee Palace.

Half-hug, half-bise, it was a moving clash of cultures….

It’s a surprise Kerry didn’t realize Hollande would be baffled. But the Secretary of State had signaled beforehand that he was going to go all “American” in terms of sympathy and give Paris “a hug.” Yet the French president obviously didn’t get what Kerry meant, or didn’t think it would be demonstrated, umm, “literally,” and so was clearly unprepared for an American-style, “Come here, pal.”

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My feeling is former president (2007-2012) Nicolas Sarkozy, who reputedly has a solid sense of “Americanisms,” might have handled it better.

One can imagine the fun media and bloggers around the world might be having now had Ségolène Royal been standing there as president instead. Then again I don’t believe that had she been that Kerry would have tried to hug her that way. Kerry was doing an “American guy thing” with Hollande – and Hollande didn’t understand it.

Younger French of both sexes – especially those who’ve been to the U.S. for any substantive length of time beyond a vacation – are more attuned to Americans’ “curious” behaviors. But middle-aged and older French men on meeting even in emotional circumstances, such as offering condolences, as a rule don’t open by hugging each other like that. French men don’t do American-style “bromance.”

Compared to Americans, the French on the whole are simply far less into demonstrative displays of physical closeness between acquaintances, even friends. But they are not alone in that. Other Europeans, including the British (of course), are similar.

Still, it was a lighthearted moment after a week and a half of at times incredible ugliness and sadness. We all needed it. It provided a badly needed chuckle.

A Danish close friend of ours, and her English husband of two years, are coming for a stay-over visit with us tonight.

We’ve known her for ages. I get kisses to both cheeks, and she lets me hug her. She even hugs me back.

However, if I ever moved to hug him, he’d probably think I’d lost my mind. Or I was going all “American” on him. A firm handshake between us men is all that’s needed. ;-)

Have a good weekend, wherever you are in the world. :-)

Always Be “Cautious” Worldwide

In the wake of the terror in Paris, unsurprisingly the U.S. State Department has issued a “Worldwide Caution” for U.S. citizens:

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Naturally it is very difficult to “watch everything.” But you aren’t being urged to hide under a bed and stay home and away from every pub. The gist of a “caution” like this is to remind us to be extra-mindful at certain locations, and be particularly alert to what’s going on around us, wherever we are.

Of course “caution” in daily life can’t prevent one simply from being in the wrong place at the wrong time. On July 7, 2005, when we lived in north London, I happened to drive to work that day. I also regularly took the London Underground’s Piccadilly Line – which was attacked by a suicide bomber that morning.

But as we know being at home in the U.S. is hardly a guarantee of safety either. Consider, for example, the Boston Marathon bombing and its aftermath. That to me seems the closest comparison to what Paris has endured for the last several days.

I’ve been to the U.S. Embassy in London several times over the years. Once you get past the heavy U.S. military security, you’re “inside the United States” in a way. That reality makes it, and other U.S. embassies and consulates, “magnets” for protests and even possible violence.

Looking South from Upper Brook Street at the new security pavillions and entrance area. [Photo on U.S. Embassy, London web page.]
Looking South from Upper Brook Street at the new security pavillions and entrance area. [Photo on U.S. Embassy, London web page.]
Occasionally, there are “anti-U.S.” demonstrations in the vicinity – although never too close; British authorities don’t permit that. But they can be near enough that you could “blunder” into something by accident – which is also the sort of thing a “caution” like this wants you to be aware of as a visitor. Especially when you are around anything “American,” open your eyes a bit wider, be cognizant of what’s happening around you, and don’t, for example, wander into the midst of some “anti-American” demonstration because you’re snapping photos of buildings.

The Embassy is apparently due to relocate from its current location at historic Grosvenor Square to a larger building that’s also more “secure.” In Britain. Shows the world we live in now, and probably will for the forseeable future.

A last thought here: Vive la France !

Santa’s Political Leanings

Always politics. Everything’s political. Now, there’s evidently a debate in the U.S. over whether Santa Claus is a Republican or a Democrat:

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Hold on. Actually, that question is immaterial until we ascertain his citizenship. Is he even a U.S. citizen?

If he is, he may be registered to vote in his last state of residency, which would prove his political leanings easily. Unless he’s an independent. It would seem his only possible place of U.S. residency might have been Alaska; there is a town outside Fairbanks named North Pole.

That’s conjecture of course. We do know he is domiciled abroad now at the North Pole. If he is a U.S. citizen, that makes him an expat.

If so, we know he enters the country only one day a year. Does he bank abroad? (Presumably he doesn’t have accounts in tax havens, like Luxembourg?) Does he regularly file U.S. income taxes, and pay taxes owed on monies earned above the yearly $100,000 or so earned income exclusion threshold?

Free Stock Photo: Illustration of Santa Claus
Free Stock Photo: Illustration of Santa Claus

And what about Mrs. Claus? Is she a U.S. citizen too? Or an alien? If the latter, does she have a U.S. Taxpayer Identification Number? And do they have minor children who were born abroad? Children born abroad to U.S. citizens are usually entitled to a U.S. passport; but the children must have been issued with a Consular Report of Birth Abroad by a U.S. embassy or consulate in the foreign country of birth.

If Santa Claus isn’t a U.S. citizen, based on competing international claims to sovereignty regarding the North Pole, Santa seems likely either of Canadian, Danish or Russian nationality. It appears he enters the U.S. and leaves outside of normal U.S. Customs and Border Protection admittance procedures. That’s bad enough, but if he’s also Russian, as we know this year there may be sanctions issues for him due to the U.S. position on Russian intervention in Ukraine. Can he continue to do business as usual in the U.S.?

So before we ask about his preferred U.S. political party, we need to know a lot more about him first.

Have a good day, wherever you are in the world. ;-)

U.S. Diplomacy: 1793 v. 2014

First, a brief recollection of an infamous early event in U.S. diplomatic history. In 1793, while William Short and Gouverneur Morris were negotiating in France and Spain, across the Atlantic the (mis)behaviors of one Edmond-Charles Genêt were besetting the new American republic at home. According to Encyclopedia Britannica, France’s representative in the U.S.:

….soon exceeded his diplomatic authority. Hailed as “Citizen Genêt” by Americans who favoured the French cause, he conspired with those who opposed Pres. George Washington’s policy of neutrality. (See Citizen Genêt Affair.) His efforts to bring the United States into the war [France was fighting against Great Britain] and his high-handed arming of privateers in American ports to operate against the British brought relations between the United States and France to the brink of war and risked the loss of France’s sole source of credit abroad. In August 1793 Washington, who was firmly committed to a policy of neutrality in the European conflict, requested that Genêt be recalled. Realizing that he faced arrest [due to shifting revolutionary power struggles] if he returned to France, Genêt chose to remain in the United States; he married the daughter of George Clinton, governor of New York, became a U.S. citizen, and settled down to farming.

Fast forward to our 2014. The Guardian:

An Indian diplomat was re-indicted Friday on US visa fraud charges that touched off an international stir after she was arrested and strip-searched last year….

Perhaps worth noting: that diplomat, one Devyani Khobragade, India’s then deputy consul general in New York, did not even try to involve the U.S. in a war either.

….The episode roiled US-Indian relations, with India taking such steps as removing concrete traffic barriers around the US embassy and revoking diplomats’ ID cards. After being indicted, Khobragade complied with a Department of State request to leave the US, and the Indian government then asked Washington to withdraw a diplomat from the US embassy in New Delhi. The US complied….

Which is where matters realistically should have been allowed to rest. As with Genêt’s seriously overstepping diplomatic bounds, diplomats have always been ejected for real, or trumped up, reasons. One would have expected roughly this chain of events in reaction to Khobragade’s alleged actions: she is expelled from the U.S.; the U.S. pays a small price in kind so India can save face; behind the scenes discussions are held emphasizing that we all – Americans and Indians – don’t want this endangering relations, and don’t want something like this occurring again; and everyone agrees to move on.

Matters did not take that course. Federal domestic U.S. prosecutors secure a re-indictment of that now deported Indian diplomat. She is vociferously defended by the government of India, so will in all likelihood never set foot in the U.S. ever again because India will almost certainly never hand her over to the U.S. to face that re-indictment in court anyway.

Nevertheless, in Washington, State Department spokesperson Marie Harf stated on Friday that the department had opposed dismissing the charges:

“….Our position regarding immunity, that the U.S. Government took in the brief opposing the motion to dismiss, was that she had full immunity only for a very brief period, a day….”

Yet in the wake of her arrest and “strip search,” we also saw a State Department scrambling to contain the diplomatic fallout. Secretary of State John Kerry expressed “regret” at Khobragade’s treatment in custody. Shortly after that, we heard the same Ms. Harf explain the department wished India to understand it was “an isolated episode,” and that the U.S.-India relationship “….is an incredibly important relationship. That has in no way changed.”

However, Indian officialdom appeared to feel decidedly otherwise. And this re-indictment in March merely re-fans the flames. So State officials may soon revert to fretting publicly as they had initially in December.

We know already of diplomatic headaches arising from non-U.S. citizens facing the death penalty in U.S. local jurisdictions that appear indifferent to “international law.” In this case, the damage the federal Justice Department’s ongoing pursuit of Khobragade is doing to what had been increasingly warm U.S. relations with India appears considerable. Evidently uneasy about that, referring to the case’s top Manhattan prosecutor (an India-born immigrant to the U.S.), one foreign service professional is anonymously quoted as saying, “….he’s not the one who will be serving in missions in India.”

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Indeed currently the U.S. is up to its eyeballs internationally. With Russia annexing Crimea and its intentions toward the rest of Ukraine unclear, the Syrian civil war raging, Iranian nuclear ambitions, North Korea’s intermittent sabre-rattling, China threatening Japan, and innumerable other global challenges, India – “the world’s largest democracy” and an important U.S. trading partner – is an invaluable friend to have. But what had been a slowly healing diplomatic wound has had its scab ripped off, and with Khobragade’s re-indictment obviously re-infuriating the Indian government that wound is unlikely to heal fully anytime soon.

Even if Khobragade was not (and is not) immune from U.S. prosecution for her alleged crimes in the U.S., noticeably lacking has been a visible U.S. exercise of wider good judgment about how to deal with her without poking India repeatedly in the eye. Instead India is lectured highhandedly by domestic U.S. law enforcement about how she “was treated no differently than others who are arrested,” and even supposedly received “courtesies” – when, as a diplomat, and even if not immune, she was definitely not like “others.” Worst of all, we see the prestigious State Department, whose first secretary was Thomas Jefferson, and which is tasked with spearheading U.S. diplomacy around the world, essentially finding itself suddenly relegated to the tail of the Justice Department’s domestic prosecutorial kite.

In long ago 1793, the U.S. federal government was not even five years old and the State Department was similarly brand new. Consisting then of Attorney General Edmund Randolph and a few clerks, the “Justice Department” as we now understand it did not really exist. Had it, the U.S. might well have ended up at war with Genêt’s France.

Falling Short In The Pursuit Of Happiness

On Monday, according to Reuters:

President Barack Obama will kick off the state visit of French President Francois Hollande … with a visit to Monticello, the Virginia home of Thomas Jefferson, the third U.S. president and a one-time envoy to France.

“Monticello reflects Jefferson’s affection for the people of France, the long-standing relations between our two democracies, and the shared values we hold dear: life, liberty, and the pursuit of happiness,” the White House said in a statement….

There is little new to be said here about one Thomas Jefferson. However, a much lesser known story is that of Jefferson’s private secretary while he was serving in Paris, William Short. It seems unlikely Mr. Short’s personal “pursuit of happiness” will merit much mention during the Hollande tour of Monticello.

Jefferson's home, Monticello. Photo by me, 2011.
Jefferson’s home, Monticello. Photo by me, 2011.

After Jefferson returned to America, Short remains in France. He serves briefly as chargé d’affaires. But as Monticello’s web site explains further:

….By 1792 Short had become horrified by the excesses of the French Revolution. Unlike Jefferson, he correctly predicted that the tyranny of the mob would be replaced by the tyranny of a despot. Regarding their disagreement over the course of the French Revolution, Short did not trust his mentor’s faith in democratic reform: “Jefferson’s greatest illusions in politics have proceeded from a most amiable error on his part; having too favorable opinion of the animal called Man.”….

Short had hoped to succeed Jefferson as Minister to France. Perhaps predictably, given his relative youth, he does not:

….Much to Short’s disappointment, President Washington …. promoted him to be minister to the Netherlands, not France.

The Netherlands is not where Short wishes to be. Why that might be so is not especially difficult to understand:

In 1785 Short had grown attached to Duchesse Rosalie de la Rochefoucauld, whose husband Duc Louis Alexandre de la Rochefoucauld (an uncle thirty years her senior), was assassinated during the Reign of Terror.

The major reason Short would sour on the French Revolution after Jefferson’s departure is due in all likelihood to what would happen to the family of that young married, aristocratic woman with whom he had fallen in love. Jefferson’s famous biographer Dumas Malone noted that earlier, during the later 1780s:

….[Short] enjoyed [the company] of the young Duchesse de la Rochefoucauld often enough to excite some comments among his friends. She was much too young for Jefferson’s distinguished friend and contemporary the Duke; and Short, who seems to have appealed to all the ladies, obviously appealed to her. Up to this point the affair appears to have involved no more than a few sighs and kisses, but it blossomed into a real romance after Jefferson had returned to America….

The future U.S. president had never been in favor of American young men temporarily in Europe getting themselves mixed up with – and, in Jefferson’s view, by – European women (probably because those women were likely to be aristocrats). Jefferson greatly likes Short, and is displeased as he discovers what is going on between Short and Rosalie.

In a January 1793 letter (interestingly, written from America just weeks before the guillotining of the deposed King Louis XVI, and with far worse to come not long afterwards), in carefully crafted and detached language, Jefferson politely berates Short. Essentially Jefferson warns his much younger colleague not to turn against the French Revolution for personal reasons (i.e. love for a woman and concern for her relatives). He cautions Short as well, being abroad as long as he has been, against embracing an alien mentality at odds with that of (as Jefferson chooses to interpret it) most Americans at home:

….The liberty of the whole earth was depending on the issue of the contest, and was ever such a prize won with so little innocent blood? My own affections have been deeply wounded by some of the martyrs to this cause, but rather than it should have failed, I would have seen half the earth desolated. Were there but an Adam and an Eve left in every country, and left free, it would be better than as it now is. I have expressed to you my sentiments, because they are really those of 99 in an hundred of our citizens. The universal feasts, and rejoicings which have lately been had on account of the successes of the French shewed the genuine effusions of their hearts. You have been wounded by the sufferings of your friends, and have by this circumstance been hurried into a temper of mind which would be extremely disrelished if known to your countrymen.

We might generously read that as a “second father” pulling up a “son” he considers to be losing the plot. Or, less generously, Jefferson’s words come across as those of an older man, from the safety of 3,000 miles away, telling off a younger man for having the nerve to have formed his own opinions while on the actual scene.

Immediately after, Jefferson adds, and this time not unreasonably given Short’s diplomatic position, that his biggest concern is President Washington’s having heard of Short’s loose talk. Washington does not want Short’s opinions possibly interpreted in France as reflecting U.S. policy:

The reserve of the Pres. of the U.S. had never permitted me to discover the light in which he viewed it, and as I was more anxious that you should satisfy him than me, I had still avoided explanations with you on the subject. But your [letter] 113 induced him to break silence and to notice the extreme acrimony of your expressions. He added that he had been informed the sentiments you expressed in your conversations were equally offensive to our allies, and that you should consider yourself as the representative of your country and that what you say, might be imputed to your constituents. He desired me therefore to write to you on this subject. He added that he considered France as the sheet anchor of this country and its friendship as a first object….

Nonetheless Jefferson continued to hold Short in high esteem, and Short in return still much admired Jefferson. However, by 1793, Jefferson’s influence in Washington’s cabinet was also ebbing. It is therefore perhaps unsurprising that Monticello.org also tells us:

Whereas Short hoped Jefferson’s influence could help secure his post in France, Jefferson never managed to do so (Gouverneur Morris received the appointment instead). In 1793 Short was appointed as minister resident to Spain. Charged with the mission of negotiating the first treaty between the U.S. and Spain, Short had to wait until 1795 for the Spaniards to begin to cede anything because they were preoccupied with war with France. Rumors that Short was not welcome in Madrid forced Washington to supersede him by appointing Thomas Pinckney to finalize negotiations.

Now Short finds himself in Spain. The second wrong country. That Short has no professional success in Spain can also hardly have helped his personal outlook:

Cheated of his triumph in Spain after years of negotiations, Short returned to Paris to live with Rosalie.

But there is no fairy tale ending:

Short decided to return to the U.S. to take care of business matters only when he realized Rosalie was reluctant to leave her native country….

Ultimately, the more practical Rosalie refuses to marry Short, and instead marries yet another older man – an elderly cousin. Wikipedia sums up nicely:

William and Rosalie’s love affair was recorded in hundreds of letters …. documenting the lovers’ pains of separation and their frustration with social norms. Likewise, their words of devotion are especially poetic and moving. The love letters are an authentic literary contribution, and offer delightful personal insights into a turbulent era of world history.

Indeed the language often used in upper-class romance letters in the 18th/ early 19th century seems, to our eyes, flowery and earnest to the point of embarrassing. What is curious, though, is we do accept, and much enjoy, for instance, “Mr Darcy” sharing his heart with “Elizabeth Bennet.” Short and Rosalie’s story is told in some detail in a 1926 article by Marie Kimball: William Short, Jefferson’s Only “Son”; and here is but a tiny excerpt from a real letter from her to him:

….I am desolated, my dear and treasured friend, by the length of our separation and yet I see no end to it. Since you have been reappointed to your present post there is nothing definite upon which I can fasten my slender hopes. Up to the present I had hoped that you would make a trip here on your way back to your first post, and this slight respite from suffering was necessary to a heart so oppressed as mine. But hope itself has been taken away from me since your new appointment. . . .

What is to be done? What are we coming to? Misfortune seems to overwhelm my unhappy days in every possible way….

….Without you, without the reassuring thought of your love for me, I should not have clung to life, which offered nothing but suffering….

As much as millions of us are fans of Austen, her fictional characters’ stirring declarations usually don’t hold a candle to what Rosalie de la Rochefoucauld and William Short were actually writing to each other for years.