"The basis of our political systems is the right of the people to make and to alter their Constitutions of Government. But the Constitution which at any time exists, 'till changed by an explicit and authentic act of the whole People, is sacredly obligatory upon all."
-- George Washington, 1796, Farewell Address
CI-C2. "Tasked with Developing Our Own Conclusions"
News Commentary, February 5, 2012, Last Revised April 26, 2012
Historians, scholars, lawyers and politicians disagree on the defining of the phrase "natural born Citizen" as it appears in Article II, Section I, Clause V of The Constitution of the United States. Nor has the Supreme ruled on the interpretation of the phrase in relation to the qualification for President. We therefore are tasked with developing our own conclusions based upon facts, as we know them, as to what our Founding Fathers meant as they wrote these words providing one of only two requirements for the eligibility of holding the highest office of the land. We have concluded that significant terms of citizenry should be defined as to the following:
- Native Born Citizen - Citizen of the Country by Birthplace (jus soli) within its dominions, born to a legal resident, where one has never been made a Citizen of another - continuity of citizenship maintained. (Native: synonymous with geographic location.) Includes every person born within the foreign jurisdiction of the Country where at minimum one citizen parent was acting under duty thereof - military, ambassadorship, etc. - and both parents owe or give their allegiance to same.
- Citizens at Birth - Citizenship at birth of a Country based upon meeting statutory requirements. Includes Native Born Citizens. (8 USC § 1401 - Nationals and Citizens of United States at Birth.)
- Naturalized Citizen - An alien granted citizenship of a Country based upon meeting statutory requirements. (18 USC. § 1015 : US Code - Section 1015: Naturalization, Citizenship or Alien Registry.)
- Natural Born Citizen - A form of Native Born Citizen, one who's Parentage (jus sanguinis) were both Citizens owing their allegiance to their Country at time of birth. (Natural: synonymous with the ergo family lineage or bloodline of the father.)
The British Royal family first used the term "natural" as it relates to the "laws of natural," ergo family lineage or the bloodline of the father. The question at the time was how to keep the Royal bloodline intact when members of the Royal family traveled abroad extensively, often giving birth to offspring while abroad, therefore bringing the issue of "native born" into question. Dr. Larry Arnn in his book "The Founders Key" argues that: "And that term natural comes from an ancient word for 'birth.'"
Many claim that birthright citizenship, as with much United States law, has its roots in English common law:
Calvin's Case, 77 Eng. Rep. 377 (1608), was particularly important as it established that under English common law "a person's status was vested at birth, and based upon place of birth—a person born within the king's dominion owed allegiance to the sovereign, and in turn, was entitled to the king's protection." However, in Calvin's Case, Lord Coke cited examples in which the native-born children of parents, either invading the country or who were enemies of the country, were not natural-born subjects because the birth lacked allegiance and obedience to the sovereign.
This same principle was adopted by the newly formed United States, as stated by Supreme Court Justice Noah Haynes Swayne: "All persons born in the allegiance of the king are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country…since as before the Revolution." United States v. Rhodes, 27 Fed. Cas. 785 (1866).
The 1758 translated book "The Law of Nations" by Emerich de Vattel on the treatise "Law of Nations" defined natural-born citizens:
"The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country."On June 18, 1787, Alexander Hamilton submitted to the Constitutional Convention a draft of a plan of government. Article IX, section 1 of Hamilton's plan provided:
"No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States."
On July 25, 1787, John Jay wrote to George Washington, presiding officer of the Convention:
"Permit me to hint whether it would not be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government, and to declare expressly that the Command in chief of the American army shall not be given to, nor devolve on, any but a natural born Citizen."
There is no proof that deliberations took place at the convention on the subject of the letter. While the Committee on Detail originally proposed that the President must be merely a citizen as well as a resident for 21 years, the Committee of Eleven changed "citizen" to "natural born citizen" without explanation. The Convention accepted the change without further debate.Logic - fact turned to conclusion:
- Being a colony and significantly immigrants of England our Founding Fathers were very familiar with the concept of the "laws of natural" used by the British in keeping "the Royal bloodline intact"; thus the term "natural" had specific "bloodline" meaning to them.
- Much United States law has its roots in English common law. Under English common law a person's status was vested at birth, based upon place and allegiance of birth - a person born within the king's dominion owing allegiance to the sovereign. "Birth and allegiance go together." Where birth is synonymous with "Birthplace" and allegiance refers to that of the newborn's "Parentage".
- Vattel in "The Law of Nations" defined "natural-born citizens", as "those born in the country, of parents who are citizens"; though to our knowledge it has not been found that our Founding Fathers quoted "The Law of Nations" in defining natural born Citizen, they did make frequent reference to this book, making it plausible if not probable that Vattel's meaning of natural-born citizens was the basis for their universal and generally accepted understanding.
- The recommendation to specify "natural born Citizen" came from John Jay one of the most respected legal scholars of the day (later to become the first Chief Justice of the US Supreme Court); he had significant and specific reason for suggesting this precise classification of Citizen.
- Jay along with many of our nation's Founders was very sensitive to foreign influence or to "the admission of Foreigners into the administration of our national Government"; they wanted to keep such influences out.
- The framers of the Constitution intentionally replaced the term "Citizen" with "natural born Citizen"; they denoted a distinct difference between the two terms.
- Our Founding Fathers did not define the term "natural born Citizen"; making it evident that the meaning itself was universally and generally accepted among their ranks.
The facts lead us to conclude that three elements of birth and citizenship continuity are required to attain and maintain the classification of Natural Born Citizen. The venn diagram below illustrates the mutually inclusive relationship between the three elements that defines (7) Natural Born Citizen:
- Native Born Citizen - Birthplace, birth within dominions or to parents acting in foreign duty and jurisdiction of Country;
- Born to both citizen parents at time of birth - Parentage; and
- Continuity of citizensip maintained unbroken from birth.
Bottom line, The United States Supreme Court must interpret our Founding Fathers meaning of "natural born Citizen" and federal law must provide that no candidate be placed on an election ballot, nor any person be elected to a national office without first proving they meet the eligibility requirements for such office. Until then, it appears that any Native Born Citizen (consensus has been reached for the most part around this element) over the age of 35 is eligible for Presidency of the United States, after all until the Supreme Court says otherwise conclusions reached will be varied and highly influenced by political expediency.
CI-P7. "Defeating President Obama is Job #1"
News Commentary, February 12, 2012
We're letting the GOP vetting process play out knowing that billion dollars of scrutiny is awaiting the eventual nominee in the general election for the Presidency of these United States of America. Defeating President Obama is Job #1.
Wish conservatives, mostly all good people, would keep perspective - any of the GOP candidates is a thousand times better than Obama. We can be supportive of one or more without being destructive of the others. Even if you disagree with their policies or past transgressions, not one of them WANTS to transform America into what it has never meant to be, Obama does!
Our Country that we love with all our hearts is bleeding. We literally fear for its' future if Obama gets another four years. We're not sorry, when the time comes, we will vote for the one candidate that we believe can best defeat Obama. Billion dollars of opposition spending, an accommodating mainstream media, 47% population that does not pay income tax, in large part an ignorant and apathetic populous, voter fraud and every dirty trick in the book and then some, etc. is a lot to overcome; this may be our last real shot at it.
May God bless America!