Posted on 01/30/2019 4:35:47 PM PST by RichardMoore
Ah, I see. Thanks.
Silly people. Think that the Constitution matters anymore, much less the “Founders intent” where things aren’t spelled out in terms simple enough for the current judiciary (and even a lot of FReepers) to understand.
Who's to say Putin's American-born son wouldn't make a great president? He could run for office and make his case with the voters of America. They would decide.
Could Donald Trump Jr. run for President? According to birther logic, he was born with divided loyalties; to the United States and to Czechoslovakia, a country that doesn't even exist anymore.
You and others are patently-wrong. This ironic source lays it out succinctly:
She is naturalized by birth (born on US soil, the so-called “birthright citizenship”) but she is NOT a “natural born citizen”...the key requirement being citizen parents (at least one).
Period. However, the question of whether a court will hear this being another matter altogether.
https://harvardlawreview.org/2015/03/on-the-meaning-of-natural-born-citizen/
“...she became a citizen when she was born...”
___
That travesty is a bastardization of the 14th amendment.
I didn’t say that I liked it, but that is the current naturalization law and it won’t change by someone quoting Vattel.
Your conflating whether we should be foolish enough to elect somebody with their legal eligibility to stand for election.
The ‘natural born citizen’ law applies to republicans only.
No democrat is affected. Kamala Harris is as American born as Obama, and we all know Obama was born in the 57th American state of Kenya.
Then they return to China with their future potential presidents???
These children are not eligible and neither is Kamala Harris.
The same would apply to Castro (TX),
as his mother is the daughter of a
illegal alien. Also, his parents were
never married.
Or they are just plain old stupid and/or uneducated.
“she is ineligible and My bet is that the American people will NOT TOLERATE another ineligible candidate.....”
You will lose that bet. If no body cared for Obama no one will care for some one positively proven born in Calif.
From DMZFrank | 12/22/2018 2:58:29 PM PST
The SCOTUS has never directly ruled on the meaning of Article II, Section 1, Clause 5 of the constitution with regard to POTUS eligibility. But in SCOTUS cases wherein they have given a definition of what a NBC (or a 14th amendment citizen in the case of Wong Kim Ark)is, Minor vs Haperstatt, Venus Merchantman Case of 1814) they defined an NBC as a person born of TWO, count them TWO citizen parents (the parents don’t have to be NBC) and born in one of the states of the Union, or the territories.
The authors of the 14th amendment, in the Congressional debates on the matter, also defined an NBC in the same manner. Rep. Bimgham and Senator Jacob Howard were the principal authors of the 14th amendment. Here is a quote from Howard which clearly spelled out the intent of the 14th Amendment in 1866, which was to define citizenship. He stated: “Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.”
Until this matter is formally adjudicated by the Court, I will defer to their NBC stare decisis definitions. Harris, Obama and a host of others were not, are not, and can NEVER be constitutionally eligible to be POTUS.
Whatever one thinks what the meaning of Article II, Section 1, clause 5 is, it is clear that the adoption of the 14th amendment did not alter it in any constitutional sense. How else can you account for the fact that the constitution only specifies for the office of senator and representative citizenship for a period of 9 and 7 years respectively, while the constitution requires the POTUS, to be NATURALLY born, owing allegiance to no other country? That is the ONLY constitutional provision for NBC. Obviously, there is a singular distinction with regard to that office. Under Jamaican and Indian citizenship law, for instance, It is conceivable that Jamaica or India could claim that Kamala Harris, thru her parents, is a citizen who owes allegiance to both of those countries FROM HER BIRTH. It was conferred upon her by those countries citizenship laws, just as valid as our own.
By the way, Ted Cruz (who I admire very much) made a very public demonstration of the fact that he was going to FORMALLY renounce his CANADIAN citizenship. What NATURALLY BORN US citizen has to do such a thing?
The framers of the constitution were patriarchs. (Yes I understand that is completely out of tune with modern sensibilities, but nonetheless it is true.) They believed that the citizenship of the FATHER was conferred upon his children. SCOUTUS incorporated in toto the ENTIRE 212th paragraph of Emerich De Vattel’s Law of Nations in their 1814 Venus merchantman case as they defined what an NBC is. Here is the money quote that Justice Livingstone that was cited when he wrote for the majority, “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.”
I suspect the reason that many do not want this issue formally examined is that they wish to foster and enhance the globalist influence on the office of POTUS. The NBC requirement was never intended to be a guarantee of allegiance, but a safeguard against undue foreign influence on the office of POTUS, PARTICULARLY from a father owing allegiance to a foreign sovereignty. The oath of naturalization requires a formal and legal renunciation of any prior national allegiances.
Jennie Spencer-Churchill, known as Lady Randolph Churchill, was a natural born US citizen, and a British socialite, the wife of Lord Randolph Churchill and the mother of British Prime Minister Sir Winston Churchill.
Under US citizenship law at the time of Churchill’s birth, despite the fact that his mother was a NATURAL BORN US citizen, she could not transmit her US citizenship on to young Winston owing to her marriage to a foreign national, Sir Randolph Spencer Churchill, who was Winston’s father. That would not be legally allowed until the passage of the Cable Act of 1922, well after Churchill’s birth in 1874. The Cable Act only confers citizenship, NOT NATURALLY BORN citizenship. It did not refer to, or alter the meaning of an Article II, Sec. 1, clause 5 “natural born citizen” in any way.
Churchill was granted HONORARY US citizenship by an act of Congress on 9 April 1963. It was understood that his birth to a an NBC citizen US mother in Great Britain did not make him a citizen by law.
This is just one more indication of the fact that Obama, Cruz, Rubio OR Harris can NEVER be constitutionally eligible to the office of POTUS. We need to have this issue finally adjudicated by SCOTUS for the first time in US history, and finally get a definitive answer one way or another.
We have enough naturally born anti-american, anti-constitutional cultural marxists in our country now who aspire to be POTUS. I say let’s eliminate all those who don’t even meet the basic Article II criteria. Winnow the opposition.
This matter is SCREAMING for a definitive ruling on the meaning of Article II, Section 1, clause 5, by the SCOTUS for the first time in the history of the US. It is revealing to note what Clarence Thomas told a House subcommittee that when it comes to determining whether a person born outside the 50 states can serve as U.S. president when he said that the high court is “evading” the issue. The comments came as part of Thomas’ testimony before a House appropriations panel discussing an increase in the Supreme Court’s budget in April of 2017. Thomas said that to Subcommittee Chairman Rep. Jose Serrano, D-N.Y.
After two Obama terms, I think they are terrified of the implications of a ruling based on originalist constitutional intent and interpretation. That does not excuse the cowardice in refusing a grant of certiorari for those who wish to have SCOTUS exercise it’s Article III oversight on this matter.
I went to school when they were still teaching facts, so learned about this back then.
If that isn't good enough for you, I happen to know, FIRST HAND ( re saw it myself ), that the study guides that the USA Government hands out to legal immigrants to study, before they take the test to become citizens, stated, in 2005-06 :TO BE ELIGIBLE TO BECOME THE PRESIDENT OF THE USA, A PERSON MUCH BE BORN HERE, TO PARENTS BOTH OF WHOM ARE AMERICAN CITIZENS AT THE TIME OF THE PERSON'S BIRTH, WHETHER AS AN NBC OR NATURALIZED.
Not only have I been quoting that here, for many years, but others have looked it up ( yes the study guide is on line ) and CCPed it to threads.
No, none of Trump's children, except Tiffany, are NBCs, so can't be president.
You really believe the rest of that moronic garbage you posted, do you?
The fact that his biological parents never married doesn’t matter re if the Castro boys are NBCs or not; they are.
You might be a citizen...but that does not qualify you for president.
I think you should be more than just being born here.
She is natural born because she was born on US soil. Kamala Harris was born on October 20, 1964, in Oakland, California, to a Tamil Indian mother and a Jamaican father. But whether they are citizens or not, this little loophole from the 14th Amendment was ratified in 1868 and was put in that way particularly for former slaves recently freed. It’s just that now it is being used other ways in question, but still legal.
rwood
She was born in 1964, 13-months after the JFK assassination, in Oakland, CA. Pretty much looks like a citizen. Born in a REAL US state after its statehood...no question. She’s a citizen.
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