I have the Honor to be with great respect Sir, Your Most Humble and Obedient Servant. – George Washington
Posted on 09/08/2009 6:16:34 PM PDT by STARWISE
[The research team from UCONN - UNDEAD REVOLUTION - have published "Part 1" of their exhaustive research on the historical meaning of the "natural born citizen" POTUS eligibility requirement. I am republishing their report here as my first guest blog. Please click through to their blog for the full report.
I am simultaneously publishing my analysis of an incredible find by the UR team which firmly establishes that Chester Arthur's British birth was not known to the public while he was President and therefore sets no historical or legal precedent for Obama.
Now, for your historical education, the Natural Born Citizen blog is proud to present...]
The Meaning of Natural Born Citizen
The time may ere long arrive when the minds of men will be prepared to make an effort to recover the Constitution, but the many cannot now be brought to make a stand for its preservation. We must wait a while. N.Y. Historical Society’s Collections (Lee Papers), vol. III, 1873
OVERVIEW
There were three types of citizens at the time of the signing of the Constitution:
1. Those who pledged their lives, their fortunes and their sacred honor to the Declaration of Independence. On that day, July 4, 1776, millions of former British subjects became citizens of a sovereign America.
2. The children, their heirs, born of those pledged citizens, were the first natural-born citizens of the new nation.
3. A person naturalized into citizenship through an act of law requiring an oath and and renunciation to any former allegiance.
We are either a United people, or we are not. If the former, let us, in all matters of general concern act as a nation, which have national objects to promote, and a national character to support. If we are not, let us no longer act a farce by pretending to it. George Washington, letter to James Madison, November 30, 1785 INTRODUCTION
The scope of this writing is to focus on the intent of the Framers of the Constitution of the United States as it pertains to the clause in Article II, Section 1, Clause 5:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
This study explores the historical, legislative and judicial areas for factual evidence that defines the intent behind the clause. While it by no means gives the bulk of the research justice, for that would require a book, it should provide a sufficient template that destroys the theory that the definition was allegedly an ambiguous or an otherwise unanswerable question. Breaking it down into the three aforementioned parts, we are able to see a contiguous pattern that is easily digestable using the credibility of those who were living and present during those eras. It is crucial to set the stage during the American Revolution, for we find that it was the experience drawn from this event that provides the foundation from which everything else is drawn that embodies the spirit of the Constitution itself.
In GULF, C. & S. F. R. CO. v. ELLIS, 165 U.S. 150 (1897), the court advocated, as well as over 100 other courts who similarly advised, to look to this period for direction when applicable:
“… and while in all cases reference must be had to the organic law of the nation for such limits, yet the latter [The Constitution] is but the body and the letter of which the former [The Declaration of Independence] is the thought and the spirit, and it is always safe to read the letter of the Constitution in the spirit of the Declaration of Independence.”
So we start at this point in history and provide a historical review of the events that shed light on the intellect that manifests itself later into the Constitution and subsequent legislation and jurisprudence.
HISTORICAL
We pick up events after the French and Indian War1 where King George III attempted to tax the colonists in an effort to recoup his losses incurred by the war…
See below for the full report
I have the Honor to be with great respect Sir, Your Most Humble and Obedient Servant. – George Washington
~~DING!
Cliff Notes?
Not exaclty Obama-esque. George probably couldn't get elected today.
Can’t wait for the next installment. That was a great read. It really captures the time period and the patriots who founded and defended our country!
Thanks for the ping!
And the INTENT of our amazing Founders.
later
Can the court accept an amicae brief from a group of students from U Conn?
Well done!
Good thought .. can civilians who aren’t
attorneys do that ?
Excellent post STARWISE!
Those kids did a great job, didn’t they ?
Anxious to see Part 2.
Let's ask these guys....HHH has turned in for the night. He's really excited about today's activities....and is trying to figure out how to get BO's footprint (He's betting that the FBI or CIA will get it before the court does)....
Thought you might want to see this from U Conn. The kids did a great job.
Thanks for the heads up on this, hoosiermama!
Ping to a few CT FReepers...
Obama should follow Spitzer’s example & keep his socks on.
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