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1 posted on 09/08/2018 3:45:16 PM PDT by CDR Kerchner
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To: CDR Kerchner

Bobby Jindal was on that list.

If he really is not eligible, why was he on stage campaigning with the others?


2 posted on 09/08/2018 3:50:51 PM PDT by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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To: CDR Kerchner

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.


3 posted on 09/08/2018 3:56:25 PM PDT by DMZFrank
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To: CDR Kerchner

Is Ted Cruz a natural-born citizen eligible to serve as president? [Yes! And I support him! JimRob]
http://www.freerepublic.com/focus/f-news/3084490/posts


4 posted on 09/08/2018 4:01:34 PM PDT by 2ndDivisionVet (You cannot invade the mainland US. There'd be a rifle behind every blade of grass.)
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To: CDR Kerchner

Doesn’t matter how often you beat this horse....it’s still dead


15 posted on 09/08/2018 5:10:43 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: CDR Kerchner
Cornell Law School
Legal Information Institute

Supreme Court

United States v. Wong Kim Ark
169 U.S. 649
United States v. Wong Kim Ark (No. 18)

Argued: March 5, 8, 1897
Decided: March 28, 1898

https://www.law.cornell.edu/supremecourt/text/169/649

[Excerpt: Follow the link for the whole record.]
Opinion
GRAY, J., Opinion of the Court
MR. JUSTICE GRAY,...

The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative.

Order affirmed


17 posted on 09/08/2018 5:16:22 PM PDT by familyop ("Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy")
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To: CDR Kerchner
Cornell Law School
Legal Information Institute
https://www.law.cornell.edu/wex/natural_born_citizen

Natural born citizen
A phrase denoting one of the requirements for becoming President or Vice-President of the United States.

Anyone born after the adoption of the U.S. Constitution in 1787 must be a "natural born Citizen" of the United States to constitutionally fill the office of President or Vice-President. See U.S. Const. art. II, § 1; id. at amend. XII. The constitution does not expressly define “natural born” nor has the Supreme Court ever ruled precisely upon its meaning. One can be a citizen while not being a "natural born" citizen if, for example, they gained their citizenship through the process of naturalization.

Consensus exists that anyone born on U.S. soil and subject to its jurisdiction is a natural born citizen, regardless of parental citizenship. See United States v. Wong Kim Ark; 14th Amendment. The Supreme Court noted in Perkins v. Elg that this is true even of citizens who were born in the United States yet grew up in foreign countries.
[...]


20 posted on 09/08/2018 5:29:37 PM PDT by familyop ("Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy")
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To: CDR Kerchner

Good information resource

http://www.art2superpac.com/issues.html


22 posted on 09/08/2018 5:40:08 PM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: CDR Kerchner

bump


32 posted on 09/08/2018 9:24:02 PM PDT by angelsonmyside
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To: CDR Kerchner

I’m also against electing anyone born and raised on the soil of a foreign country to the presidency (even anyone with U.S. citizen parents), because that would violate the obvious intent (loyalty) of the constitutional clause that we’re discussing. And such people were also obviously not “natural-born” on U.S. soil.


37 posted on 09/08/2018 10:13:52 PM PDT by familyop ("Welcome to Costco. I love you." - -Costco greeter in the movie, "Idiocracy")
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