ASA Vet
Since Oct 23, 1999

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If as Comrade Obama Jr claims his dad was Barak Hussein Obama Sr, of Kenya,
than it's not possible for Junior to be a Natural Born Citizen of the U.S.

At the time of the drafting and ratification of the United States constitution,
the definition of natural born citizen, combined both the principles of jus soli and jus sanguinis.

“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.”
Emmerich De Vattel, (1714-1767,) Law of Nations, 1758, § 212, "Of the citizens and naturals."

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The Records of the Federal Convention of 1787 [Farrand's Records, Volume 3] LXVIII.

John Jay to George Washington.

New York 25 July 1787

Permit me to hint, whether it would not be wise & seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expresly that the Commander in chief of the american army shall not be given to, nor devolve on, any but a natural born Citizen.
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Title:
Jefferson and the Law of Nations.

Main Author:
Louis Sears

Summary/Abstract:
TJ was versed in the classic sources of international law, e.g. Grotius, Vattel, Puffendorf,
but in face of the collapse of this "classical" school, he became a significant figure in the attempt
to "reconstitute a new law of nations," even while appealing to the old authorities.
The Embargo was a "grand experiment" whose failure was a "tragedy."
Published in Spanish as "Jefferson y el derecho de las naciones." Inter-America. 4(1920), 181-93. -- Frank Shuffelton

Found in: American Political Science Review. Vol 13, 1919.

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Vattel's "The Law of Nations," was the most influential book on the law of nations for 125 years following its publication.
The first English translation appeared in 1759.
Numerous editions of {The Law of Nations} were printed in England during the Eighteenth century,
which were widely read in the American Colonies, along with editions in the original French.
The first American edition appeared in 1796.
The book was reprinted nineteen times in America by 1872. It was reprinted at least fifty times in the years following its 1758 publication.

Robert Trout

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Emmerich de Vattel was the most popular of all writers on the law of nations in America before, but especially after, the American Revolution.
Vattel's {The Law of Nations} arrived, shortly after its publication, in an America, which had already been greatly influenced by Leibniz.
No later than 1770, it was used as a textbook in colleges.
It was often quoted in speeches before judicial tribunals and legislatures, and used in formulating policy.
Following the Revolution, Vattel's influence grew.
Vattel was cited far more often than Grotius and Puffendorf, in court proceedings, from 1789 to 1820.

Among those citing Vattel in legal cases and government documents, were Benjamin Franklin, John Adams, James Wilson, Alexander Hamilton, James Madison, John Jay, and John Marshall.
John Adams, the future delegate to the Continental Congress, second President of the U.S., and father of President John Quincy Adams,
recorded in his Diary on Feb. 1, 1763, that after spending the day frivolously, instead of reading and thinking,
``The Idea of M. de Vattel indeed, scowling and frowning, haunted me.'' In 1765, Adams copied into his Diary three statements by Vattel, ``of great use to Judges,''
that laws should be interpreted according to the intent of the author, and every interpretation which leads to absurdity should be rejected.
In a letter to the Foreign Minister of Denmark, in 1779, Benjamin Franklin quoted Vattel, and ``his excellent Treatise entitled {Le Droit des Gens.}''
James Madison, as a member of the Continental Congress in 1780, drafted the instructions sent to John Jay,
for negotiating a treaty with Spain, which quotes at length from {The Law of Nations.}
Jay complained that this letter, which was probably read by the Spanish government, was not in code,
and ``Vattel's {Law of Nations,} which I found quoted in a letter from Congress, is prohibited here.''
Later, John Marshall, during his thirty-four years as Chief Justice of the U.S. Supreme Court,
quoted Vattel by far the most among all authors on the law of nations.

The {Law of Nations} and The Declaration of Independence
Delegates to the First and Second Continental Congress, which produced the Declaration of Independence,
often consulted {The Law of Nations,} as a reference for their discussions.
One important reason why the delegates chose to meet in Carpenters Hall, was that the building also housed the Library Company of Philadelphia.

The librarian reported that Vattel was one of the main sources consulted by the delegates during the First Continental Congress,
which met from Sept. 5 to Oct. 26, 1774.

Charles W.F. Dumas, an ardent supporter of the American cause, printed an edition of {The Law of Nations} in 1774,
with his own notes illustrating how the book applied to the American situation.
In 1770, Dumas had met Franklin in Holland, and was one of Franklin's key collaborators in his European diplomacy.
He sent three copies to Franklin, instructing him to send one to Harvard University, and to put one in the Philadelphia library.
Franklin sent Dumas a letter, Dec. 9, 1775, thanking him for the gift.
Franklin stated, ``I am much obliged by the kind present you have made us of your edition of Vattel.
It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations.
Accordingly, that copy which I kept, has been continually in the hands of the members of our congress, now sitting ...|.''

The study of {The Law of Nations} by the delegates to the Continental Congress, to answer questions ``of the circumstances of a rising state,''
is reflected in the Declaration of Independence of July 4, 1776.
The central ideas of that document are coherent with Vattel's arguments on the criteria of a people to overthrow a tyrannical sovereign.
The Declaration of Independence states that governments are instituted to fulfill the
``inalienable rights'' of ``life, liberty, and the pursuit of happiness,'' and can be changed if they fail to meet these obligations to the people.
Governments should not be changed for light and transient causes, but only after a long chain of abuses to the fundamental rights of the people,
with repeated requests for redress of grievances, which were refused.
Repeated appeals were made to our ``British Brethren,'' but since they
``have been deaf to the voice of justice and of consanguinity,'' we are prepared to face them either in war or in peace.
Therefore, we declare ourselves independent of the British Crown, with the full powers of a sovereign government,
``to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which Independent States may of right do.''

The inclusion of the central conception of {The Law of Nations,} Vattel's Leibnizian concept of happiness,
as one of the three inalienable rights, is a crucial statement of the Declaration's Leibnizian character.
The Declaration of Independence was prepared by a committee consisting of Benjamin Franklin, Thomas Jefferson,
John Adams, Robert Livingston, and Roger Sherman.
Jefferson was assigned by this committee to write the draft of the Declaration,
after John Adams turned down the task, because of his numerous other responsibilities

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The U.S. Supreme Court in this case adopted Vattel’s definition of what a “natural born Citizen” is,
and specifically repeated his two U.S.-parent test.

Chief Justice Waite, in Minor v. Happersett, 88 U.S. 162 (1875), stated:

“The Constitution does not, in words, say who shall be natural-born citizens.
Resort must be had elsewhere to ascertain that.
At common-law, with the nomenclature of which the framers of the Constitution were familiar,
it was never doubted that all children born in a country of parents who were its citizens became themselves,
upon their birth, citizens also.
These were natives, or natural-born citizens, as distinguished from aliens or foreigners.
Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents.
As to this class there have been doubts, but never as to the first.”

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The Civil Rights Act of 1866 (Act of April 9, 1866) first established a national law that provided:

“All persons born in the United States and not subject to any foreign power, excluding Indians not taxed,
are declared to be citizens of the United States.”
Civil Rights Act of April 9, 1866 (14 Stat. 27).
Not being subject to a foreign power includes being free from any political and military obligations
to any other nation and not owing any other nation direct and immediate allegiance and loyalty.
The primary author of this Act was Senator Trumbull who said it was his intention
“to make citizens of everybody born in the United States who owe allegiance to the United States.”
Additionally, he added if a “negro or white man belonged to a foreign Government he would not be a citizen.”
In order for this requirement to be satisfied, clearly both parents of the child must be U.S. citizens,
for if one is not, the child would inherit the foreign allegiance and loyalty of foreign parent and would thereby “belong to a foreign Government.”

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Rep. John A. Bingham, who later became the chief architect of the 14th Amendment’s first section.

In the United States House on March 9, 1866
commenting upon Section 1992 of the Civil Rights Act, said that the Act was
“simply declaratory of what is written in the Constitution,
that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself,
a natural born citizen”.

Rep. Bingham said “parents.” He did not say “one parent” or “a mother or father.”

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Friday, April 2, 2010
Founder and Historian David Ramsay Defines a Natural Born Citizen in 1789

In defining an Article II “natural born Citizen,” it is important to find any authority from the Founding period who may inform us how the Founders and Framers themselves defined the clause. Who else but a highly respected historian from the Founding period itself would be highly persuasive in telling us how the Founders and Framers defined a “natural born Citizen. ” Such an important person is David Ramsay, who in 1789 wrote, A Dissertation on the Manners of Acquiring the Character and Privileges of a Citizen (1789), a very important and influential essay on defining a “natural born Citizen.”

David Ramsay (April 2, 1749 to May 8, 1815) was an American physician, patriot, and historian from South Carolina and a delegate from that state to the Continental Congress in 1782-1783 and 1785-1786. He was the Acting President of the United States in Congress Assembled. He was one of the American Revolution’s first major historians. A contemporary of Washington, Ramsay writes with the knowledge and insights one acquires only by being personally involved in the events of the Founding period. In 1785 he published History of the Revolution of South Carolina (two volumes), in 1789 History of the American Revolution (two volumes), in 1807 a Life of Washington, and in 1809 a History of South Carolina (two volumes). Ramsay “was a major intellectual figure in the early republic, known and respected in America and abroad for his medical and historical writings, especially for The History of the American Revolution (1789)…” Arthur H. Shaffer, Between Two Worlds: David Ramsay and the Politics of Slavery, J.S.Hist., Vol. L, No. 2 (May 1984). “During the progress of the Revolution, Doctor Ramsay collected materials for its history, and his great impartiality, his fine memory, and his acquaintance with many of the actors in the contest, eminently qualified him for the task….”

www.famousamericans.net/davidramsay. In 1965 Professor Page Smith of the University of California at Los Angeles published an extensive study of Ramsay's History of the American Revolution in which he stressed the advantage that Ramsay had because of being involved in the events of which he wrote and the wisdom he exercised in taking advantage of this opportunity. “The generosity of mind and spirit which marks his pages, his critical sense, his balanced judgment and compassion,'' Professor Smith concluded, “are gifts that were uniquely his own and that clearly entitle him to an honorable position in the front rank of American historians.”

In his 1789 article, Ramsay first explained who the “original citizens” were and then defined the “natural born citizens” as the children born in the country to citizen parents. He said concerning the children born after the declaration of independence, “[c]itizenship is the inheritance of the children of those who have taken part in the late revolution; but this is confined exclusively to the children of those who were themselves citizens….” Id. at 6. He added that “citizenship by inheritance belongs to none but the children of those Americans, who, having survived the declaration of independence, acquired that adventitious character in their own right, and transmitted it to their offspring….” Id. at 7. He continued that citizenship “as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776….” Id. at 6.

Here we have direct and convincing evidence of how a very influential Founder defined a “natural born citizen.” Given his position of influence and especially given that he was a highly respected historian, Ramsay would have had the contacts with other influential Founders and Framers and would have known how they too defined “natural born Citizen.” Ramsay, being of the Founding generation and being intimately involved in the events of the time would have known how the Founders and Framers defined a “natural born Citizen” and he told us that definition was one where the child was born in the country of citizen parents. In giving us this definition, it is clear that Ramsay did not follow the English common law but rather natural law, the law of nations, and Emer de Vattel, who also defined a “natural-born citizen” the same as did Ramsay in his highly acclaimed and influential, The Law of Nations, Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns, Section 212 (1758 French) (1759 English). We can reasonably assume that the other Founders and Framers would have defined a “natural born Citizen” the same way the Ramsay did, for being a meticulous historian he would have gotten his definition from the general consensus that existed at the time.

Ramsay’s article and explication are further evidence of the influence that Vattel had on the Founders in how they defined the new national citizenship. This article by Ramsay is one of the most important pieces of evidence recently found (provided to us by an anonymous source) which provides direct evidence on how the Founders and Framers defined a “natural born Citizen” and that there is little doubt that they defined one as a child born in the country to citizen parents. This time-honored definition of a "natural born Citizen" has been confirmed by subsequent United States Supreme Court and lower court cases such as The Venus, 12 U.S. (8 Cranch) 253, 289 (1814) (Marshall, C.J., concurring and dissenting for other reasons, cites Vattel and provides his definition of natural born citizens); Dred Scott v. Sandford, 60 U.S. 393 (1857) (Justice Daniels concurring took out of Vattel’s definition the reference to “fathers” and “father” and replaced it with “parents” and “person,” respectively); Shanks v. Dupont, 28 U.S. 242, 245 (1830) (same definition without citing Vattel); Slaughter-House Cases, 83 U.S. 36, 21 L.Ed. 394, 16 Wall. 36 (1872) (in explaining the meaning of the Fourteenth Amendment clause, “subject to the jurisdiction thereof,” said that the clause “was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States;” Elk v. Wilkins, 112 U.S. 94 (1884) (“the children of subjects of any foreign government born within the domain of that government, or the children born within the United States, of ambassadors or other public ministers of foreign nations” are not citizens under the Fourteenth Amendment because they are not subject to the jurisdiction of the United States); Minor v. Happersett, 88 U.S. 162, 167-68 (1875) (same definition without citing Vattel); Ex parte Reynolds, 1879, 5 Dill., 394, 402 (same definition and cites Vattel); United States v. Ward, 42 F.320 (C.C.S.D.Cal. 1890) (same definition and cites Vattel); U.S. v. Wong Kim Ark, 169 U.S. 649 (1898) (quoted from the same definition of “natural born Citizen” as did Minor v. Happersett); Rep. John Bingham (in the House on March 9, 1866, in commenting on the Civil Rights Act of 1866 which was the precursor to the Fourteenth Amendment: "[I] find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen. . . . ” John A. Bingham, (R-Ohio) US Congressman, March 9, 1866 Cong. Globe, 39th, 1st Sess., 1291 (1866), Sec. 1992 of U.S. Revised Statutes (1866)).

The two-citizen-parent requirement would have followed from the common law that provided that a woman upon marriage took the citizenship of her husband. In other words, the Framers required both (1) birth on United States soil (or its equivalent) and (2) birth to two United States citizen parents as necessary conditions of being granted that special status which under our Constitution only the President and Commander in Chief of the Military (and also the Vice President under the Twelfth Amendment) must have at the time of his or her birth. Given the necessary conditions that must be satisfied to be granted the status, all "natural born Citizens" are "Citizens of the United States" but not all "Citizens of the United States" are "natural born Citizens." It was only through both parents being citizens that the child was born with unity of citizenship and allegiance to the United States which the Framers required the President and Commander in Chief to have.

Obama fails to meet this “natural born Citizen” eligibility test because when he was born in 1961 (wherever that may be), he was not born to a United States citizen mother and father. At his birth, his mother was a United States citizen. But under the British Nationality Act 1948, his father, who was born in the British colony of Kenya, was born a Citizen of the United Kingdom and Colonies (CUKC) which by descent made Obama himself a CUKC. Prior to Obama’s birth, Obama’s father neither intended to nor did he become a United States citizen. Being temporarily in the United States only for purpose of study and with the intent to return to Kenya, his father did not intend to nor did he even become a legal resident or immigrant to the United States.

Obama may be a plain born “citizen of the United States” under the 14th Amendment or a Congressional Act (if he was born in Hawaii). But as we can see from David Ramsay’s clear presentation, citizenship “as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776….” Id. at 6. Hence, Obama is not an Article II "natural born Citizen," for upon Obama's birth his father was a British subject and Obama himself by descent was also the same. Hence, Obama was born subject to a foreign power. Obama lacks the birth status of natural sole and absolute allegiance and loyalty to the United States which only the President and Commander in Chief of the Military and Vice President must have at the time of birth. Being born subject to a foreign power, he lacks Unity of Citizenship and Allegiance to the United States from the time of birth which assures that required degree of natural sole and absolute birth allegiance and loyalty to the United States, a trait that is constitutionally indispensable in a President and Commander in Chief of the Military. Like a naturalized citizen, who despite taking an oath later in life to having sole allegiance to the United States cannot be President because of being born subject to a foreign power, Obama too cannot be President.

Mario Apuzzo, Esq.
April 2, 2010
http://puzo1.blogspot.com/

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Michigan Law Review Article ORIGINALISM AND THE NATURAL BORN CITIZEN CLAUSE
by Lawrence B. Solum

“What was the original public meaning of the phrase that establishes the eligibility for the office of President of the United States?
There is general agreement on the core of its meaning. Anyone born on American soil whose parents are citizens of the United States is a “natural born citizen.”

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Supreme Court cases that cite “natural born Citizen” as one born on U.S. soil to citizen parents:

The Venus, 12 U.S. 8 Cranch 253 253 (1814)

Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says: “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 indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.

Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830)

Ann Scott was born in South Carolina before the American revolution, and her father adhered to the American cause and remained and was at his death a citizen of South Carolina. There is no dispute that his daughter Ann, at the time of the Revolution and afterwards, remained in South Carolina until December, 1782. Whether she was of age during this time does not appear. If she was, then her birth and residence might be deemed to constitute her by election a citizen of South Carolina. If she was not of age, then she might well be deemed under the circumstances of this case to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country. Her citizenship, then, being prima facie established, and indeed this is admitted in the pleadings, has it ever been lost, or was it lost before the death of her father, so that the estate in question was, upon the descent cast, incapable of vesting in her? Upon the facts stated, it appears to us that it was not lost and that she was capable of taking it at the time of the descent cast.

Dred Scott v. Sandford, 60 U.S. 393 (1857)

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 society cannot perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their parents, and succeed to all their rights.' Again: 'I say, to be of the country, it is necessary to be born of a person who is a citizen; for if he be born there of a foreigner, it will be only the place of his birth, and not his country. . . .

Minor v. Happersett , 88 U.S. 162 (1875)

The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.

United States v. Wong Kim Ark, 169 U.S. 649 (1898)

At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children, born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.

Perkins v. Elg, 307 U.S. 325 (1939),

Was a decision by the Supreme Court of the United States that a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child's natural born citizenship is not lost if the child is taken to and raised in the country of the parents' origin, provided that upon attaining the age of majority, the child elects to retain U.S. citizenship "and to return to the United States to assume its duties." Not only did the court rule that she did not lose her native born Citizenship but it upheld the lower courts decision that she is a "natural born Citizen of the United States" because she was born in the USA to two naturalized U.S. Citizens.

But the Secretary of State, according to the allegation of the bill of complaint, had refused to issue a passport to Miss Elg 'solely on the ground that she had lost her native born American citizenship.' The court below, properly recognizing the existence of an actual controversy with the defendants [307 U.S. 325, 350] (Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 , 57 S.Ct. 461, 108 A.L.R. 1000), declared Miss Elg 'to be a natural born citizen of the United States' (99 F.2d 414) and we think that the decree should include the Secretary of State as well as the other defendants. The decree in that sense would in no way interfere with the exercise of the Secretary's discretion with respect to the issue of a passport but would simply preclude the denial of a passport on the sole ground that Miss Elg had lost her American citizenship."