Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Pilsner; rxsid; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; ...

> By that strain of Birther "logic" blah, blah, blah ...

What we've outline to you is fact.

Listen, I know you may not like it. It may not fit in with your After-Birther talking points, as you obviously don't know what the hell you're talking about. But it is what it is.


As attorney and Constitutional expert John W. Guendelsberger — who Barack Obama appointed to the Board of Immigration Appeals (BIA) in August — pointed out in 1992 regarding US v. Wong Kim Ark (169 U.S. at 653):

“In particular, the Court noted the Constitution's requirement that the President be a “natural-born citizen,” a condition whose meaning could be derived only by reference to English common law in existence at the time – see US v. Wong Kim Ark (1898), referencing Minor v. Happersett (1874).



Again: "that the President be a “natural-born citizen ... a condition whose meaning could be derived only by reference to English common law in existence at the time". That does NOT include a 20th century Immigration Act ... common law in existing at the end of the 18th century!


In ALL of the Federal government, the NBC requirement applies to only ONE person: The President. That office is UNIQUE, as there are NO Internal Check & Balances in the Executive Branch, unlike the nine Justices in the SCOTUS and the 535 Members of Congress that exist today.

If you knew ANYTHING about the events surrounding the Framing, you'd know the 2nd and 3rd "Committee of Eleven" in 1787 actually considered THREE Executives to have a strong, internal set of Executive "Checks and Balances." See, they were a little concerned about a single President usurping power like King George III (rather ironic with Obama in 2010). The problem the delegates in 1787 had envisioning THREE Executors, however, was Executive responsiveness in a crisis.

The delegates ALSO considered requiring Senators to be "Natural Born Citizens" as well (which Massachusetts recommended to Congress in 1798). The 1787 delegate compromise, however, was to lessen the citizenship requirements of Senator, while strengthening that of the SINGLE Executor.

For the office of President, the Framers felt that a SINGLE Executor who had unquestionable loyalty was the best way to hedge against infiltrators, or as John Jay put it, the "admission of Foreigners into the administration of our national Government."

The Framers had good reason to be so paranoid — between 1776 and 1789, monarchs like Prince Henry of Prussia, and the Bishop of Osnaburgh (2nd son of George III), tried to “invite themselves” to become America’s new king.


So, now that the Constitutional Convention history lesson is out of the way ...

... what does Blackstone's Commentaries say in regards to British subjects, Allegiance and "service to two masters" (i.e., Dual Citizenship)?

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.

?


142 posted on 04/02/2010 11:14:46 PM PDT by BP2 (I think, therefore I'm a conservative)
[ Post Reply | Private Reply | To 89 | View Replies ]


To: BP2
Actually, the "natural born citizen" requirement applies to one other person, the Vice President.

The 12th amendment, adopted in 1804, says "But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

148 posted on 04/03/2010 8:50:09 AM PDT by Verginius Rufus
[ Post Reply | Private Reply | To 142 | View Replies ]

To: BP2
In ALL of the federal government, the NBC requirement applies to only ONE person: the President.

Not quite. The NBC requirement also applies to the Vice President, according to the last sentence of the Twelfth Amendment:

But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.

158 posted on 04/03/2010 3:01:14 PM PDT by justiceseeker93
[ Post Reply | Private Reply | To 142 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson