Posted on 12/01/2011 10:01:50 AM PST by rxsid
"Debunking The New Natural Born Citizen Congressional Research Propaganda.
Yesterday, attorney Jack Maskell issued yet another version of his ever changing Congressional Research Memo on POTUS eligibility and the natural-born citizen clause. The CRS memo is actually a blessing for me in that Ive been putting a comprehensive report together on this issue for about a month now. But not having an official source standing behind the entire body of propaganda made my job more difficult.
The complete refutation will be available soon, but for now I will highlight one particularly deceptive example which illustrates blatant intellectual dishonesty. On pg. 48, Maskell states:
In one case concerning the identity of a petitioner, the Supreme Court of the United States explained that [i]t is not disputed that if petitioner is the son of two Chinese national citizens who were physically in the United States when petitioner was born, then he is a natural born American citizen .221221 Kwok Jan Fat v. White, 253 U.S. 454, 457 (1920). The Supreme Court also noted there: It is better that many Chinese immigrants should be improperly admitted than that one natural born citizen of the United States should be permanently excluded from his country. 253 U.S. at 464.
Reading this yesterday, I had a fleeting moment of self-doubt. Could I have missed this case? Did the Supreme Court really state that the son of two aliens was a natural-born citizen? The Twilight Zone theme suddenly chimed in. I then clicked over to the actual case, and of course, the Supreme Court said no such thing.
The petitioner was born in California to parents who were both US citizens. His father was born in the United States and was a citizen by virtue of the holding in US v. Wong Kim Ark. His mother place of birth was not mentioned. Regardless, she was covered by the derivative citizenship statute, and was, therefore, a US citizen when the child was born.
It was alleged that the petitioner had obtained a false identity and that the citizen parents were not his real parents. But the Supreme Court rejected the States secret evidence on this point and conducted their citizenship analysis based upon an assumption these were petitioners real parents.
Having been born in the US of parents who were citizens, petitioner was indeed a natural-born citizen. But Maskells frightening quotation surgery makes it appear as if the petitioner was born of alien parents. The Supreme Court rejected that contention. And Maskells ruse highlights the depravity of lies being shoved down the nations throat on this issue. I can imagine Mini-Me sitting on his lap while this was being prepared.
When you look carefully at Maskells creative use of quotation marks, youll see that the statement is NOT a quote from the case, but rather a Frankenstein inspired patchwork. He starts the reversed vivisection off with the following:
[i]t is not disputed that if petitioner is the son
These are the first few words of a genuine quote from the Courts opinion. Then Maskell goes way out of context for the next two body parts. The first is not in quotation marks:
of two Chinese national citizens who were physically in the United States when petitioner was born, then he is
And finally, an unrelated quote from elsewhere in the Courts opinion:
a natural born American citizen .
Put it all together and you get the following monstrosity:
the Supreme Court of the United States explained that [i]t is not disputed that if petitioner is the son of two Chinese national citizens who were physically in the United States when petitioner was born, then he is a natural born American citizen .
But the Supreme Court never said that. Heres what they actually said:
It is not disputed that if petitioner is the son of Kwock Tuck Lee and his wife, Tom Ying Shee, he was born to them when they were permanently domiciled in the United States, is a citizen thereof, and is entitled to admission to the country. United States v. Wong Kim Ark, 169 U.S. 649 , 18 Sup. Ct. 456. Kwok Jan Fat v. White, 253 U.S. 454, 457 (1920).
This real quote when liberated from Maskells embalming fluid does not resemble the propaganda at all.
Maskell avoids the inconvenient truth that the Court took direct notice of the authorities having established that the petitioners father was born in the US and that he was a voter:
the father of the boy was native born and was a voter in that community. Id. at 460.
Maskell never mentions that the father and mother were US citizens at the time of petitioners birth in California.
This deceitful exercise alone strips the entire memo of all credibility.
Had Maskell simply offered his arguments fairly, using real quotes instead of Frankensteining this crap, I would not have attacked him personally. But such deceptive behavior deserves no respect whatsoever. The memo is pure propaganda, and its not even shy about it.
LOOMING CONSTITUTIONAL DISASTERS
The timing of the memos appearance is alarming. I have been saying for quite awhile now that Obama doesnt really have to worry about the natural-born issue coming back to haunt him in court unless he attempts to suspend the Constitution. I know that sounds paranoid. And nothing would please me more than to be wrong on that prophecy. If my fears dont come to pass, I will gladly wear the tin foil hat of shame. But the appearance of the updated CRS memo at this particular moment portends a Constitutional disaster.
If Obama attempts to suspend the US Constitution and/or declare martial law and/or suspend the 2012 election chances of the natural-born citizen issue finding its way to the Supreme Court on the merits increase exponentially.
Leo Donofrio, Esq.
This doesn't really answer the question. The CRS already put out a memo a couple of years ago and most Congress critters have been lying about Obama's eligibility already. Why would a new memo be needed?? And why would there be any more letters from constituents since Obama supposably put this issue to bed by releasing his forgery??
They probably got a few in 2008, but remember that until late in 2008, October or November, no one held the two-citizen-parent theory.
Technically it's not a two-citizen-parent theory. By common law, only the father's citizenship is passed down by descent. Second, if Obama's father had actually been an immigrant with an intention to become a U.S. citizen or who had naturalized later, a lot of people wouldn't care so much. Barak Sr. had no intention of being a U.S. citizen and his wife planned to go to Kenya with him. How is there any natural allegiance in such a situation?? There isn't any.
The eligibility of the native-born may have been in doubt before the 14th Amendment and its interpretation in U.S. v. Wong Kim Ark, but not in our time.
Only because of massive ignorance and misunderstanding. You help illustrate why. Too many people assume that "native-born" means the same thing as the Constitutional term "natural-born," but as written in Wong Kim Ark, they are separate and unequal terms. Only the latter applies to presidential eligibility and it requires birth to citizen parents.
So quote that exclusively part of your favorite decision there. Show where, even in dicta, the Court said *only* that class are NBC.
It's in the formal characterization of those born in the country to parents who were it's citizens.
These were natives, or natural-born citizens, as distinguished from aliens or foreigners.
This is a self-limiting statement. Under natural circumstances, if you aren't born in the country to citizen parents, you aren't a natural-born citizen. Your natural condition is that of an alien or foreigner whose citizenship relies on Constitutional or statutory means. In Wong Kim Ark, Justice Gray said the 14th amendment does not say who shall be natural-born citizens. He also cited U.S. v. Rhodes and Shanks v. Dupont in which the courts recognized that upon birth on U.S. soil, one was EITHER a natural-born citizen OR a natural-born subject. You couldn't be both. It was one or the other. The deciding factor was based on the allegiance of the parents, not the place of birth. Those who adhered to the U.S. at this time were citizens, so those born on the soil to citizens were natural-born citizens. Those born on the soil to subjects of the crown were natural-born subjects. This rule prevailed upon the establishment of the U.S. Constitution. Under that rule, Obama is natural-born British subject.
Congress employs experts such as Maskell because Congress need real experts, not pretenders.
One so-called experts does NOT Trump the Supreme Court, especially when that expert makes so many mistakes as have been pointed out.
I wish I could help you find the article. Unfortunately what you describe doesn’t ring a bell for me.
Was it in a National news publication? Or a Blog Posting? I have access to some very powerful subscription search sites, but I have to have something to search for. A title, an Author, a specific subject...
If I can help let me know.
I notice that you did not refute the substance of Leo’s claim - that the CRS report contains badly misrepresented false quotes that bias the findings of the report.
Gee, I wonder why...NOT!
How do we ever recover from the mincemeat the irrational decisions have made of those issues you mentioned?
This is sort of an aside, but illustrates the mincemeat I’m talking about: The whole Roe v Wade decision centered around the claim that the word “person” in the 14th Amendment means “legal person”, not “biological person”. The Dred Scott decision had already decided that though Blacks are biological persons they are not “legal persons”, since the Constitution allowed for Blacks to be slaves even though the Bill of Rights gave guarantees of personal rights.
The 14th Amendment - according to all the legal precedent up to the Roe v Wade decision - extended to every person the legal protections of the Constitution and state and federal statutes. Yet if the 14th Amendment only applies to “legal persons” it never applied to Blacks, who have never been declared by the Constitution to be anything except what the courts had decided in Dred Scott: human livestock, or 2/3 of a person when calculating Congressional representation.
So now we’ve got a Constitutional Amendment which allows to Blacks - human livestock, according to the Dred Scott decision which was never reversed if the Roe v Wade logic is correct - the right to vote.
You could extend that farther and say that if human livestock is guaranteed the right to vote, then equine livestock should also be guaranteed the right to vote....
Etc ad nauseum. When you put arsenic in the water you end up with all kinds of crap, because the logic just doesn’t make sense.
When “logic” is random rather than having to make sense, there can’t be any rule of LAW; it’s all just the rule of MEN. A judge could say ANYTHING, and there would be no constraints.
It reminds me of the game where you have somebody write a paragraph of a story, and then pass that paragraph on to the next person who builds the story in whatever direction they want to go, then pass it on to the next person who does the same. A “living document” that can be shaped however the people who happen to be given the pen choose to shape it. If that is the US Constitution, then we don’t have a real Constitution, nor do we have the rule of law. We have the rule of men, and since all we have is a garbled legal mess, the whole country devolves into a rat-race to buy favors from the people who hold the pen at the moment.
That’s where we’re at right now. So how do we ever get back to sanity?
That is a very good point, even if offered in jest. It does appear the leftists continue to advance the fraud with this latest memo.
However, it is also clear the entire Republican political machine gave Obama a pass at every point in the process during 2008-09. At the local level, even Republican SoSs either were induced to look the other way for political purposes, or believed the foreign father disqualification to be a federal issue. Unfortunately, resolution of the issue will most likely involve a lengthy and expensive federal lawsuit, and the outcome is uncertain.
As seen elsewhere on FR, NH to its credit and perhaps after analyzing the 2008-09 fiasco, added in 2010 two important elements to its primary election laws. NH now requires a presidential candidate to swear under oath that he or she is a NBC.
So one can ask:
What should NH (or any other state) do with a candidate who has on numerous occasions successfully refused to submit a BC to a court of law for examination, but has released to the public patently fabricated birth documents as proof of birthplace?
Shouldnt those facts raise a reasonable question as to the validity of a declaration regarding place of birth sworn by that candidate?
Wouldnt it be reasonable for the state to request that the candidate authorize the state of birth to provide it with copies of birth documents together with certification that those documents establish the actual birthplace?
Wouldnt such a transaction be a sensible, quick and inexpensive means of resolving questions re the validity of the candidates declaration, at least as to the first of the two elements of NBC?
The specific question for NH legislators: What was your intent with the 2010 legislation if it was not to enforce it?
That is a very good point, even if offered in jest. It does appear the leftists continue to advance the fraud with this latest memo.
However, it is also clear the entire Republican political machine gave Obama a pass at every point in the process during 2008-09. At the local level, even Republican SoSs either were induced to look the other way for political purposes, or believed the foreign father disqualification to be a federal issue. Unfortunately, resolution of the issue will most likely involve a lengthy and expensive federal lawsuit, and the outcome is uncertain.
As seen elsewhere on FR, NH to its credit and perhaps after analyzing the 2008-09 fiasco, added in 2010 two important elements to its primary election laws. NH now requires a presidential candidate to swear under oath that he or she is a NBC.
So one can ask:
What should NH (or any other state) do with a candidate who has on numerous occasions successfully refused to submit a BC to a court of law for examination, but has released to the public patently fabricated birth documents as proof of birthplace?
Shouldnt those facts raise a reasonable question as to the validity of a declaration regarding place of birth sworn by that candidate?
Wouldnt it be reasonable for the state to request that the candidate authorize the state of birth to provide it with copies of birth documents together with certification that those documents establish the actual birthplace?
Wouldnt such a transaction be a sensible, quick and inexpensive means of resolving questions re the validity of the candidates declaration, at least as to the first of the two elements of NBC?
The specific question for NH legislators: What was your intent with the 2010 legislation if it was not to enforce it?
Oooops, a Mae West.
"So 39 years ago, why did my Teacher tell our 5th grade class this theory in 1972? Could it be a time warp? Without 2 US citizens as parents, you have legitimate claims to foreign citizenship. That's a sorry ass fact for our sorry ass Kenyan president, isn't it?"No, that's just unreliable memory. In other threads we've checked out what actual civics textbooks said. No one could find a single one supporting your theory. On the other hand:
Our Federal Government: How it Works, 1958: "Anyone aspiring to the highest office in the land must have been born in the United States, and he must be at least thirty-five years of age. To ensure the fact that his interests really lie within the country, the Constitution also demands that the candidate have lived for fourteen years prior to his election in the United States."
According to Civics for Citizens, 1965: "A natural-born citizen is one born in the United States or in one of its possessions."
According to Our Constitution and What it Means, 1975: "The President must be born in the United States or born of citizens of the United States."
Hat tip to Vickery2010 and Kleon for the citations. There's more if you want.
Bullshit.
I remember it like it was yesterday. Maybe she learned it in college.
She told us that most people assume it is just being born on US Soil. She then said that others think it must include two citizen parents, otherwise you could have a dual citizen become president, which is unthinkable. The class was pretty surprised, but well informed. It left an impression.
She said that scholars have searched for the term “natural born Citizen” trying to pin down the meaning. Funny thing is, ominously and dramatically, she said one day it might have to be resolved. That was her very last statement on the subject.
She was a beauty. Big blue eyes, long black hair. Always in a skin tight dress. A knock out. When she spoke, the boys listened. Her last words left it as a mystery in our minds as to how this would play out.
So we now have a half American president, pitting citizen against citizen, who calls Kenya his home country. Who has the balls to campaign there while he is a US senator. And people understand, intuitively, that the constitution has been violated. We can see the writings of Americas first historian and founder, Davis Ramsay. His writings tell us that it requires citizen parents. We see statements by Senators in the 1800’s that say the same thing. That it requires citizen parents.
So it seems your text books are worthless. The constitution may have been written by dead white guys, but it and its founders writings and words trump a text book for a public school.
From 1883
http://books.google.com/books?id=YfZDAAAAYAAJ&printsec=frontcover#v=onepage&q&f=false
“There are two conditions required to make a natural-born citizen - parentage and place of birth.”
Summary: Jus soli and jus sangunis apply.
Washington Law Reporter - 1903 page 824
http://books.google.com/books?id=_cUZAAAAYAAJ&printsec=frontcover#v=onepage&q&f=false
“The conclusion is that the child of citizens of the United States, wherever born, is a natural-born citizen.”
Summary: Jus sanguinis applies, jus soli is not germane.
None of your citations precludes that the parents must be citizens. And as we all know, none of them Trump the SCOTUS definition on NBC written in Minor and affirmed in WKA: all children born in the country to parents who were its citizens.
Founder and Historian David Ramsay Defines Natural Born Citizen in 1789
this was .Georgia-Terry-v-Handel-2008?????
In Georgia-Terry-v-Handel the Attorney General presents his case why obama cannot be vetted...seems this will be used in the ballot cases.
Plantiff was seeking bc.
Oh dear, our Kenyan Master has a busy legal plate...
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