Back to the thread for # 55 ... and this sentence.
By the way, Cruz 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 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 cass wherin they have given a definition of what a NBC is, Minor vs Haperstatt, Wong Kim Ark vs US, Perkins vs Elg,) 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. 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, 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, Cruz 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.
Excellent remarks. The Churchill information is new to me & very trenchant.
And you can bet they never will.
Back to the thread for # 55 ... and this sentence.
By the way, Cruz 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?
Thois was taken from one of many times it has been posted here.
The meaning of the term-of-art ‘natural born Citizen’ has been addressed, and confirmed by the US Supreme Court. The idea that all persons who are a citizen at birth, are ‘natural born citizens’ cannot possibly be accepted for the simple reason that NO part of the Constitution can be interpreted in such a way as to make any part of the Constitution irrelevant. What that means is that the Constitution MUST be interpreted in such a way that every word in relevant. The idea that ‘citizen at birth’ equates to ‘natural born citizen’ ignores the word ‘natural’. If the intention was otherwise, they would have simply said a ‘born citizen’, or a ‘citizen at birth’ or ‘born a citizen’. So it is clear they intended something else. So - what does the word ‘natural’ mean in the context of ‘natural born citizen’?
There are two types of law. There is ‘positive law’ - this is man-made law, such as the Constitution, laws from Congress, state law, local ordinances, and so on. And then there is ‘natural law’ - this is the law of nature, or the divine. An example would be when the founders wrote the Declaration of Independence, and stated :
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
That is a form of natural law. So, the term ‘natural born citizen’ means EXACTLY what it says, a citizen at birth according to natural law.
OK - what is a citizen by natural law? Remember, a natural law is one that is unwritten. So a citizen by natural law, would be a citizen that would require no man made ‘positive’ law to be a citizen. So, when is someone a citizen without need of any positive law? When they can be nothing else. Does that sound familiar? Ever heard someone answer a question with the word ‘naturally’, because the answer could be nothing else? “Does Monday come after Sunday? Naturally!” Who can be nothing other than a citizen at birth, and therefore requires no positive law?
There are 4 basic variables governing citizenship.
Maybe where a person is born shouldn’t really matter. I’ve seen many immigrants who are much more patriotic than natural born American’s. But there is a process to go thru if that is the case, and that process is the Amendment process. But that probably wouldn’t go through. So what do they do? They simply ignore that part of the Constitution. The real danger is what part do they decide to ignore next?
'Natural Born Citizen' simply means, a person born a Citizen according to the law of nature.
What is important about the 'law of nature'? There is a legal term Jura naturæ sunt immutabilia - and it means, "The laws of nature are unchangeable". The Congress CAN NOT declare a person a 'Natural Born Citizen', because they CAN NOT change the definition, it's immutable.
The idea that Ted Cruz meets the NBC clause is ridiculous, Ted Cruz is a US citizen NOT by natural law, but by statutory law, as written in the Immigration and Nationality Act (either section 301, or section 320).
Just look at the titles of the chapters those sections are in! The title of the chapter section 301 is in - CHAPTER 1 -- NATIONALITY AT BIRTH AND BY COLLECTIVE NATURALIZATION. We know that Cruz was not considered a 'US National', he is a Citizen, so his citizenship would be from "COLLECTIVE NATURALIZATION". The title of the chapter containing section 320?
CHAPTER 2 -- NATIONALITY THROUGH NATURALIZATION, that says it all, all persons who are 'citizens at birth' through these sections, are citizens "THROUGH NATURALIZATION". Also, these are not really 'Citizens at birth', the are 'Citizens BY birth'. There is a BIG difference (and you will notice that Cruz 'spokespeople' will always say 'by birth'), persons who automatically acquire Citizenship via section 320, are not actually a US citizen until they move to the US and establish permanent residence.
That is why it was always clear that you must be born on US soil to be president, because ALL US citizens, born outside the US, even if a citizen at birth, are 'naturalized US citizens', and NOT 'natural born Citizens'.
Exactly:” 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.”
Disregarding the American birth requirement throws the door wide open to a million or so foreigners.
Consider these Jordanians: Princess Iman bint Al Hussein, Princess Raiyah bint Hussein, Prince Hamzah bin Hussein, and Prince Hashim bin Hussein.
These are the children of the late King Hussein and American born Lisa Halaby - Queen Noor. Without NBC requirements, they become eligible to be president.