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To: Red Steel

You DO realize I can provide quotes on the OTHER side?

“As the President is required to be a native citizen of the United States…. Natives are all persons born within the jurisdiction and allegiance of the United States.”

James Kent, COMMENTARIES ON AMERICAN LAW (1826)

“That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted) is a happy means of security against foreign influence,…A very respectable political writer makes the following pertinent remarks upon this subject. “Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it.”

St. George Tucker, BLACKSTONE’S COMMENTARIES (1803)

“The country where one is born, how accidental soever his birth in that place may have been, and although his parents belong to another country, is that to which he owes allegiance. Hence the expression natural born subject or citizen, & all the relations thereout growing. To this there are but few exceptions, and they are mostly introduced by statutes and treaty regulations, such as the children of seamen and ambassadors born abroad, and the like.”

Leake v. Gilchrist, 13 N.C. 73 (N.C. 1829)

“Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.”

William Rawle, A View of the Constitution of the United States, pg. 86 (1829)

So you see, there were a variety of books and opinions written in the early 1800s, giving BOTH sides.

Also, you highlighted selectively - your first one exempts children born to “ambassadors, or other foreign ministers” - IAW common law as cited by the Supreme Court in WKA.

Your second citation highlights the case of those born in the USA prior to the Revolution, but who moved away and did not return.

Please try to READ before you post, and don’t take quotes out of their context - it will be less embarassing for you!


296 posted on 05/15/2010 11:14:49 PM PDT by Mr Rogers
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To: Mr Rogers
“As the President is required to be a native citizen of the United States…. Natives are all persons born within the jurisdiction and allegiance of the United States.”

But natural born citizens can only be presidents not alien natives.

There are two definitions for jurisdiction. One is 'territorial' jurisdiction where the laws of the country have legal effect, and the other is jurisdiction of citizenship and allegiance to another country. Natural born citizen have total allegiance to the United States. Obama as you know, inherited a foreign allegiance to another country at birth, therefore, he cannot be an natural born US Citizen.


Please try to READ before you post, and don’t take quotes out of their context - it will be less embarassing for you!

You're the embarrassment Ms. Rogers.


299 posted on 05/15/2010 11:32:31 PM PDT by Red Steel
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To: Mr Rogers; Red Steel; BP2
You DO realize I can provide quotes on the OTHER side?

“As the President is required to be a native citizen of the United States…. Natives are all persons born within the jurisdiction and allegiance of the United States.” James Kent, COMMENTARIES ON AMERICAN LAW (1826)

And as BP2 pointed out, do you get paid by the biscuit for your regurgitation of obot propaganda? Here is the correct reference to Kent (1826-27):

http://constitutionallyspeaking.wordpress.com/2010/01/16/did-common-law-really-grant-automatic-us-citizenship-upon-birth-regardless-of-parentage-part-ii/

Kent citing that the very liberal progressives want you to see and uses adnausium.

“As the President is required to be a native citizen of the United States…. Natives are all persons born within the jurisdiction of the United States.” James Kent, COMMENTARIES ON AMERICAN LAW (1826)

The actual text of Kent’s commentary on the qualifications for president taken from Kent’s original works, not cites from unknown sources and taken out of the original context, state something quite different.

(2.) The constitution requires that the President shall be a natural born citizen, or a citizen of the United States at the time of the adoption of the constitution, and that he shall have attained to the age of thirty-five years, and shall have been fourteen years a resident within the United States. Considering the greatness of the trust, and that this department is the ultimately efficient executive power in government, these restrictions will not appear altogether useless or unimportant. As the President is required to be a native citizen of the United States, ambitious foreigners cannot ; intrigue for the office, and the qualifications of birth cuts off all those inducements from abroad to corruption, negotiation and war, which have frequently and fatally harassed the elective monarchies of Germany and Poland, as well as the Pontificate at Rome… (James Kent, Commentaries on American Law, Part II: Of the Government and the Jurisprudence of the United States, 1826)

Lets break it down:

As the President is required to be a native citizen of the United States, ambitious foreigners cannot; intrigue for the office ( here he is speaking of the grandfather clause ( a citizen at the time of the adoption of the constitution),

Then he goes onto part II:

and the qualifications for birth (natural born citizen) cuts off all those inducements from abroad to corruption, negotiation and war,

There you have it. As the President is required to be a native citizen AND the qualifications for birth. Kent was talking about each qualification respectively, not inclusively.

This is the actual text of the above mention cite the progressives had you believe was under qualifications for president, when in fact it is found under immigration & naturalization.

James Kent, Commentaries 1:397–98; 2:33–63(1826-1827)

We are next to consider the rights and duties of citizens in their domestic relations, as distinguished from the absolute rights of individuals, of which we have already treated. Most of these relations are derived from the law of nature, and they are familiar to the institutions of every country, and consist of husband and wife, parent and child, guardian and ward, and master and servant. To these may be added, an examination of certain artificial persons created by law, under the well known name of corporations. There is a still more general division of the inhabitants of every country, under the comprehensive title of aliens and natives, and to the consideration of them our attention will be directed in the present lecture.

(1.) Natives are all persons born within the jurisdiction of the United States. If they were resident citizens at the time of the declaration of independence, though born elsewhere, and deliberately yielded to it an express or implied sanction, they became parties to it, and are to be considered as natives; their social tie being coeval with the existence of the nation.

422 posted on 05/16/2010 8:50:25 PM PDT by patlin (1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
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