“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.
Most likely that he does.
I’ll reply to your post tomorrow, but thank you for actually addressing the ARGUMENT rather than just name calling.
We know who's side he's on, he's made that abundantly clear.
Moreover, you'll notice there is about 20 instances Mr Rogers in his slobbering lamentation are about money and how hard work is and other related issues. Yeah, it is a good chance he is paid by the biscuit.
http://www.freerepublic.com/focus/chat/2513818/posts?page=340#340
The text, as you cited:
“(2.) The constitution requires, that the president should be a natural born citizen, or a citizen of the United States at the time of the adoption of the constitution, and that he have attained to the age of thirty file years, and have been fourteen years a resident within the United States. Considering the greatness of the trust, and that this department is the ultimately efficient 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 qualification 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. The age of the president is sufficient to have formed his public and private character; and his previous domestic residence, is intended to afford to his fellow citizens the opportunity to attain a correct knowledge of his principles and capacity, and to have enabled him to acquire habits of attachment and obedience to the laws, and of devotion to the public welfare.”
http://www.lonang.com/exlibris/kent/kent-13.htm
“The constitution requires, that the president should be a natural born citizen...As the president is required to be a native citizen of the United States”
As happens fairly frequently, we see NBC and native citizen used interchangeably. If this were mathematics, we could say NBC is a subset of native citizen and thus more restrictive, and that is a possible interpretation. However, English isn’t mathematics, and his commentary has native citizen as a requirement imposed by the Constitution, which is only true if they are equivalents.
And why is there this requirement?
“ambitious foreigners cannot intrigue for the office”
Got it. No foreigners. Nothing about native citizen parents, but the prospective President needs to be born in the USA so foreigners won’t try to take over the office that gives orders to the military.
“and the qualification 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...”
No foreign entanglements. Got it. Don’t have to worry about the President getting us in a war to support his native country of France, or Kenya, or wherever.
But what we do NOT find here is that the person born in America needs to have both parents born in America. If that had been part of being a NBC, then it would deserve mention in the commentary, instead of being equated with being a ‘native citizen’.
And, as you noted, “Natives are all persons born within the jurisdiction of the United States.” If Obama was born in Hawaii, he was born in the jurisdiction of the US. Based on his travel and residence, he has continued to hold US citizenship, and has NOT renounced it to become a UK or Kenyan citizen.
I realize you will disagree, but I think my interpretation is every bit as valid as yours, and even more so. More to the point, my interpretation has held sway during the nearly 200 years since...