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

Skip to comments.

NATIONAL SECURITY SHOULD DRIVE THE MEANING OF AN ARTICLE II “NATURAL BORN CITIZEN”
Mario Apuzzo, Esq. ^ | January 8, 2008 | Mario Apuzzo, Esq.

Posted on 01/08/2009 7:33:20 PM PST by Puzo1

national security should drive the meaning of an Article II "natural born Citizen"


TOPICS: Government; History; Politics; Society
KEYWORDS: birthcertificate; certifigate; confidenceman; conman; eligibility; hustler; kenyanemailscam; nationalsecurity; naturalborncitizen; obama; president; shister
Navigation: use the links below to view more comments.
first 1-2021-38 next last
A would-be President in order to be a “natural born Citizen” under Article II of the Constitution has to be born on U.S. soil to two parents who were U.S. citizens (by birth or naturalization) at the time of his/her birth. Obama cannot be a natural born citizen even if he was born in Hawaii (which is still in dispute) because, while he was born to a mother who was a U.S. citizen, his father was a British citizen at the time of his birth. See E. de Vattel, The Law of Nations Sec. 212 (1758); July 25, 1787 letter from John Jay to George Washington; Article 2, Section 1, Clause 5 of the Constitution; Naturalization Act of 1790 (1 Stat.103,104); Naturalization Act of 1795 (1 Stat. 414) (children of citizens of the United States born out of the limits and jurisdiction of the United States shall be considered as citizens of the United States as opposed to natural born citizens); 14th Amendment; Rep. John Bingham of Ohio speech on civil rights of citizens in the House on March 9, 1866; Minor v. Happersett, 88 U.S. 162 (1875); United States v. Wong Kim Ark, 169 U. S. 649 (1898); Perkins v. Elg, 99 F.2d 408 (D.C. Cir. 1938), aff’d 307 U.S. 325 (1939); restoretheconstitutionalrepublic.org.

In defining what is a "natural born Citizen" under Article II, we are attempting to define what the standard to be President of the United States is as envisioned by the Founders of our nation and the Framers of the Constitution who had just fought a revolutionary war against a foreign power. That standard has to be an exacting one. We are not talking about the requirements to hold any other political office, to be a judge, or to be an ordinary citizen. We are not referring to a citizen defined in the 14th Amendment or by a Congressional Act. The Founders in their wisdom recognized the importance of the highest office in this country and for national security reasons singled it out in Article II, limiting it to individuals who have no conflicts in allegiance to our nation. The President alone has great power which is not the case for any Senator, Representative, or Judge who may not act alone but rather act as part of a collegial body. The President may act alone, despite his surrounding himself with a Cabinet and other political advisors. A non-Article II U.S. citizen (born on U.S. soil regardless of parental citizenship status or naturalized [14th Amendment citizenship] or born abroad to one or two qualifying U.S. citizen parents [Congressional Act citizenship ] is eligible to serve as governor, senator, representative, judge, mayor, etc. but not President.

The question of what is a "natural born Citizen" must be answered not only with the thought of what is "fair" and "politically correct" in our immigrant America, but also with what makes sense from a self-survival standpoint. Perception of how safe our world is today is not relevant in this analysis. When analyzing the national self-survival factor, we have to assume the most extreme examples, existing not only in today's world but also in that of the future. If there is any doubt on this issue, we must err on the side of national security and not on the side of a liberal philosophy espoused to please all people.

© Mario Apuzzo, Esq. January 8, 2009

1 posted on 01/08/2009 7:33:20 PM PST by Puzo1
[ Post Reply | Private Reply | View Replies]

To: gieriscm

ping


2 posted on 01/08/2009 7:36:01 PM PST by BCR #226 (07/02 SOT www.extremefirepower.com...The BS stops when the hammer drops.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Puzo1

I’m a fan of Mario; it looks like you are as well, even if you don’t answer my questions...


3 posted on 01/08/2009 7:37:14 PM PST by Kevmo ( It's all over for this Country as a Constitutional Republic. ~Leo Donofrio, 12/14/08)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Puzo1
What, you mean THIS old thing?

PuhLEEZE, that is so 18th-Century!

4 posted on 01/08/2009 7:43:24 PM PST by Old Sarge (For the first time in my life, I am ashamed to be an American)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Puzo1

To me, it’s self apparent that natural born citizen as an U.S. President is a national security issue as it was for the Founders.


5 posted on 01/08/2009 7:44:57 PM PST by Red Steel
[ Post Reply | Private Reply | To 1 | View Replies]

To: BCR #226

Barring any staggering surprises, since the SCOTUS did not have the guts to even HEAR the suits brought to it, as well as an FEC and Demorat party (and so-called Republicans) that have worked VERY hard to suppress the entire matter, it is safe to say that the Constitution again has been thrown under the bus.

Expect much more of it, as the agenda of the Obama, Reid, Pelosi, Biden regime takes control. As one of my favorite talk show celebrities always says, “elections have consequences”.


6 posted on 01/08/2009 7:45:33 PM PST by EagleUSA
[ Post Reply | Private Reply | To 2 | View Replies]

To: Red Steel

Given Zero’s comments about Hamas and apparent indifference toward our friends in Israel or elsewhere, it should be apparent why we need to know who a man is BEFORE we elect him.


7 posted on 01/08/2009 7:48:06 PM PST by cripplecreek (The poor bastards have us surrounded.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Puzo1

>>A would-be President in order to be a “natural born Citizen” under Article II of the Constitution has to be born on U.S. soil to two parents who were U.S. citizens (by birth or naturalization) at the time of his/her birth.<<

That would disenfranchise so many children of American Military as to be grossly unfair. Not to mention it would lead to great difficulty filling overseas posts on behalf of the U.S.


8 posted on 01/08/2009 7:49:23 PM PST by gondramB (Preach the Gospel at all times, and when necessary, use words.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Old Sarge
As he emerged from a meeting of the Constitutional Convention, a woman asked him, "Mr. Franklin, what sort of government have you given us?" Franklin replied, "A republic, madam, if you can keep it."

That old thing limited the scope and powers of the federal government.........once.
9 posted on 01/08/2009 7:49:38 PM PST by BIGLOOK (Keelhaul Congress! It's the sensible solution to restore Command to the People.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Old Sarge

Page 47 is on the back!


10 posted on 01/08/2009 7:53:03 PM PST by Young Werther (Julius Caesar (Quae Cum Ita Sunt. Since these things are so.))
[ Post Reply | Private Reply | To 4 | View Replies]

To: Kevmo

>>To: Puzo1

I’m a fan of Mario; it looks like you are as well, even if you don’t answer my questions...<<

It would appear Puzo1 joined Freep just to start threads not to discuss.


11 posted on 01/08/2009 7:57:32 PM PST by gondramB (Preach the Gospel at all times, and when necessary, use words.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: gondramB

The law was changed reguarding children of American military personnel. In fact it was made retroactive, which is how John McCain was able to run despite the fact that he was born prior to the law change.

It was a good change that hurt us this time.


12 posted on 01/08/2009 8:00:40 PM PST by cripplecreek (The poor bastards have us surrounded.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: BIGLOOK

Just wait...

One trillion in new spending next year on top an already one trillion deficit..... A 2 trillion plus deficit next year!

Dollar will go up in smoke. SS payments will increase.

I think I see a brick wall in the fast lane with Hussiens name on it.


13 posted on 01/08/2009 8:03:06 PM PST by PA-RIVER
[ Post Reply | Private Reply | To 9 | View Replies]

To: gondramB

What is U.S. soil is debatable under the military scenarios. McCain falls into this category. U.S. soil could be given a more relaxed meaning, especially if an expectant mother is at the “foreign” location for purposes of defending her nation. What is most important, however, is the U.S. citizenship of the mother and father at time of birth, for the allegiance of the parents is what give a child his/her values.


14 posted on 01/08/2009 8:39:29 PM PST by Puzo1 (Ask the Right Questions to Get the Right Answers)
[ Post Reply | Private Reply | To 8 | View Replies]

To: gondramB

>>A would-be President in order to be a “natural born Citizen” under Article II of the Constitution has to be born on U.S. soil to two parents who were U.S. citizens (by birth or naturalization) at the time of his/her birth.<<

That would disenfranchise so many children of American Military as to be grossly unfair. Not to mention it would lead to great difficulty filling overseas posts on behalf of the U.S.

What in the world does this have to do with selecting the man who would head our nation?

One does not have to be an American in order to serve in the Armed forces. In fact, I have advocated that if illegals already here truly wish to be considered as American citizens, one way is to join up for three years. That way, they would better appreciate what this country strives for rather than just a better paying job than they would get back home.


15 posted on 01/09/2009 6:08:54 AM PST by bestintxas (It's great in Texas)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Puzo1

Agreed.


16 posted on 01/09/2009 6:55:24 AM PST by nominal (Christus dominus. Christus veritas.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: PA-RIVER

“I think I see a brick wall in the fast lane with Hussiens name on it.”

It’s worse: the brick wall has 5 foot long, 3 inch thick titanium spears protruding from it AND is attached to the front end of a 230 MPH bullet train headed in our direction. We may survive the crash, but may be so dazed by the time it’s over, we may not even be able to remember who BHO is, much less pin the blame for the wreck on him.


17 posted on 01/09/2009 7:49:20 AM PST by DrC
[ Post Reply | Private Reply | To 13 | View Replies]

To: Old Sarge

“What, you mean THIS old thing?”

Nice graphic, but shouldn’t it also be torn into tiny shreds as well?


18 posted on 01/09/2009 7:50:15 AM PST by DrC
[ Post Reply | Private Reply | To 4 | View Replies]

To: Puzo1; patriotgal1787

Boy, did your law professor screw up; he let a lawyer get out that really does understand the meaning of “is” !!

I really am amazed that this question has really illustrated one of Churchill’s Maxims: “A common society divided by language.”

Andrea; you may be interested in this.


19 posted on 01/09/2009 8:03:37 AM PST by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: gondramB
That would disenfranchise so many children of American Military as to be grossly unfair. Not to mention it would lead to great difficulty filling overseas posts on behalf of the U.S.

Not to mention, this definition of 'natural born' --invented solely as an avenue to keep a Hawaiian-born Obama out of the White House is entirely fictional and has no basis in our Constitution or established case law.

People here can wish our Constitution said something it doesn't but wishing for it doesn't make it so.

20 posted on 01/09/2009 8:45:48 AM PST by Drew68
[ Post Reply | Private Reply | To 8 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-38 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

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