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President Obama under the Lens of the Citizenship Question
The Conservative Underground, Vol. 2, No. 30
| November 24, 2009
| Jean F. Drew
Posted on 12/05/2009 11:07:08 AM PST by betty boop
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To: Alamo-Girl; Quix; xzins; TXnMA; Jeff Head; joanie-f; P-Marlowe; r9etb; hosepipe; metmom
FYI just in case you’re interested in a meditation on what American citizenship is, and whether the sitting POTUS is one.
2
posted on
12/05/2009 11:10:33 AM PST
by
betty boop
(Without God man neither knows which way to go, nor even understands who he is. —Pope Benedict XVI)
To: marron
Thought this might be a good discussion piece....
3
posted on
12/05/2009 11:12:36 AM PST
by
betty boop
(Without God man neither knows which way to go, nor even understands who he is. —Pope Benedict XVI)
To: betty boop
4
posted on
12/05/2009 11:14:23 AM PST
by
syc1959
To: betty boop
The Constitution itself nowhere defines natural born. ,
Oh yes it does!
"Natural Born" is declared in Article II [No Person except a 'natural born' Citizen...]
.. and "Natural Born" is implied and expressed in the Constitution as a result of COMMON LAW.
The Common Law in this case goes all the way back to the Magna Carta (over 700 years). "Natural Born" was actually expressed (written) in Vatel's Law of Nations. If you don't know what the Law of Nations said about "natural born" you should. The Founding Fathers did. The Founding Fathers knew exactly what was implied, expressed and common to law when they drafted Article II, the "natural born" eligibility clause.
The Constitution and de Vattels Law of Nations has the answer to any questions regarding citizenship abroad and any laws crossing national boundaries:
EXCERPT 1. U.S. Constitution, Article II, §1: No Person except a natural born Citizen, OR a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;
EXCERPT 2: de Vattels Law of Nations circa 1758 Book 1, Chapter XIX, § 212: The natives, or NATURAL-BORN CITIZENS, are those born in the country, of parents who are citizens
The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent.
Finally, the main item in the Constitution that ties both together:
EXCERPT 3: U.S. Constitution, Article I, §8: The Congress shall have Power
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the LAW OF NATIONS..
LAW OF NATIONS is CAPITALIZED, meaning our framers were citing a proper name. There was only one Law of Nations in 1787 officially declared. And yes, Congress has the power to create and enforce ANY LAW mentioned in the Law of Nations written by Emmerich de Vattel! It was sitting right under our noses the entire time.
"Natural Born" is a "separate" class of citizen for a very important reason. The Founding Fathers wanted to make sure any citizen that served as President owed his allegience, commitment and fiduciary responsibility, FIRST and FOREMOST, to the United States of America, NOT some foreign nation.
§ - Kerchner et al vs. Obama & Congress et al
There exists a possibility that Obama could be an illegal alien.
Obama has yet to adequately prove that he was born in the United States.
Obama has publicly conceded that his father was born in Kenya and a British subject/citizen at the time of Obama's birth which precluded Obama from gaining any U.S. citizenship from his father at the time of his birth.
At the time of his birth in 1961, under the applicable statute Obama also could not gain U.S. citizenship from his U.S. citizen mother due to her being only 18 years old at the time of his birth.
There also exists the possibility that if Obama had U.S. citizenship at birth, he lost that citizenship when his mother's second husband, Lolo Soetoro, an Indonesian citizen, adopted/acknowledged him as his son and along with his mother took him to live in Indonesia and when he later traveled as a foreign citizen with a foreign passport to Pakistan after the age of majority [18] when he was approximately 20.
A child born in wedlock and abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA, provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child). Attorney Mario Apuzzo:
Obama's mother, born on November 29, 1942, was 18 years old when she gave birth to Obama on August 4, 1961. She was 117 days short from being 19 years old. But she had to be at least 19 years old (14 years old plus 5 years of U.S. physical presence) to satisfy the legal requirement of Section 301(g). Hence, if Obama was born in Kenya, under the Fourteenth Amendment, he is neither a U.S. citizen by birth on U.S. soil nor one by naturalization. (There is no existing evidence that Obama was ever naturalized.) Nor would he qualify to be a U.S. citizen by any act of Congress by being born abroad to a U.S. citizen parent.
5
posted on
12/05/2009 11:17:57 AM PST
by
Man50D
(Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
To: syc1959
Obama is an undocumented illegal alien. Now that's what I call "getting the ball rolling," syc1959! LOLOL!!!
Thank you for the link!
6
posted on
12/05/2009 11:18:22 AM PST
by
betty boop
(Without God man neither knows which way to go, nor even understands who he is. —Pope Benedict XVI)
To: betty boop
7
posted on
12/05/2009 11:18:52 AM PST
by
A. Morgan
(The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. Lawrence)
To: betty boop
UNfortunately many people seem to think that its too late...
That the endorement of the electoral college and the very act of being sworn in resulted in legitimacy of barry’s presidency...
However in a court of law that would not stand...
No action can cause an unlawful act to be legitimized..
To: betty boop
I just cannot fathom what Obama would have lost squashing this shortly after his inauguration? This contentious issue is not going away.
Is this a ploy by the president to deliver a masterstroke revealing himself to be genuine at such a point when confidence has eroded to the point of dire necessity?
If so, I firmly believe that the anger will not evaporate; that the populace will resent the division created by the a potential fabrication.
To: MHGinTN; afraidfortherepublic; LucyT
To: Man50D; Alamo-Girl
Thank you so much for sharing your research with us, Man50D! Very well done!
11
posted on
12/05/2009 11:22:12 AM PST
by
betty boop
(Without God man neither knows which way to go, nor even understands who he is. —Pope Benedict XVI)
To: Tennessee Nana
No action can cause an unlawful act to be legitimized.. Absolutely true, Tennessee Nana! The Constitution forbids ex-post-facto laws.
Thank you so much for writing!
12
posted on
12/05/2009 11:25:04 AM PST
by
betty boop
(Without God man neither knows which way to go, nor even understands who he is. —Pope Benedict XVI)
To: betty boop
Hawaii issues Certificates of Live Birth (COLB) to any person born within its geographical jurisdictionUh, make that within its geographical jurisdiction and to infinity and beyond. Sun Yat Sen has a Certification of Hawaiian Birth that's much more impressive than Hussein's internet forgery. http://www.scribd.com/doc/9830547/Sun-Yatsen-Certification-of-Live-Birth-in-Hawaii
13
posted on
12/05/2009 11:25:33 AM PST
by
bgill
(The framers of the US Constitution established an entire federal government in 18 pages.)
To: betty boop
Thank you so much for sharing your research with us, Man50D! Very well done!,/I>
I wish I could take claim for writing that information but my research extends only to finding the information at www.americangrandjury.org
14
posted on
12/05/2009 11:26:31 AM PST
by
Man50D
(Fair Tax, you earn it, you keep it! www.FairTaxNation.com)
To: betty boop
querying the DNC and/or Ms. Pelosi: What did they know, and when did they know it? Of course the DNC knew it. Nan knew it when she signed a candidate certification to Hawaii but only a nomination letter for the other states. Hussein was also on the Senate committee that agreed McCain met "natural born citizen" status (Panama issue aside) and agreed that term meant BOTH parents were American citizens. Funny how there wasn't a vetting committee for him.
15
posted on
12/05/2009 11:37:20 AM PST
by
bgill
(The framers of the US Constitution established an entire federal government in 18 pages.)
To: Man50D
de Vattels Law of Nations circa 1758 Book 1, Chapter XIX, § 212: The natives, or NATURAL-BORN CITIZENS, are those born in the country, of parents who are citizensExactly.
16
posted on
12/05/2009 11:38:33 AM PST
by
bgill
(The framers of the US Constitution established an entire federal government in 18 pages.)
To: betty boop
Mincing-Mobassa-MoFo ping.
Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.
17
posted on
12/05/2009 11:44:10 AM PST
by
The Comedian
(Evil can only succeed if good men don't point at it and laugh.)
To: betty boop
Kudos and thank you, dearest sister in Christ, for your wonderful and engaging essay-post! Truly, there is a legal issue here that needs to be resolved independent of anything Hawaii might have to say about Obama's birth. And only the U.S. Supreme Court can speak with authority to settle the matter.
Since the concern focuses on the President's position as commander-in-chief, they could also do the country a favor by showing that the U.S. military should never come under the command of any entity with divided loyalties (e.g. the U.N.) That is of course assuming that they underscore the framer's concerns, i.e. that the CIC must not have a divided loyalty to another nation.
To: Man50D; Alamo-Girl; Quix; xzins; TXnMA; Jeff Head; joanie-f; P-Marlowe; r9etb; hosepipe; metmom; ...
Well then, thank you ever so much for providing that valuable link!
I'd read before that Stanley Ann Dunham, as a minor at the time of Obama's birth who couldn't satisfy the residency requirement under then-existing law, was ineligible to transfer American citizenship to her child. From his mother's side, Obama is, in effect, a "stateless person." On his father's side, he is a British citizen. But as a further complication, his British citizenship may have been terminated by his Indonesian step-father; in which case, he'd be an Indonesian naturalized citizen.
On these facts, it is certain to me that the case cannot be made that BHO is a natural-born American citizen.
19
posted on
12/05/2009 11:50:24 AM PST
by
betty boop
(Without God man neither knows which way to go, nor even understands who he is. —Pope Benedict XVI)
To: betty boop
20
posted on
12/05/2009 11:53:33 AM PST
by
narses
('in an odd way this is cheering news!'.)
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