Part II: Did Common Law Really Grant Automatic US Citizenship Upon Birth Regardless Of Parentage?

ConstitutionallySpeaking ^ | 1/16/2010 | patlin

[patlin]

Here is the 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 progressives cite from 2 completely different sections in Kent’s commentaries . . . What they do not tell you is that the latter part, natives are all persons born within the jurisdiction of the United States is cited from Kent’s lecture on A1, S8, C5, the uniform Rule of Naturalization.

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:

[patlin]

Illinois state law in 1919, which could not supersede the requirements for citizenship that was laid out in the US constitution stated that:

A woman born in the United States of foreign parents, regardless of whether either of her parents was naturalized, is a citizen, unless such parents were temporarily in the United States. A woman citizen of the United States who marries an alien thereby forfeits her citizenship, whether such alien is a resident of the United States or not.

[wintertime]

Hm?...No trolls yet, and none on the other Obama eligibility thread I check out a little while ago. Hm?

I wonder. Are the DOJ paid trolls busy working other sites and threads regarding the election in Mass?

[patlin]

Yes, getting caught with one pants down isn’t always so flattering , lol

[tumblindice]

According to Kent, “As the President is required to be a native citizen of the United States ... “

According to the Constitution he must be a natural born citizen, so close but no cigar.

[patlin]

You obviously didn't go read the entire article. Kent never meant that native = natural born.

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 was a native qualification & a birth qualification, he was referring to 2 different methods of qualification.

Here is what Kent has to say about the meaning of ‘native’

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.

[Drew68]

Hm?...No trolls yet, and none on the other Obama eligibility thread I check out a little while ago. Hm?

I wonder. Are the DOJ paid trolls busy working other sites and threads regarding the election in Mass?

I imagine they just got bored with shooting down the same birther conspiracies over and over again on thread after thread after thread while at the end of each day, Obama still resides comfortably in the White House, every eligibility case has been laughed out of court and the birthers are as far away from removing him from office as they've ever been.

[Red Steel]

You know, your post is troll bait. ;-)

[patlin]

Amazing how your replies are as empty as the suit sitting in the white house.

What’s the problem, too skeeeered to debate the facts?

[STE=Q]

PING!

STE=Q

[Drew68]

What’s the problem, too skeeeered to debate the facts?

Debate what facts? The fact that Obama is still in the White House? The fact that every eligibility case has been laughed out of court?

Or do you wish to debate whether or not Obama is a natural born citizen? Well, I've said my piece on this issue about a thousand times and my opinion is the one that, at the very least, is supported by current precedent. However, I'm not going to pretend to be a Constitutional scholar so you may want to take it up with the gentleman facing the camera.

He can be reached by mail at the following address:

Chief Justice John G. Roberts Jr.
Supreme Court of the United States
One First Street N.E.
Washington, DC 20543

[patlin]

How about the facts of the LAW, which is what I wrote about in the article.

Just because he's there now, doesn't mean we give up the fight for the Constitution & exposing the truth to protect our liberty and that of all future generations.

[patlin]

For the record, the Supreme Court no longer has jurisdiction until a case is heard and a possible need for appeal, so...

and since you are soooo smart I'm sure it was in error that you posted the wrong address. The correct one would be the one for the District Court in DC.

[TBP]

Ending birthright citizenship ends anchor babies.

[STE=Q]

George Washington is prescient as usual:

“If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by USURPATION; for though this,{USURPATION} in one instance, may be the instrument of good, it{USURPATION} is the customary weapon by which free governments are destroyed.” — George Washington

(Emphases Mine)

STE=Q

[patlin]

I have used this endlessly and my readers are probably getting bored with it but it speaks volumes as to the truth of what is happening today.

[patlin]

I went in and read the immigration laws and birth on soil does not automatically give them citizenship. They are suppose to trot their fannies off to the immigration office & file papers if they with to stay past the age of majority, but unfortunately as our national security officials turn a blind eye, so does immigration officials.

[Spaulding]

That is a reasonable interpretation of Kent's assumptions about the definition of natural born citizen. The semantics appear to have changed since Kent's time since a native born U.S. citizen is a 14th Amendment citizen, a non-naturalized one. But in Kent's time, when he was on the New York Supreme Court, Chief Justice Marshall wrote his concurring decision to The Venus “The natives or indigenes are those born in the country of parents who are citizens.” Vattel, through Marshall, has established the definition which, according to Waite and Bingham, was never doubted.

Obama did not, that I have read, claim to be a natural born citizen. He said he was “a native-born U.S. citizen”. This means he was born in the U.S. but not, as we all know, born to two citizen parents. That is why he doesn't use the term natural born citizen. He leaves that job to Nancy Pelosi and Janice Okubo, Nancy signing the one or two certifications of eligibility required by just Hawaii and Arizona (I might be mistaken about Arizona, and expect to be corrected; I did not see that form, but read that Arizona too required a form which specified Constitutional eligibility), where Okubo claimed that Hawaii had Obama’s birth records and stated that he was a natural born citizen, though has not, as required by Hawaii's Office of Information Practices, substantiated her public statement.

[Spaulding]

Wonderful quotation! The founders were very clear about their intentions and with their definitions.

[patlin]

Donofrio stated it quite clearly from the beginning of his case that at best, Obama was a native to the soil and only subject to local jurisdiction, not Federal.

And Kent's commentaries on immigration & definition of persons that fall under that, Obama would have been one.

[LucyT]

Part II: Did Common Law Really Grant Automatic US Citizenship Upon Birth Regardless Of Parentage?

[Thanks, STE=Q.]