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Military Veterans Unify - placing Obama Eligibility on Front Burner
Mich. News ^ | October 4, 2010 | JB Williams

Posted on 10/03/2010 8:35:14 PM PDT by 2ndDivisionVet

When courts-martial presiding authority Col. Denise Lind issued a ruling that blocked Lt. Col. Terrence Lakin's constitutional right to provide a defense by denying him a right to discovery and evidence supporting his decision to refuse what he believed to be illegal orders, thousands of fellow military veterans unified in Lakin's defense.

The Veterans Council of the The United States Patriots Union, led by respected retired officers like Maj. Gen. Paul Vallely and Col. Harry Riley, and Sgt. Timothy Harrington issued White Paper #1 on September 3, 2010. It recommended a slightly different defense strategy for Lt. Col. Lakin that focused solely upon the historic term natural-born citizen as a constitutional requirement for the office of president. The report called upon the Lakin defense to drop the search for a birth certificate (native-born) and focus on the bloodline of the father (natural-born) issues already known.

When the Lakin defense team rebuffed calls from USPU Veterans to alter defense strategy, the Veterans Council issued White Paper #2 on September 10, 2010. It delved deeper into concerns over the anti-constitutional precedents being established in the Lakin case and reinforced calls upon the Lakin defense team to change strategies, offering to bring expert UCMJ and criminal counsel to the table on behalf of Lakin.

The second white paper also established the proper interpretation of the term natural-born citizen – “that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country."

 White Paper #2 connected Vattel's Law of Nations to the Constitution by way of its mention in Article 1, Section 8, Item 10 of the US Constitution, leaving Obama nowhere to run on the subject.

Still, the Lakin defense team stayed the course, despite growing pressure to drop the birth certificate search and provide Lakin with the correct defense. The USPU Veterans Council responded by issuing White Paper #3 on September 27, calling upon Republicans in congress busy campaigning on the Pledge to return America to honor, economic, and judicial sanity.

The document represents a change in tactics for the Veterans Council. It focuses on congressional candidates and media darlings spewing rhetoric about standing with our soldiers, calling upon these folks to take a real stand where it really counts, demanding the LTC Lakin get a complete and fair trial, including his right to discover and present mitigating evidence in his own defense.

Officers in the Veterans Council stayed the course on legal advice, which has been well vetted by constitutional lawyers, constitutional scholars, retired judges, and former JAG attorneys. They were forced, however, to alter tactics by the Lakin defense team, which was still refusing to shift defense strategy.

The Lakin defense team's decision to stay the course received another blow a day later. "We got absolutely slammed today," said Paul R. Jensen, lead counsel for the defense. "It's impossible for us to have a fair trial under these rulings."

This is exactly what the USPU Veterans Council had tried to advise the Lakin team against in three white papers. So long as the team stays the course in search of a “native-born” birth certificate, they have no defense and they have been told so twice now by presiding authority Col. Lind.

As the USPU White Papers were circulating to other law offices and defense teams, on September 30, Attorney Mario Apuzzo filed a Petition for Writ of Certiorari filed with the U.S. Supreme Court for Kerchner et al vs. Obama/Congress/Pelosi et al Lawsuit, which bases its arguments upon the facts established in the USPU White Papers.

The US Supreme Court is the proper venue for the filing as the only court with authority to rule and act on issues concerning a sitting president.

One way or another, the Veterans at the United States Patriots Union are determined to force a legal decision on the most vital question in America today – Does our Constitution stand in full force and effect or not!

Focused on the facts, unified in action, determined to make a real difference, the Veterans Council of The United States Patriots Union is proving that honorable Americans do have the power to alter the course of history. They do so by placing the issue of Barack Obama's ineligibility to serve as president and commander-in-chief front and center in the Lakin court-martial and the US Supreme Court all at the same time by way of three independently researched, written, vetted, and released white papers, all in less than a month.

The Veterans Council is now calling upon the signers of the Pledge to America, Tea Party congressional candidates, and TV talking heads to get behind Lakin in demanding he receive a full, fair trial. Further, the Veterans Council calls upon the members of the US Supreme Court to hear the facts established in the Apuzzo case immediately.

They also call upon fellow veterans and citizen patriots to join them at US Patriots Union to focus on the facts and unify in real and tangible strategies aimed at returning our runaway government to the American patriots.

The Founding Fathers gave us the right and the tools to defend freedom and liberty peacefully via our founding documents. Returning those documents to proper status as the supreme law of this land begins with upholding Article II of the US Constitution.

If Article II no longer stands, then no part of the Constitution stands today and that is unacceptable to the Veterans and members of the US Patriots Union. “If the final dismantling of our founding principles and values are unacceptable to you, JOIN US!” says Maj. Gen. Paul Vallely.

JOIN US NOW! Make a real difference!


TOPICS: Conspiracy; Government; Military/Veterans; Politics
KEYWORDS: army; bhocitizenshipissue; bhonaturalbornissue; birthcertificate; birthers; certifigate; kenyabelieveit; lakin; military; naturalborncitizen; obama; obamanoncitizenissue; scotus; terrylakin; usurper; veterans
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To: MissTickly

“There’s no dispute on the meaning of “35 years old.”

Excellent idea! He can’t decide on his Facebook and MySpace how old he is - 45,48,52.

http://www.wnd.com/?pageId=107163


61 posted on 10/04/2010 9:28:13 AM PDT by bgill (K Parliament- how could a young man born in Kenya who is not even a native American become the POTUS)
[ Post Reply | Private Reply | To 59 | View Replies]

To: bgill
America as a whole didn't have the guts to in the 1770s either. Only 15% cared enough to take up arms for either side...until the shooting started, and removed fence sitting as an option.

When the water and power go out, people will choose.

62 posted on 10/04/2010 9:38:53 AM PDT by MrEdd (Heck? Geewhiz Cripes, thats the place where people who don't believe in Gosh think they aint going.)
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To: bgill

You saw those photos of him coming out of the surf...those moobs could easily belong to a 34 year old usurper.=)

Only one way to be sure: free the long form.

http://i.dailymail.co.uk/i/pix/2008/12/23/article-1100584-02E0AB26000005DC-436_468x596.jpg


63 posted on 10/04/2010 10:21:36 AM PDT by MissTickly
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To: MissTickly
Ha, yeah. That was also when he couldn't decide what color shorts he was wearing. In some publications he was wearing black shorts and in others they were red. See, to get closer to the truth in shorts color and in parentage we have to get back to the original source.
64 posted on 10/04/2010 10:33:58 AM PDT by bgill (K Parliament- how could a young man born in Kenya who is not even a native American become the POTUS)
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To: MissTickly
Only one way to be sure: free the long form.

Only problem is that the short-form lists his DOB, so it's redundant.

65 posted on 10/04/2010 11:11:47 AM PDT by Kleon
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To: cycle of discernment; Viktor1959
“What if Obummer’s birth certificate shows that Frank Marshall was the father?”

Well in that case, Obama would be defrauding the American people with false information about his true identity, would’nt he? In fact wrote a whole book about it, yes?

------------------------------------------

He would be subject to tampering with gov't documents then. Remember, the (fake) short form plastered on HIS campaign web site listed Sr. as his birth father.

66 posted on 10/04/2010 11:13:53 AM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Kleon

No, that is a jpeg image of a COLB that the department of health refuses to verify.

I am talking about a direct release of his original vital records from Hawaii. One that they verify.

It can and is routinely done for insurance purposes and personal and property rights determination.

“Only problem is that the short-form lists his DOB, so it’s redundant.”

Do you think that insurance companies rely on an image from a website to verify facts of birth?


67 posted on 10/04/2010 11:17:08 AM PDT by MissTickly
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To: MissTickly

“Do you think that insurance companies rely on an image from a website to verify facts of birth?”

Err.... “facts of birth or death.”

And no they don’t, they go to the department of health for a certified copy.


68 posted on 10/04/2010 11:19:06 AM PDT by MissTickly
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To: Kleon

And here’s another intersting point, the DOH mno longer provided dates with their index data and they USED TO.

So Hawaii has gone out of it’s way to NOT verify his Date of Birth. Almost like they want someone to legitimately request verification for that reason.

You get to see the WHOLE record if you have been found to have tangible interest. Not just to inspect the date of birth, but the whole tamale. If you have tangible interest, you have the same interest that Obama has in his vital records.


69 posted on 10/04/2010 11:23:20 AM PDT by MissTickly
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To: 2ndDivisionVet; All
How can a USURPER command our armed forces?
How can a USURPER make appointments to the Supreme Court?
How can a USURPER sign any treaties with foreign governments?
How can a USURPER sign anything into law, let alone the health care monstrosity?

HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?

“When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom’s dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.
http://fightthesmears.com/articles/5/birthcertificate.html

Factcheck.org goes on to say this about Obama Sr., Jr. and the British Nationality Act of 1948:

In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC.
http://www.factcheck.org/askfactcheck/does_barack_obama_have_kenyan_citizenship.html

 

Even the modern day State Department rules discusses the problems associated with dual citizenship:

7 FAM 081: U.S. Policy on Dual Nationality:

(e)While recognizing the existence of dual nationality, the U.S. Government does not encourage it as a matter of policy because of the problems it may cause. Dual nationality may hamper efforts by the U.S. Government to provide diplomatic and consular protection to individuals overseas. When a U.S. citizen is in the other country of their dual nationality, that country has a predominant claim on the person.

...

the U.S. Supreme Court has stated that dual nationality is a "status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both." See Kawakita v. United States, 343 U.S. 717 (1952).

http://www.state.gov/documents/organization/86563.pdf

So, back to the question: "HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN?"
It can't. Of course not. Yet, right there, on his campaign web site F.T.S., it's stated that a foreign government "governed" Barry from birth and the reason it did, was that Barry inherited that foreign citizenship by way of his foreign national father (no matter where he was born), a fact backed up by Factcheck.org. Assuming, of course, that Sr. was his legal father at birth.
How, then, could he possibly be a "Natural Born Citizen" of the U.S.?
Barry Soetoro, the divided citizen at birth!

Barack Obama a/k/a Barry Soetoro * NOT Obama / Soetoro
* This assumes HI birth.
A citizen of 2 countries at birth.
http://www.jeffersonsrebels.blogspot.com

Furthermore:  Hawaii's Territorial Law, Chapter 57 - "VITAL STATISTICS, I", shown beginning pg 23 of 29, (the law in effect in 1961) allowed the parents (or grandparents or other relative) of baby's born anywhere in the world to be eligible to apply for a Hawaiian birth certificate. A mailed-in form (without mention of a hospital, doctor, or midwife) signed by one of his grandparents (who forged the parent signature(s)) would have been enough to set up a birth record and a birth certificate at the Dept of Health. The Dept of Health would (presumably) then have automatically sent the names of the parents, their address as given on the mailed-in form , the gender of the child, and the date of birth to the Honolulu Advertiser and Star-Bulletin. The address given for the parents in the newspaper announcements is actually, however, the August 1961 home address of Obama’s maternal grandparents Stanley and Madelyn Dunham [6085 Kalanianaole Highway], and not the 1961 home address of Barack Obama, Sr. [625 11th Ave].).

Bottom line: Even IF (big IF) he was born in HI, he inherited his father's foreign citizenship as well, making him a US citizen by US law and a subject to the crown of her majesty the Queen of England by inheritance, birthright and England's law. He could not be considered a Natural Born Citizen as known by and as intended by the framers.
 
================================================================================================================================
 
What follows, is a bit of information with regards to the Constitutional term "Natural Born Citizen" (specifically) and NOT about the entire makeup, functions, origins and influences that made/make up our form of government, a Constitutional Republic. Clearly, the framers relied upon many different sources to create our new form of government.

Who, or "what" constituted a natural born citizen was well known to the framers. Jay would not have made such a suggestion to the others (Washington & the rest of those in attendance at the Constitutional Convention) unless there was a clear understanding of what that term meant. The definition comes from a source that not only were the framers familiar with, but the founders (many who were both) as well. And yes, even though many could not speak French, most read French (except, notably, Washington who would defer to Jefferson when such interpretation was needed).
 
NBC in the Constitutional drafts:

June 18th, 1787 - Alexander Hamilton suggests that the requirement be added, as: "No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States." Works of Alexander Hamilton (page 407).

July 25, 1787 (~5 weeks later) - John Jay writes a letter to General Washington (president of the Constitutional Convention): "Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen." [the word born is underlined in Jay's letter which signifies the importance of allegiance from birth.] http://rs6.loc.gov/cgi-bin/query/r?ammem/hlaw:@field%28DOCID+@lit%28fr00379%29%29:

September 2nd, 1787 George Washington pens a letter to John Jay. The last line reads: "I thank you for the hints contained in your letter"
http://www.consource.org/index.asp?bid=582&fid=600&documentid=71483

September 4th, 1787 (~6 weeks after Jay's letter and just 2 days after Washington wrote back to Jay) - The "Natural Born Citizen" requirement is now found in their drafts. Madison's notes of the Convention
The proposal passed unanimously without debate.

 

Original French version of Vattel's Law of Nations:

Emer de Vattel, Le droit des gens, ou Principes de la loi naturelle, vol. 1 (of 2) [1758]

From Chapter XIX, 212 (page 248 of 592):
Title in French: "Des citoyens et naturels"
To English: "Citizens and natural"

French text (about citizens): "Les citoyens sont les membres de la societe civile : lies a cette societe par certains devoirs et soumis a son autorite, ils participent avec egalite a ses avantages."
-------------------
To English: "The citizens are the members of the civil society: linked to this society by certain duties and subject to its authority, they participate with equality has its advantages."
----------------------------------------------------------------------------------------
French text (about "natural" born citizens): "Les naturels, ou indigenes, sont ceux qui sont nes dans le pays, de parens citoyens"
-------------------
To English, gives this: "the natural, or indigenous, are those born in the country, parents who are citizens"

A detailed, historical, etymology of the term "Natural Born Citizen" can be found here: http://www.greschak.com/essays/natborn/index.htm

Prior to the Constitution

--- NEWLY ADDED ---
Doctor Benjamin Franklin writes to M. Dumas, Philadelphia, December 19, 1775 (An example of just how important Vattel's "Law of Nations was to the founders)

I am much obliged by the kind present you have made us of your edition of Vattel, It came to us in good season, when the circumstances of a rising State make it necessary frequently to consult the law of nations. Accordingly, that copy which I kept (after depositing one in our own publick library here, and sending the other to the College of Massachusetts-Bay, as you directed) has been continually in the hands of the members of our Congress now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author.
--- END NEWLY ADDED ---

"This 1758 work by Swiss legal philosopher Emmerich de Vattel is of special importance to scholars of constitutional history and law, for it was read by many of the Founders of the United States of America, and informed their understanding of the principles of law which became established in the Constitution of 1787. Chitty's notes and the appended commentaries by Edward D. Ingraham, used in lectures at William and Mary College, provide a valuable perspective on Vattel's exposition from the viewpoint of American jurists who had adapted those principles to the American legal experience."

Vattel's Law of Nations, built upon "natural law - which has it's roots in ancient Greece, was influenced by Leibniz.
Even Blackstone affirmed the basis of natural law:
"This law of nature, being co-eval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid derive all their force, and all their authority, mediately or immediately, from this original” (1979, 41). In this passage, Blackstone articulates the two claims that constitute the theoretical core of conceptual naturalism: 1) there can be no legally valid standards that conflict with the natural law; and 2) all valid laws derive what force and authority they have from the natural law."

Thomas Jefferson (for one example) had the 1758 version as well as a 1775 version in his own library:
Thomas Jefferson's Library: A Catalog with the Entries in His Own Order (under a section he titled "Ethics. Law of Nature and Nations."

--- NEWLY ADDED ---
John Jay, President of the Continental Congress from 1778 to 1779 and, from 1789 to 1795, the first Chief Justice of the United States, leading opponent of slavery and the founder who wrote to George Washington regarding the suggestion that the POTUS be a NBC , had Vattel in his home library:
"One division [Of the library in Jay's "Bedford House"] contains the favorite authors of the Chief Justice, weighty folios of Grotius, Puffendorf, Vattel and other masters of the science of international law, standard theological and miscellaneous works and the classic authors of antiquity. Pg. 108. "
--- END NEWLY ADDED ---

In AUTOBIOGRAPHY by Thomas Jefferson, he states: "On the 1st of June 1779. I was appointed Governor of the Commonwealth and retired from the legislature. Being elected also one of the Visitors of Wm. & Mary college, a self-electing body, I effected, during my residence in Williamsburg that year, a change in the organization of that institution by abolishing the Grammar school, and the two professorships of Divinity & Oriental languages, and substituting a professorship of Law & Police, one of Anatomy Medicine and Chemistry, and one of Modern languages; and the charter confining us to six professorships, we added the law of Nature & Nations..." This was 8 years prior the the writing of the Constitution! [See the "Law of Nature & Nations" section of his personal library to get an idea of what he included in this curriculum in America's 1st law school].
Note: Vattel, is one of only 10 "footnotes" in Jefferson's Biography, from Yale.

Prior to Jay's famous letter to those in attendance at the Constitutional Convention, we see (one of many exchanges between the founders) a letter from Madison ("father" of the Constitution) to Jay:

"James Madison, as a member of the Continental Congress in 1780, drafted the instructions sent to John Jay, for negotiating a treaty with Spain, which quotes at length from The Law of Nations. Jay complained that this letter, which was probably read by the Spanish government, was not in code, and "Vattel's Law of Nations, which I found quoted in a letter from Congress, is prohibited here.[29]"
From: Life, Liberty, and The Pursuit of Happiness. How the Natural Law concept of G.W. Leibniz Inspired America's Founding Fathers.

The concepts of "natural law" and the phrase "Laws of Nature" (of which Law of Nations is built upon) are found within the Declaration of Independence itself:

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed
Those (& others) are clearly NOT derived from English law, but rather from natural law concepts (which can be found in Vattel's Law of Nations).

The Constitution

The concepts of "natural law" continued in the Constitution:

We the People of the United States, in Order to form a more perfect Union

...

Article 1. section 8, clause 10:

"To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations"

Again, those phrases are not from England's common law, but rather from natural law and even mention Vattel's book by name, "Law of Nations."

--- NEWLY ADDED ---
James Madison wrote to George Washington, N. York Octr. 18. 1787:
"Since the Revolution every State has made great inroads & with great propriety in many instances on this monarchical code.[Edit: Englands "Common Law"] The "revisal of the laws" by a Committe of wch. Col. Mason was a member, though not an acting one, abounds with such innovations. The abolition of the right of primogeniture, which I am sure Col. Mason does not disapprove, falls under this head.. What could the Convention have done? If they had in general terms declared the Common law to be in force, they would have broken in upon the legal Code of every State in the most material points: they wd. have done more, they would have brought over from G.B. a thousand heterogeneous & anti-republican doctrines, and even the ecclesiastical Hierarchy itself, for that is a part of the Common law."

George Mason, In Convention, Richmond (Debates in the Several State Conventions on the Adoption of the Federal Constitution), Wednesday, June 18, 1788:
"We have it in our power to secure our liberties and happiness on the most unshaken, firm, and permanent basis. We can establish what government we please. But by that paper we are consolidating the United States into one great government, and trusting to constructive security. You will find no such thing in the English government. The common law of England is not the common law of these states."

Why natural law, Vattel vs English common law, Blackstone: "The English common law provided that an alien naturalized is “to all intents and purposes a natural born subject.” Co. Litt. 129 (quoted and cited in Rhodes, 27 F.Cass. at 790). With such recognition, a naturalized citizen would have been eligible to be President of the new Republic."
http://puzo1.blogspot.com/2009/08/law-of-nations-and-not-english-common.html
--- END NEWLY ADDED ---

After the Constitution is ratified

--- NEWLY ADDED ---
On April 30, 1789, George Washington took the oath of office as President of the United States from the balcony of Federal Hall in New York City. The President and Congress shared space in Federal Hall with the New York Society Library.
On October 5, 1789, President George Washington checked out two books from the New York Society Library, one of which was Emmerich de Vattel’s "Law of Nations."
--- END NEWLY ADDED ---

Founder and Historian David Ramsay Defines a Natural Born Citizen in 1789.
David Ramsay (April 2, 1749 to May 8, 1815) was an American physician, patriot, and historian from South Carolina and a delegate from that state to the Continental Congress in 1782-1783 and 1785-1786. He was the Acting President of the United States in Congress Assembled. He was one of the American Revolution’s first major historians. A contemporary of Washington, Ramsay writes with the knowledge and insights one acquires only by being personally involved in the events of the Founding period.

Ramsay reaffirms the definition a Natural Born Citizen (born in country, to citizen parents (plural)) in 1789 A Dissertation on the Manners of Acquiring the Character and Privileges of a Citizen (1789)

The Naturalization Act of 1790, which states (in relevant part) "that the children of citizens [plural] of the United States that might be born beyond the sea, or out of the limits of the United States, should be considered as natural-born citizens"

Of course, the Act of 1790 was repealed by the Act of 1795 (which did NOT attempt to define or extend the definition for NBC). What the 1st Congress had tried to do in 1790 was to EXTEND the known definition (of born in country to citizen parentS) to those born outside of sovereign territory, to citizen parentS. Of course, they can't do that. Congress (by itself) doesn't have the Constitutional authority to define (or EXTEND) the Constitutional term "Natural Born Citizen." Only a SCOTUS decision on the intent of the framers, or an amendment to the Constitution can do that.

The same definition was referenced in the dicta of many early SCOTUS cases as well...some examples:

"THE VENUS, 12 U.S. (8 Cranch) 253, 289 (1814) (A case on citizenship and domicile. Marshall, C.J. concurring) (cites Vattel six (6) times by name, and "law of nations" ten (10) times.)
"Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says
"The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.""

SHANKS V. DUPONT, 28 U.S. 242, 245 (1830) (same definition without citing Vattel)
MINOR V. HAPPERSETT, 88 U.S.162,167-168 ( 1875) (same definition without citing Vattel)
EX PARTE REYNOLDS, 1879, 5 Dill., 394, 402 (same definition and cites Vattel)
UNITED STATES V WARD, 42 F.320 (C.C.S.D. Cal. 1890) (same definition and cites Vattel.)"
http://www.scribd.com/doc/17519578/Kerchner-v-Obama-Congress-DOC-34-Plaintiffs-Brief-Opposing-Defendants-Motion-to-Dismiss

The New Englander, Volume 3 (1845) states: "The expression ‘citizen of the United States occurs in the clauses prescribing qualifications for Representatives, for Senators, and for President. In the latter, the term ‘natural born citizen’ is used and excludes all persons owing allegiance by birth to foreign states."
Note: the "New Englander" was NOT a student law review. The first student law review appeared 30 years later, in 1875/76 at the Albany Law School..

--- NEWLY ADDED ---
John Adams, the 2nd President and one of the country's preeiminante founders and part of the small committe appointed to draft the Declaration of Independence, stated in a Special Message (to the Senate) on January 21, 1801 spoke of the authority of the law of nations, and in particular, Vattel.

President Zachary Taylor states in his Annual Message December 4, 1849 that the act of Congress of the 20th of April, 1818 ("An Act to provide for the publication of the laws of the United States, and for other purposes" [a PDF]) owes its existence to the law of nations and to the policy of Washington himself.

President James Buchanan spoke of preventing or punishing offenses against the law of nations, and that that was a subject which engaged the attention of our most eminent statesmen in the time of the Administration of General Washington, in his Message to the Senate on the Arrest of William Walker in Nicaragua January 7, 1858

President Abraham Lincoln wrote about the power and duty given to him, by the law of nations, to exclude from the enemies of the human race (i.e. slave traders) a safe harbor in the U.S. in his Fourth Annual Message December 6, 1864

President Ulysses S. Grant stated, in his Special Message on July 14, 1870, that "The municipal laws enacted by Congress then and since have been but declarations of the law of nations. They are essential to the preservation of our national dignity and honor; they have for their object to repress and punish all enterprises of private war, one of the last relics of mediaeval barbarism; and they have descended to us from the fathers of the Republic, supported and enforced by every succeeding President of the United States."

President Grover Cleveland on the law of nations applying to relations between individual citizens (& not just between nations), in his Special Message (To the Senate and House of Representatives )December 18, 1893.

President William McKinley (in letters to two a different departments), on the military right derived from the law of nations, in Executive Order on May 19, 1898 to the Secretary of the Treasury and the Secretary of the Navy.
--- END NEWLY ADDED ---

Vattel's definition for "natural born citizen" was read into the Congressional Record after the Civil War.

John Bingham, "father" of the 14th Amendment, the abolitionist congressman from Ohio who prosecuted Lincoln's assassins, REAFFIRMED the definition known to the framers by saying this:

commenting on Section 1992 said it means “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” (Cong. Globe, 39th, 1st Sess., 1291 (1866))"

SCOTUS, in an 1887 case cites Vattel a number of times and reitterates that his work was translated into English in 1760:
"Vattel in his Law of Nations, which was first printed at Neuchatel in 1758, and was translated into English and published in England in 1760" U S v. ARJONA, 120 U.S. 479 (1887)

It's interesting to note that (non binding) Senate Resolution 511, which attempted to proclaim that Sen. John McCain was a "Natural Born Citizen" because he was born to citizen parentS, even they referenced the (repealed) Naturalization Act of 1790: "Whereas such limitations would be inconsistent with the purpose and intent of the `natural born Citizen' clause of the Constitution of the United States, as evidenced by the First Congress's own statute defining the term `natural born Citizen'".
Obama, himself, was a signatory of that resolution knowing full well (no doubt) the requirement has always been about 2 citizen parents.

The point is that up until relatively recently, the SCOTUS, the Congress, Presidents and the country were well aquinted with the law of nations and Vattel's edition in particular. It is also that, with the exception of the repealed Act of 1790 which tried to EXTEND the definition, the meaning of the term "Natural Born Citizen" (of the U.S.) has ALWAYS been about being born within the sovereign territory or jurisdiction of the U.S. to 2 citizen parents (& therefore parents who do NOT owe allegiance to another, foreign, country and who often then pass that foreign citizenship & alligience owed on to their child - by birthright).

70 posted on 10/04/2010 11:25:52 AM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: MissTickly
No, that is a jpeg image of a COLB that the department of health refuses to verify.

That's just not true. They have validated the document:

When the birth certificate arrived from the Obama campaign it confirmed his name as the other documents already showed it. Still, we took an extra step: We e-mailed it to the Hawaii Department of Health, which maintains such records, to ask if it was real. "It's a valid Hawaii state birth certificate," spokesman Janice Okubo told us.

http://www.politifact.com/truth-o-meter/article/2008/jun/27/obamas-birth-certificate-part-ii/

Later, they even confirmed they have the original, verifying he is a natural born citizen.

71 posted on 10/04/2010 11:26:26 AM PDT by Kleon
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To: Kleon

Holy crap. I am dealing with an obot troll.

*waves you away*

I sent it to Hawaii myself, they refused to verify it. Period.

Go away troll.


72 posted on 10/04/2010 11:31:31 AM PDT by MissTickly
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To: MissTickly
I sent it to Hawaii myself, they refused to verify it. Period.

They probably just ignored your request, and I don't blame them. The matter has been settled for some time now.

73 posted on 10/04/2010 12:11:32 PM PDT by Kleon
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To: MissTickly

You may well be right.

Who knows. I just pray that at some point something breaks and we get real verification one way or another.


74 posted on 10/04/2010 12:30:56 PM PDT by Danae (Analnathrach, orth' bhais's bethad, do che'l de'nmha.)
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To: Kleon

No, they responded all right. They said the law did not allow them to verify the online COLB. They cited HRS 338-18.

So kiss my *ss, obot troll. Kiss it.

*waves your stench away*


75 posted on 10/04/2010 12:38:22 PM PDT by MissTickly
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To: 2ndDivisionVet

As I said months ago, Lakin was set up from the start to be made an example of, and his own lawyers were probably plants. Looks like Jensen blew his cover, but the damage may already have been done.


76 posted on 10/04/2010 4:00:48 PM PDT by 83Vet4Life
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To: Red Steel
Lawyer Jenson has appealed the silly Lind ruling to be overruled, and has asked the higher court to put a hold to all court proceeding until they decide the Writ of Mandamus.

And if the silly Lind decision is upheld? Then what?

77 posted on 10/04/2010 4:03:43 PM PDT by Non-Sequitur (Hey mo-joe! Here's another one for your collection.)
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To: El Gato
Thanks El Gato. That is the other valuable point made by WKA, that there is a distinction between a child of an alien, a naturalized citizen, and a natural born citizen.

I did not understand these subtleties before the 2008 election, and, from asking many lawyer friends, learned that most lawyers don't either. Attorneys aren't often called upon to question the eligibility of presidents. But the more I learn of the reasoning behind Article II Section 1 the more wise the requirement seems.

A point made by someone named Michael on Mario Apuzzo's site caught my attention, not because it hadn't been true before, a corollary of Dr Ramsay's “Dissertation”, but because it highlights the kernel of the idea. Michael pointed out that natural born subjects of the crown are not eligible to become king or queen. They only inherit their eligibility - a jus sanguinis-based legitimacy. Natural born citizens inherit allegiance to a set of ideas, the principles described in our constitution, from their parents, who either chose to become, or were born citizens of the U.S. The revolutionary idea was a nation based upon allegiance to ideas to protect individual freedoms rather than allegiance to a monarch who needed no accomplishments, leadership qualities, or ideas to qualify him to make life and death decisions for his subjects. They are subject to the crown rather than free to pursue life, liberty, and happiness. Citizens and subjects have very little in common.

78 posted on 10/04/2010 5:29:27 PM PDT by Spaulding
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To: MissTickly
Holy crap. I am dealing with an obot troll.

Kleon is epitome of an after-Birther troll.

79 posted on 10/04/2010 6:46:43 PM PDT by Red Steel
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To: Non-Sequitur
And if the silly Lind decision is upheld? Then what?

Oh, 2 more higher courts of appeals are still available. I see that you pulled yourself away from your basement where you fight the Confederacy.

80 posted on 10/04/2010 6:51:22 PM PDT by Red Steel
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