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Natural Birthright Citizenship: Birthright of Blood According to English Common Law
ConstitutionallySpeaking ^ | April 6, 2011 | Linda Melin

Posted on 04/06/2011 2:48:35 PM PDT by patlin

My research has finally come full circle with an absolute and irrefutable conclusion and I want to thank all the patriots whom inspired me to research “out of the box”.

As I had already reported in my Congressional “Natural Born Citizen” series, in 1987 Michael Greve of the ‘Reason Magazine’ wrote that Prof. Lawrence Tribe is

[n]otorious for urging judges to go boldly where none have gone before…[T]ribe’s pretenses are a thin cover for their effort to mobilize the Constitution for left-liberal causes

As we already know, Lawrence Tribe was Obama’s law professor at Harvard whom Obama supposedly did extensive research for. What I conclude with, is research from the Harvard Law Review archives. Research that neither Tribe or Obama hoped would become public knowledge. For if this legal information cited by the US courts did become public; it would have immediately crushed Obama’s eligibilty for the presidency. And that is why, when it came to testimony for S.Res. 511, “A Bill Proclaiming John Sidney McCain III a natural born citizen“, Tribe was called in to give obfuscation to the exact meaning and intent of Article II qualifications for the presidency.

As I have said, the key to defining who the citizens are lies within the 14th Amendment phrase “subject to the jurisdiction thereof” and more specifically, what “jurisdiction” does it pertain to? Therein lie the question which must be answered.

(Excerpt) Read more at constitutionallyspeaking.wordpress.com ...


TOPICS: Education; Government; History; Politics
KEYWORDS: electionfraud; elections; naturalborncitizen
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To: patlin

I have a little nit to pick. You suddenly refer to the “WKA decision” with no prior reference. If you article is to reach a wider audience ( and hopefully gain traction) it might be useful to give a brief explanation of the Wong Kim Ark decision and the relevance to immigration law in general. Otherwise an enlightening and thought provoking article.


21 posted on 04/06/2011 7:57:23 PM PDT by Timocrat (Ingnorantia non excusat)
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To: patlin
The article misunderstands the issue in the quote:
When a person is a citizen by jus sanguinis, is he natural born or naturalized? The answer to this question will determine the applicability of certain expatriation provisions and the citizen’s qualification for the presidency. Some courts, relying on dicta in United States v. Wong Kim Ark equating natural born with native born, have indicated that those who claim citizenship solely by parentage are naturalized citizens. But this conclusion seems opposed to the common law concept -which may be assumed to be written into the constitutional requirements for the presidency -that jus sanguinis confers naturalborn citizenship.

After United States v. Wong Kim Ark, there was no question that the native-born are natural-born citizens. The issue is "equating natural born with native born". Equating the two would mean that *only* native-born citizens are natural-born citizens, and to that author of the quote objects.

22 posted on 04/06/2011 8:14:39 PM PDT by BladeBryan
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To: Timocrat

The references I have quoted speak clearly as to WKA refering merely to jus soli (birth on the soil) regardless of jus sanguinis (parentage). The purpose of the article is not to be an entire legal thesis, but to direct people to the legal experts who actually wrote extensively on the subject. So nit pick all you want. I can not keep rehashing every point in every article. My site is a vast sea of knowledge and earlier articles that delve further into WKA can be found with a quick site search using the term WKA or Wong.


23 posted on 04/06/2011 8:17:40 PM PDT by patlin (Reagan was a Democrat before he was a Republican)
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To: BladeBryan
After United States v. Wong Kim Ark, there was no question that the native-born are natural-born citizens

That is a misreading which I clearly show as misleading. You are not understanding the definition of "subject to the jurisdiction thereof" as it is written in the 14th. For that one needs to go to the 1868 Expatriation Act & the doctrine of exclusive allegiance. The jurisdiction that the 14th refers to is not territorial jurisdiction, it is political jurisdiction. Political allegiance not some local obedience to the laws. It follows you were ever you go, no matter what foreign land you find yourself on and is the reason the US State Dept has a warning on their website stating that those who have not fully renounced any foreign allegiance they have, are not protected under the 14th & the expatriation act and should they get into trouble in the country of their foreign allegiance, the US has no authority under the law of nations to protect them. The US State Dept very clearly says that dual nationality is not law, it is merely accepted as existing as some phenomenon. the phenomenon of ignoring the law. The US Government is ignoring the law of the land in that US citizens owe exclusive allegiance to the United States, all others are aliens & foreigners.

24 posted on 04/06/2011 8:34:36 PM PDT by patlin (Reagan was a Democrat before he was a Republican)
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To: patlin

A small group of people on free republic will change the world..patlin’s research is always perfection..a little note..

to the White House and Justice Department cronies..reading this thread..

IT’S OVER..your spurious born peregrine Obama is not a natural born Citizen.


25 posted on 04/06/2011 8:58:09 PM PDT by bushpilot1
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To: patlin

Linda, Did you review this decision? 916 N.E.2d 678

Steve ANKENY and Bill Kruse, Appellants-Plaintiffs,
v.
GOVERNOR OF the STATE OF INDIANA, Appellee-Respondent.

No. 49A02-0904-CV-353.

Court of Appeals of Indiana.

November 12, 2009.

It rejects the NBC argument providing numerous sources. Does seem that it ignored many of the cases you cited. Only case I’ve seen that got into NBC as most stop at the issue of no standing.


26 posted on 04/06/2011 9:14:23 PM PDT by TigerClaws
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To: TigerClaws
These court cases are going nowhere. The judges are relying the WKA “jus soli” ruling which is itself, unconstitutional. Gray relied entirely on English feudal law of perpetual allegiance in his opinion while the US government had argued what I have uncovered, exclusive allegiance to be a citizen, either at birth or naturalization.

The corruption runs deep & wide in the bowels of all branches of government, federal, state & local. We are finally getting enough conservative constitutionalists in office to start making a difference. Forget the courts, it is legislation that is going to fix this problem & unless we fix citizenship laws and get them back into the confines of the constitution, we will never publicly expose the true meaning Article II NBC

27 posted on 04/06/2011 9:22:12 PM PDT by patlin (Reagan was a Democrat before he was a Republican)
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To: patlin

Thanks for the response.

Again, quite a research effort and convincing article. The recent Wisconsin Supreme Court showed how the game is being played — can’t win with the politics, change the court system. “We’re still counting the ballots... until you tell us how far behind we are.”

Sad there’s zero intellectual integrity in this country. Really is devolving into a Banana Republic controlled by multi-national corporations and foreign interests.


28 posted on 04/06/2011 9:47:30 PM PDT by TigerClaws
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To: patlin
patlin wrote:
That is a misreading which I clearly show as misleading. You are not understanding the definition of "subject to the jurisdiction thereof" as it is written in the 14th. For that one needs to go to the 1868 Expatriation Act & the doctrine of exclusive allegiance. The jurisdiction that the 14th refers to is not territorial jurisdiction, it is political jurisdiction. Political allegiance not some local obedience to the laws.
The meaning of "subject to the jurisdiction thereof" was the issue in United States v. Wong Kim Ark, and you are taking the position that lost. You may think the decision erroneous, as two of the justices that heard the case did, but that changes nothing. U.S. v. Wong Kim Ark settled the issue over a century ago, and courts have cited it affirmatively ever since.
29 posted on 04/07/2011 2:00:33 AM PDT by BladeBryan
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To: SquarePants
Nice read... but I wonder if the GOP establishment will ever start caring about Obama’s eligibility.
The GOP establishment cannot claim that a foreign father makes Obama ineligible, because it would look like they're trying to change the rules late in the game. Senator Orrin Hatch (R-UT), is a highly-respected senior member of the GOP establishment, a solid conservative, a Juris Doctor, and a gentleman. His argument on the Article II eligibility clause before the Senate Judiciary Committee on 5 Oct 2004 included:

"What is a natural born citizen? Clearly, someone born within the United States or one of its territories is a natural born citizen."

The record shows no challenge to that claim. After Barack Obama gets elected some want to challenge the notion that any child born in America could grow up to President. That looks like cheating, rolling back the rules mid-game, because that's exactly what it is.

30 posted on 04/07/2011 3:13:10 AM PDT by BladeBryan
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To: BladeBryan

Be that as it may, it has yet to be established with any degree of certainty that Obama was actually born in the USA


31 posted on 04/07/2011 8:32:15 AM PDT by SquarePants
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To: BladeBryan
What part of WKA relying on feudal law of perpetual allegiance do you not understand?

If you think that we are subjects to the government & not the sovereigns the founders gave their blood for, then, well, you are still utterly informed as to your American history. Under feudal law, the sovereign was the king who governed and any who rose to it was through blood, not soil. On July 4, 1776, that sovereignty was taken away from the King and placed with the American citizen. The sovereign citizen became the one who would govern, the one who would pass the torch of governing through their blood offspring. This is the real common law, the right of blood, not some innate piece of soil. I have studied the history of English citizenship from its formation after the Norman Conquest, I have the English history books & I know what I speak of. That feudal law of birthright by soil is not natural law, it is law implemented by a power hungry King who was not happy with just being the commander in chief with the people of the society making all the major decisions. At England's founding, the kings job was pretty boring and I might add, a pretty low paying one at that. It was a title, period, nothing more.

FYI...Supreme Court decisions are just that...OPINIONS. If they were the law of the land forever, then the blacks would still be slaves because of the Dredd Scott decision. And further more, Gray wrote the decision in Elk v Wilkins, so what made him change that 14 years later? The fact that his appointment was tainted because the history of Chester Arthur was about to be busted wide open by Collins from California. Gray became corrupted & used his power on the bench to alter our course through fraud.

32 posted on 04/07/2011 10:06:56 AM PDT by patlin (Reagan was a Democrat before he was a Republican)
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To: patlin
patlin wrote:
What part of WKA relying on feudal law of perpetual allegiance do you not understand?
Were I to agree with you that the decision in WKA was erroneous, it would not matter because the Constitution gives appellate jurisdiction to the Supreme Court and not to you and me. If a candidate is eligible under the law as interpreted by the Article III judiciary, then he's eligible.

Many Democrats thought Bush v. Gore was wrongly decided, and perhaps they have reasonable arguments on that. Some Dems used the case to cast doubt on President G.W. Bush's legitimacy, and that was just nonsense. We got a ruling. Doesn't matter if anyone thought the ruling erroneous, nor even if everyone other than a majority of justices of our High Court thought it erroneous.

FYI...Supreme Court decisions are just that...OPINIONS.
To use that idiom, you want the word after "just that" to be one of the words before "just that".
If they were the law of the land forever, then the blacks would still be slaves because of the Dredd Scott decision.
Took our nation's bloodiest war and two or three amendments to our constitutional to reverse that one. Do we hate Obama that much? Wouldn't it be better just to elect someone else?

More to the point, Supreme Court decisions are law of the land unless and until they are overturned. U.S. v. Wong Kim Ark stands as controlling precedent to this day, and has for as long as any of us have walked this earth. Most importantly, it was law of the land on the fourth day of November 2008.

33 posted on 04/07/2011 2:39:06 PM PDT by BladeBryan
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To: BladeBryan
Gray in WKA dicta quotes:

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.
-Chief Justice Waite in Minor v. Happersett (1875)

He then moves on into his diatribe on English feudal law of perpetual allegiance. Perpetual allegiance is based on an innate piece of land, not by nature that the Kings use to keep the throne in the hands of only blood relation which IS the law of nature. Gray never went as far as to call WKA a natural born, he only went as far as to say that he is a citizen of the soil with the same rights AS the natural born citizen. There in lies your misunderstanding of the holding of the case.

Harvard Law: "England follows the same rule, both by virtue of the common law and under a declaratory statute of 1350 guaranteeing such application. As a result, it is generally concluded, despite occasional dissent,” that jus sanguinis was the common law doctrine."..."Some courts, relying on dicta in United States v. Wong Kim Ark equating natural born with native born, have indicated that those who claim citizenship solely by parentage are naturalized citizens. But this conclusion seems opposed to the common law concept -which may be assumed to be written into the constitutional requirements for the presidency -that jus sanguinis confers naturalborn citizenship."..."A native and a naturalized American may therefore go forth with equal security over every sea and through every land under Heaven…They are both of them American citizens, and their exclusive allegiance is due to the Government of the United States. One of them never did owe fealty elsewhere, and the other, at the time of his naturalization…threw off, renounced and abjured forever all allegiance to every foreign..."

Harvard wouldn't have printed those if they were not the law.

Finally, put the race card away. I could care less what color the president is, as long as he is a natural born US citizen of 2 citizen parents at his birth.

As the chairman of the judicial committee on the constitution said in hearings in 2000 prior to hearing testimony on changing Article II qualifications:

“The natural-born citizen qualification continues to provide to the political system of the United States a certain level of protection against the influence of foreign nations. In addition to this safeguard, the requirement also secures the ability of the President to make decisions involving domestic and foreign policy that are in the best interests of the United States without an inherent emotional or familial attachment to another nation.”

I do not want a president of any color that has immediate, from birth, emotional or familial ties to a foreign nation and it seems that a super majority of the country doesn't either. I am not calling for Obama’s removal, I know that is hopeless given the lack of constitutional integrity of our current elected officials. But I damn sure am not going to sit by & let the political establishments force another candidate upon us that has these emotional & familial ties on us ever again.

34 posted on 04/07/2011 3:09:20 PM PDT by patlin (Reagan was a Democrat before he was a Republican: "I didn't leave the Democrat Party, they left me")
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To: patlin
patlin wrote:
Gray in WKA dicta quotes: The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain [...]
Well, Gray did quote that, and a lot of the Court's opinion in United States v. Wong Kim Ark was dicta. Your problem is, first, that you had argued a position that had long since lost. You wanted to lecture on meaning of "subject to the jurisdiction thereof". That was the issue in U.S. v. Wong Kim Ark, and your position lost. Two justices dissented and essentially agreed with you that the Court's decision was erroneous; nevertheless the decision stands.

Second, you should check out what "dicta" means. It's the stuff that is *not* binding precedent. You don't know such basics so you've misunderstood your own sources.

Finally, put the race card away.
Hold on... Who was it went off on "Dredd [sic] Scott" and slavery... Oh look: it was *you* Linda. I did not mention race, and the only references to such things in my comments were where I quoted you. Can I expect you to check that out and issue the appropriate retraction and apology?
35 posted on 04/08/2011 1:22:40 AM PDT by BladeBryan
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To: BladeBryan
Took our nation's bloodiest war and two or three amendments to our constitutional to reverse that one. Do we hate Obama that much?

You brought the race card in, not I. I referred to a SCOTUS case wherein the majority of the court denied that blacks were persons. I used it as a reference to the FACT that SCOTUS opinions are NOT law, they are only precedence until & unless they are overturned. They are always subject to scrutiny & dismissal. Precedence is not law, it is opinion of the judges who happen to be on the bench at the time. They are as fleating as the members of the court.

36 posted on 04/08/2011 6:36:32 AM PDT by patlin (Reagan was a Democrat before he was a Republican: "I didn't leave the Democrat Party, they left me")
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To: patlin
patlin wrote:
Took our nation's bloodiest war and two or three amendments to our constitutional to reverse that one. Do we hate Obama that much?
You brought the race card in, not I.
You just quoted me not saying anything about race. But you did answer my question: No, you will not issue the appropriate retraction, you'll just go on lying about what I wrote.
37 posted on 04/08/2011 5:00:53 PM PDT by BladeBryan
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To: patlin

ping


38 posted on 04/15/2011 3:42:06 PM PDT by PBinTX
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To: patlin
Here's fuel for the fire.


Let's examine
I refer you to Birth Certificate Vs. Certification Of Live Birth.
But you STILL WON'T ACCEPT THE TRUTH that

Here is some more information and links


I have several witnesses, that have proven to me that Barack Hussein Obama II was born in Kenya.

First witness, Barack Hussein Obama II himself:
The above artice is also found at FreedomsPhoenix.com.
They have a great spoof Birth Certificate you just gotta' see.
Also view the video at Proof Obama Admits He Was Born In Kenya.


Second witnesses, his mother and father, indirectly through their divorce papers. I believe that "indeterminate person" probably SAW the Obama Dunham Divorce Documents BEFORE Page 11 disappeared and viewed the Kenyan Birth Cerfiticate,
thereby telling Ed Hale
The Obama Dunham Divorce Documents are viewable at this location.
There's a great assumption of the time lime at at link.

Third witness, is Barack Hussein Obama II's grandmother,Sarah Hussein Obama:
View the video Barack Obama - Born in Kenya II at Youtube.com.
Watch and LISTEN to the video BARACK OBAMA - BORN IN KENYA - The Documentary - STUNNING!
and prove it to yourself.
Also watch Affidavit and Tape-Proof Obama Born in Kenya.

The fourth witness, Tim Adams,
(It is now confirmed by Hawaii that Tim Adams did indeed work as a senior elections clerk in 2008)The Fifth witness, Michelle Obama.
The Sixth Witness, Kenyan Ambassador Peter Ogego:
The Seventh Witness, James Orengo (the Kenyan Parliament Minister of Lands):

The Eighth Witness, Lucas Daniel Smith,


Case CLOSED!!!



39 posted on 04/15/2011 3:45:23 PM PDT by Yosemitest (It's simple, fight or die.)
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