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To: ClearCase_guy

The constitution gives an explicit definition for only one provision, that of treason. Terms such as “well regulated militia,”, “interstate commerce”, and “freedom of speech” are best understood in light of the times that the framers construed them. Many of those terms that the founders adopted were explained in the 1758 treatise on international law that was probably the most pre-eminent and frequently referenced study on those subjects at the time.

The Natural Born Citizen eligibility clause has never been directly adjudicated by SCOTUS. But it has been obliquely addressed in other cases.

In 1814, the SCOTUS heard a case known as the Venus Merchantman case. Among other issues, it concerned itself with the impressment of US merchant sailors by the British Royal Navy into their service on the high seas. That SCOTUS, ALL of whom being members of the founding generation defined what a NATURAL BORN CITIZEN was by quoting the entire 212th paragraph of Emmerich De Vatel’s Law of Nations, which was considered to be THE treatise on international law and was referred to regularly by statesmen at the time. That definition, which was incorporated into the majority opinion authored by Justice Livingston follows:

Quote of section 212, Chapter 19, Book 1, Law of Nations, by Vattel, written in 1758:

Ҥ 212 - Citizens and Natives. 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 natural-born citizens, are those born in the country, of parents
who are citizens. As the society cannot exist and perpetuate itself otherwise than by the
children of the citizens, those children naturally follow the condition of their fathers, and
succeed to all their rights. The society is supposed to desire this, in consequence of what
it owes to its own preservation; and it is presumed, as matter of course, that each citizen,
on entering into society, reserves to his children the right of becoming members of it. The
country of the fathers is therefore that of the children; and these become true citizens
merely by their tacit consent. We shall soon see whether, on their coming to the years of
discretion, they may renounce their right, and what they owe to the society in which they
were born. I say, 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. “

Note that the above reference was made in 1814, 54 years before the adoption of the 14th amendment, which makes no reference to, nor does it modify Article II, Section 1, clause 5 of the constitution, no matter what the original intent might have been. The framers of the constitution were patriarchs, who believed that the citizenship status of the children followed that of the father. It is clear that they were concerned with undue foreign influence upon the office of the presidency, PARTICULARLY from a father owing allegiance to a foreign sovereignty.

To believe that the framers would have accepted that a person born a British subject, (as Obama himself admitted to being owing to his FATHER) when they had to exempt themselves with the grandfather exemption in clause 5 of Section 2 in order to be POTUS eligible, beggars belief and logic. Subsequent rulings of the SCOTUS in Minor vs Happersett, and Wong Kim Ark vs US serve only bolster this conclusion.

I believe that the court is reluctant to examine this issue, given the ghastly implications for the actuality of an illegitimate POTUS having made executive decisions for 2 terms, and the reality of an ineligible VP casting votes as the President of the Senate. How would all of their actions be unraveled? It would be a God awful mess of the worst sort...


73 posted on 12/31/2023 6:43:58 PM PST by DMZFrank
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To: DMZFrank
Here is more food for thought.

In 2011 it was discovered that somebody tampered with Justia.com, the preeminent website for searching Supreme Court cases, precedents, links to cited cases, etc.

In the summer of 2008, all references to "natural born citizen" in Supreme Court cases were scrubbed from Justia.com. A few years after the election, the references were restored. It's almost as if some people conspired to make it difficult to research prior SCOTUS mentions of "natural born citizen" leading up to the Obama election.

See the following Free Republic articles on this finding. Note that it got no mention in the LAAP-dog media.

7/1/2011 - JUSTIA.COM CAUGHT RED HANDED HIDING REFERENCES TO MINOR v. HAPPERSETT IN PUBLISHED SCOTUS OPINIONS

10/20/2011 - JUSTIA.COM SURGICALLY REMOVED “MINOR v HAPPERSETT” FROM 25 SUPREME COURT OPINIONS

10/20/2011 - JustiaGate

10/23/2011 - Eligibility rulings vanish from Net (Minor v Happersett, FReeper Danae quoted)

10/27/2011 - Look Who Cited To Justia For Supreme Court Holding.

10/29/2011 - Conspiracies, Lies, and Justiagate

10/31/2011 - JustiaGate: The Cover-Up Continues

10/21/2011 - JustiaGate:CEO Tim Stanley Admits Publishing “Mangled” Supreme CourtOpinions–..OyezConnection–SCOTUS

12/8/2011 - JustiaGate: Tim Stanley Adds Disclaimer Regarding The Accuracy Of SCOTUS Cases Published By Justia.

12/14/2011 - JustiaGate: 'Natural Born' Supreme Court Citations Disappear

-PJ

78 posted on 01/01/2024 12:13:14 PM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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