The Simmering nbC [natural born Citizen] Issue | by Joseph DeMaio

The Post Email Newspaper ^ | 12 Sep 2025 | Joseph DeMaio

[CDR Kerchner]

(Sep. 12, 2025) — Introduction

As the “birthright citizenship” issue strolls its way through the lower federal courts, its related “kissing cousin” issue – the “natural born Citizen” (“nbC”) presidential eligibility restriction – remains on a back burner, simmering in a pot of widespread electorate, academic and media indifference. Happily, one of the few Internet sites where these issues are not treated so casually is the one you are now visiting: The Post & Email.

To that point, two recent federal appellate court decisions may play a significant role in again bringing the nbC issue to a front, instead of a back burner, and nationwide and not just at The P&E. That said, faithful readers, remember: you heard it here first.

. .

The cases, while tangentially related, are addressed separately and analyzed below. Spoiler alert: your humble servant believes the unanimous Moncada opinion is the far better reasoned and thus correct decision while the result-driven Hadwan split (3-2) decision is poorly reasoned and, apart from the dissent, should be reversed and vacated.

Legal Analysis and Discussion

The Moncada Opinion

... continue reading at: https://www.thepostemail.com/2025/09/12/the-simmering-nbc-issue/

[CDR Kerchner]

A must read article regarding 14th Amendment "birthright Citizenship" and Article II presidential eligibility clause "natural born Citizen" from a constitutional scholar.

[philman_36]

Vattel “212”, like Minor v. Happersett (which can’t be hidden away from view now), is a weighty millstone about the neck for some.