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To: K-oneTexas

The Supreme Court has equated the terms “native born” and “natural born.” Here are two such examples:
Schneider v. Rusk, 377 U.S. 163 (1964) found that
“We start from the premise that the rights of citizenship of the native born and of the naturalized person are of the same dignity, and are coextensive. The only difference drawn by the Constitution is that only the “natural born” citizen is eligible to be President. Art. II, § 1. [A naturalized citizen] becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the constitution, on the footing of a native. The constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the national Legislature is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it so far as respects the individual.”

And the Supreme Court ruled that a “Native born” citizen who can return to the US and run for President:

“Young Steinkauler is a native-born American citizen. There is no law of the United States under which his father or any other person can deprive him of his birthright. He can return to America at the age of twenty-one, and in due time, if the people elect, he can become President of the United States;”—Perkins v. Elg, 307 US 325 – Supreme Court 1939


12 posted on 04/29/2010 1:12:10 PM PDT by jamese777
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To: jamese777
Article II Section I Clause V states:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Obama was born on August 4th 1961 and Hawaii became a state on August 21st 1959. Therefore anyone born in Hawaii after August 21st 1959 is a natural born citizen. That is what the President is claiming. Noting to do with native born.
I don't remember anyone arguing "native born" in the Presidents case. Obama is definitely not claiming 'naturalized'. So I guess I am missing the point of your two cites on the question before us.


15 posted on 04/29/2010 1:27:56 PM PDT by K-oneTexas (I'm not a judge and there ain't enough of me to be a jury. (Zell Miller, A National Party No More))
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To: jamese777; K-oneTexas; Red Steel; El Gato; LucyT; BP2; STARWISE; pissant; Fred Nerks; ...
"Schneider v. Rusk, 377 U.S. 163 (1964) ...We start from the premise that the rights of citizenship of the native born and of the naturalized person are of the same dignity, and are coextensive. The only difference drawn by the Constitution is that only the “natural born” citizen is eligible to be President. Art. II, § 1."

Again, James...read your own quote from that case:

The only difference drawn by the Constitution is that only the “natural born” citizen is eligible to be President.

The court CLEARLY states there is a difference in that only the "natural born citizen" is eligible to be President. yes, both are "citizens" but the "native" born citizen is NOT eligible because only the "natural born" citizen is.

"“Young Steinkauler is a native-born American citizen. There is no law of the United States under which his father or any other person can deprive him of his birthright. He can return to America at the age of twenty-one, and in due time, if the people elect, he can become President of the United States;”—Perkins v. Elg, 307 US 325 – Supreme Court 1939"

The court found that Ms. Elg was found to be a "natural born citizen" because she was born in the mainland USA (New York) of TWO US citizen parents. And the "Young Steinkauler" that they mention in Elg's case was ALSO a Natural Born Citizen as his parents were citizens at the time of his birth in St. Louis in 1855 (1 year after his father from Germany became a naturalized US citizen).

You see....A "Natural Born Citizen" is a "citizen" as well as a "native" born citizen. Obviously.

But, a "native" born citizen (while a citizen, yes) is not necessarily a Natural Born citizen. The perfect example in these modern times are so called anchor babies. They are "native" born citizens by being born here, but they are not Natural Born citizens as they don't have 2 parents who were US citizens at the time of their birth.

28 posted on 04/29/2010 3:18:41 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: jamese777; rxsid; All

jamese777,

Here's my rebuttal to your Post 12, broken down by Subpoint:

1) Stop being a douchebag.

2) The Hughes SCOTUS Court was NOT talking about the Constitutional definition of “natural-born Citizen” as it pertains to the President and CinC. NO OTHER OFFICE IN THE LAND as specified in the Constitution or elsewhere has the UNIQUE “natural-born Citizen” requirement in Art II, § 1, Clause 5. Deconstruction of the Constitutional definition of “natural-born Citizen” was NOT the charge of the Hughes Court in Perkins v. Elg (1939), and you know it.

3) The Hughes Court gave us all kinds of crappy rulings, INCLUDING the poorly-written US v. Heller (1939) opinion ... which gave us nearly 70 years of bad Local, State and Federal laws relating to "to keep and bear arms", until it was overturned by the DC v. Heller opinion (2008).

4) As Minor v. Happersett (1874) CLEARLY instructs: "The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that."
This Court STANDARD of deducing ANY Constitutional-meaning and definition refers to the texts used by the Framers at the time in 1787. In this case, it would refer to Vattel's Law of Nations, Blackstone's Commentaries and perhaps Locke ... NEITHER a 1869 Naturalization Treaty with Sweden, NOR a smattering of various 20th Century Immigration Laws.


If you're lost on any of these four major arguments, just refer back to Subpoint 1 as it addresses the impetus of your confusion and motivation on this issue.


34 posted on 04/29/2010 4:28:15 PM PDT by BP2 (I think, therefore I'm a conservative)
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