Posted on 10/07/2010 5:37:14 AM PDT by maggief
EXCERPT
He added, These are times of great change and stress, so you see some of those things come out, but it is no doubt promoted by our friends at Fox and others, and thats part of the politics we have to deal with.
(Excerpt) Read more at politico.com ...
"...The following candidates for President and Vice President of the United States are legally qualified to serve under the provisions of the United States Constitution...."
The conclusion.
Hawaii did not certify Barack Obama as an eligible candidate to serve under the US Constitution, however, Hawaii did certify Gore and Kerry as legally eligible to serve under the US Constitution.
Mmmmm.......maybe not, although I find it hard to believe. But that's why he has a campaign staff---to keep up with the opponent's activities that he needs to respond to.
I’d suspected for some time that McRAT was pimping for Hussein but knew it for a fact when he said we shouldn’t be scared of him.
Yup-—all that was left was for McC to endorse BO for president. Watta loser.
...fairly and squarely... LOL!! Gullibile Nully...!! Sucker!!!
McCain’s enough of a lunatic, that he
probably feels he’s a patriot because
he martyred himself with his stupid
campaign moves .. all to help pave the
way for “the first black American president.”
He’s a first class traitor to the USA,
since his military service!
May there be a special ‘aisle’ in hell
for him to cross .. make it feel familiar.
NOBODY is that bad.....it was INTENTIONAL
Ping to posts 60 and 81.
:-)
Thank you - I always appreciate pings because I just don’t have enough time to read all I want on FR~!~
"...The following candidates for President and Vice President of the United States are legally qualified to serve under the provisions of the United States Constitution...."
The phrase:
"legally qualified to serve under the provisions of the"
is still there. It was not left out. The line:
"United States Constitution and are the duly chosen candidates of both the state and the"
is missing.
So, this is indeed not a proper certification since it doesn't mention the Constitution. The question is:
Was leaving out this line intentional, OR
Was it done accidentally when someone was trying to copy the former certification line by line, OR
Was it done on purpose but made to look like it might have been done accidentally?
The fact that this is the absolutely worst line to have been accidentally left out is certainly good evidence for the third option above.
LOL! Touché!
Complete the clause.
"legally qualified to serve under the provisions of the national Democratic Parties balloting at the Presidential Preference Poll and Caucus".
Which doesn't mean squat - to serve under the "national Democratic Parties." The Dems could have nominating Idi Amin or Moammar Kadafi as their party candidates doesn't mean they would be lawfully qualified to serve under the US Constitution.
Was leaving out this line intentional, OR
Highly likely this choice.
The fact that this is the absolutely worst line to have been accidentally left out is certainly good evidence for the third option above.
Obama always has something wrong with his personal documentation or in his statements either by omission, obfuscation, non-disclosure, or falsification.
Hint: I was funnin' wit' ya... '-)
This should show FOX and the gaggle of conservative talking heads that even though they follow the lead of the socialist media and not report on this issue like good little children afraid of the NAZI’s that they will still be blamed for reporting it.
SO, to all of the conservative mainstream media talking bobble heads, address this issue in truth and facts.
LIST of BOBBLE HEADS:
Rush
Sean
Beck,
Levin
Laura
Malkin
the tall blond
I am a proud Birther, and happy to not be an AFTER-birther.
The list of people who should be blamed starts with Obama himself, who has never released any record or records that will prove his constitutional eligibility for POTUS conclusively, despite ample opportunity to do so. In fact, he has spent a lot of money to prevent such disclosure.
Then there are, among others, the Kenyan ambassador to the US and at least three different Kenyan parliamentarians, who have explicitly stated that Obama was born in Kenya. In addition, Lucas Smith has displayed a purported copy of a Kenyan birth certificate for Obama, which no one in the Obama camp has disputed as to authenticity.
-PJ
While a authentic long form birth certificate is indeed helpful, it's not the only thing that's needed.
Assuming Sr. is Barry's legal father at birth...even IF Barry was born in HI, he was born a subject to the crown of her majesty the Queen of England. That is, born a dual national. A citizen of two countries at birth.
Can someone who is born with allegiance owed to a foreign power be a "Natural Born Citizen" as intended by the framers and therefore eligible to be the Commander in Chief of the armed forces?
Doubtful, if not outright impossible.
This issue must be cleared up, and cleared up now. Many are talking of wanting Bobby Jindal to run for POTUS. His parents were not naturalized until after he was born (they moved here months before he was born and it takes 5 years of residency [Note: it's a PDF file] to be eligible to naturalize under most circumstances).
Bobby Jindal is a citizen, but he's not a Natural Born Citizen as he was born to non-citizen parents.
When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdoms 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:http://www.state.gov/documents/organization/86563.pdf(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).
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 |
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* This assumes HI birth, which is yet to be verified. A citizen of 2 countries at birth. |
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 Obamas 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.
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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."
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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."
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French text (about "natural" born citizens): "Les naturels, ou indigenes, sont ceux qui sont nes dans le pays, de parens citoyens"
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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 |
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.
"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."
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 governedThose (& 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 UnionAgain, 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."...
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"
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
After the Constitution is ratified |
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 Revolutions 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 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.) SHANKS V. DUPONT, 28 U.S. 242, 245 (1830) (same definition without citing Vattel) |
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..
A few of the more notible POTUS references to "law of nations" are:
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 acquainted 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 & allegiance owed on to their child - by birthright).
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