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To: Godebert

Your argument is flawed. Why did the founders change the presidential eligibility from born Citizen to natural born Citizen?
During the process of developing a new U.S. Constitution Alexander Hamilton submitted a suggested draft for a Constitution on June 18, 1787. He also submitted to the framers a proposal for the qualification requirements in Article II as to the necessary Citizenship status for the office of President and Commander in Chief of the Military.

Alexander Hamilton’s suggested presidential eligibility clause:

“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.”

Many of the founders and framers had a fear of foreign influence on the person who would in the future be President of the United States since this particular office was singularly and uniquely powerful under the proposed new Constitution. The President was also to be the Commander in Chief of the military.

This fear of foreign influence on a future President and Commander in Chief was particularly strongly felt by John Jay, who later became the first Chief Justice of the U.S. Supreme Court. He felt so strongly about the issue of potential foreign influence that he took it upon himself to draft a letter to General George Washington, the presiding officer of the Constitutional Convention, recommending/hinting that the framers should strengthen the Citizenship requirements.

John Jay was an avid reader and proponent of natural law and particularly Vattel’s codification of natural law and the Law of Nations. In his letter to Washington he said that the Citizenship requirement for the office of the commander of our armies should contain a “strong check” against foreign influence and he recommended to Washington that the command of the military be open only to a “natural born Citizen”. Thus Jay did not agree that simply being a “born Citizen” was sufficient enough protection from foreign influence in the singular most powerful office in the new form of government. He wanted another adjective added to the eligibility clause, i.e., ‘natural’. And that word natural goes to the Citizenship status of one’s parents via natural law.

The below is the relevant proposed change language from Jay’s letter which he proposed to strengthen the citizenship requirements in Article II and to require more than just being a “born Citizen” of the United States to serve as a future Commander in Chief and President.

John Jay wrote in a letter to George Washington dated 25 Jul 1787:

“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. “

See a transcription of Jay’s letter to Washington at this link. This letter from Jay was written on July 25, 1787. General Washington passed on the recommendation from Jay to the convention and it was adopted in the final draft and was accepted adding the adjective “natural” making it “natural born Citizen of the United States” for future Presidents and Commanders in Chief of the military, rather than Hamilton’s proposed “born a Citizen”. Thus Article II, Section 1, Clause 5 of the U.S. Constitution, the fundamental law of our nation reads:

Article II, Section 1, Clause 5 of U.S. Constitution as adopted 17 Sep 1787:

“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 is a Fraud and Jamese777 is a liberal troll


The Supreme Court of the United States doesn’t think that my argument is flawed. They appear to be singularly uninterested in any of the points of view presented above.
Many of the Obama eligibility appeals have used the exact same historical arguments.

Obama Eligibility-related Appeals at the US Supreme Court

Berg v Obama: Petition for Writ of Certiorari, Denied
Application for injunction, Denied
Beverly v FEC: Petition for Writ of Certiorari, Denied
Craig v US: Petition for Writ of Certiorari, Denied
Donofrio v Wells: Petition for Writ of Certiorari, Denied
Herbert v Obama: Application for Stay pending filing of a Petition for Writ of Certiorari, Denied
Hollister v Soetoro: Petition for Writ of Certiorari for Article III Standing review, Denied; Conference on recusal motion scheduled for March 4th.
Kerchner v Obama: Petition for Writ of Certiorari, Denied
Lightfoot v Bowen: Petition for Writ of Certiorari, Denied
Taitz v MacDonald: Petition for Writ of Certiorari, Denied
Schneller v Cortes: Application for Stay, Denied; Petition for Writ of Certiorari, Dismissed
Wrotnowski v Bysiewicz: Application for Stay, Denied


261 posted on 02/19/2011 3:36:16 PM PST by jamese777
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To: jamese777
Why did the Founding Fathers change the presidential eligibility requirement from born Citizen to natural born Citizen?
294 posted on 02/20/2011 5:19:32 AM PST by Godebert
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