Posted on 12/26/2023 5:52:00 PM PST by SeekAndFind
YOU are missing the details of NATURAL BORN CITIZEN
The Briefs from the precedent setting U.S. Supreme Court case of Wong Kim Ark reveal the slightest tinge of racism involved in the attempt to save the nation from Yellow Peril. United States v. Wong Kim Ark, 169 U.S. 649 (1898), at the U.S. Supreme Court. Brief on Behalf of the losing Appellant (United States), by George D. Collins, Of Counsel for Appellant, and also signed by Holmes Conrad, Solicitor General; at page 34:
For the most persuasive reasons we have refused citizenship to Chinese subjects; and yet, as to their offspring, who are just as obnoxious, and to whom the same reasons for exclusion apply with equal force, we are told that we must accept them as fellow-citizens, and that, too, because of the mere accident of birth. There certainly should be some honor and dignity in American citizenship that would be sacred from the foul and corrupting taint of a debasing alienage. Are Chinese children born in this country to share with the descendants of the patriots of the American Revolution the exalted qualification of being eligible to the Presidency of the nation, conferred by the Constitution in recognition of the importance aud dignity of citizenship by birth? If so, then verily there has been a most degenerate departure from the patriotic ideals of our forefathers; and surely in that case American citizenship is not worth having.
Here is an example of pleading to the U.S. Supreme Court to save us from the Red savages. Elk v. Wilkins, 112 U.S. 94 (1884), Brief and Argument of Defendant in Error (Registrar Charles Wilkins), at pp. 17-18:
The Indians are a nation of aristocratic idlers, gentlemen of leisure; the only native sporting class in America. They know not what it is to labor, to plow and to sow. Their ideas of government are the simplest and rudest, consisting of allegiance to a chieftain who has won his place by violence and holds it without right or justice.The Indian has but little knowledge of law save the lex talionis. It is stretching the principle of universal citizenship and impartial suffrage to the verge of absurdity for the government to extend its hand to the subjects of an independant political community, who have made the tomahawk the arbiter of their wrongs, and in the twinkling of an eye invest them with all rights and privileges of American citizenship,
Longfellow says;
“Every human heart is human
That even in savage bosoms.
There are longings, yearnings, strivings
For the good they comprehend not.”This is a most striking instance of an Indian savage or “noble red man” striving and yearning “for the good he comprehends not.”
Lex talionis is the Law of Retaliation.
Birthers have taken to wasting the time and resources of the legal system with scores of frivolous lawsuits in Federal and state courts. Charles Gordon, in his paper “Who Can Be President of the United States: the Unresolved Enigma,” 28 Maryland Law Review, Number 1, Winter 1968, observed at page 29:
Since interpretation of the presidential qualification clause involves a federal constitutional question, such an issue would unquestionably wind up in the federal courts, by removal of actions commenced in state courts, or by Supreme Court review of a state court’s decision. [Footnotes omitted]
Several actions seeking an ancient writ of quo warranto to oust the sitting President have predictably failed. In his paper cited supra, at page 30, Charles Gordon observed,
In the first place, a person seeking to launch such a contest would have to overcome the seemingly insuperable hurdle of legal standing to sue. In the federal practice his lack of direct interest would seem fatal.
Nearly a half-century later, when courts found a lack of direct interest and a resultant lack of standing, birthers exclaimed that the judges were corrupt. The blackness of the President does not create standing.
First Nat. Bank and Trust Co. of Vinita v. Kissee, 1993 OK 96, 859 P.2d 502, paragraph 40, footnotes omitted:
“Simply put, subjective good faith no longer provides the safe harbor it once did.” “There is no room for a pure heart, empty head defense under Rule 11.”
In Wong Kim Ark, at 169 U.S. 649, 674-675, the U.S. Supreme Court said:
So far as we are informed, there is no authority, legislative, executive or judicial, in England or America, which maintains or intimates that the statutes (whether considered as declaratory or as merely prospective) conferring citizenship on foreign-born children of citizens have superseded or restricted, in any respect, the established rule of citizenship by birth within the dominion. Even those authorities in this country, which have gone the farthest towards holding such statutes to be but declaratory of the common law have distinctly recognized and emphatically asserted the citizenship of native-born children of foreign parents. 2 Kent Com. 39, 50, 53, 258 note; Lynch v. Clarke, 1 Sandf.Ch. 583, 659; Ludlam v. Ludlam, 26 N.Y. 356, 371.Passing by questions once earnestly controverted, but finally put at rest by the Fourteenth Amendment of the Constitution, it is beyond doubt that, before the enactment of the Civil Rights Act of 1866 or the adoption of the Constitutional Amendment, all white persons, at least, born within the sovereignty of the United States, whether children of citizens or of foreigners, excepting only children of ambassadors or public ministers of a foreign government, were native-born citizens of the United States.
In Schick v. United States, at page 69, the Court said:
“That,” said Mr. Justice Bradley in Moore v. United States, 91 U. S. 270, 91 U. S. 274, referring to the common law, “is the system from which our judicial ideas and legal definitions are derived. The language of the Constitution and of many acts of Congress could not be understood without reference to the common law.”Again, in Smith v. Alabama, 124 U. S. 465, 124 U. S. 478, is this declaration by Mr. Justice Matthews: “The interpretation of the Constitution of the United States is necessarily influenced by the fact that its provisions are framed in the language of the English common law, and are to be read in the light of its history.”
In United States v. Wong Kim Ark, 169 U. S. 649, 169 U. S. 654, Mr. Justice Gray used this language: “In this as in other respects, it must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the Constitution. Minor v. Happersett, 21 Wall. 162; Ex Parte Wilson, 114 U. S. 417, 114 U. S. 422; Boyd v. United States, 116 U. S. 616, 116 U. S. 624-625; Smith v. Alabama, 124 U. S. 465.”
See also Kepner v. United States, post, p. 195 U. S. 100; 1 Kent, Com. 336.
Blackstone’s Commentaries are accepted as the most satisfactory exposition of the common law of England. At the time of the adoption of the federal Constitution, it had been published about twenty years, and it has been said that more copies of the work had been sold in this country than in England, so that undoubtedly the framers of the Constitution were familiar with it.
In Wong Kim Ark, Brief on Behalf of the losing Appellant [United States], page 22-23, the losing side argued:
“Subject to the jurisdiction thereof” is the language of the Constitution, and it is the most significant provision of the definition of citizenship there contained. Who are subject to the jurisdiction of the United States? Manifestly not those who are subject to the jurisdiction of any other nation, or who owe allegiance to any foreign prince, potentate, state, or sovereignty. Such is the contemporaneous exposition of the Constitution’s definition by the very Congress that framed it, as is evidenced by what is now section 1902 of the Revised Statutes of the United States. It is there enacted: “All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States.” Clearly, then, it was never intended that children born in the United States of alien parents should be considered citizens.Such children at the moment of birth would be subject to a “foreign power,” to wit, the country of the parent, for it is a principle of international law, and recognized by the United States (sec. 1993, Rev. Stat. U. S.), that the children born abroad of citizens or subjects are citizens or subjects of the country of the parent. So, in respect to this case, it is the law of the Chinese Empire that the children of subjects when born abroad are subjects of the Emperor, Therefore, when Wong Kim Ark was born in San Francisco of Chinese parents there domiciled he at the moment of birth became a subject of the Emperor of China, and for that reason could not have been born “subject to the jurisdiction” of the United States.
At page 24, the losing Brief argues,
It is true, he was born in the United States; but he was not at the time of his birth, and certainly at no time afterwards, “subject to the jurisdiction thereof;” we mean, of course, the political jurisdiction of the nation; not the territorial jurisdiction, or which is the same thing, the jurisdiction, or more accurately, the operation of the laws. All the authorities agree that the provision of the Constitution's definition, “subject to the jurisdiction thereof,” has reference to the political jurisdiction of the United States in its international relation of a sovereign nation, and not to the operation of the laws. In other words, the sovereignty of the United States is of a dual nature—internal and external. The jurisdiction of the law pertains to the former; and the political power of the nation to the latter. All persons born in the United States and subject to the political power thereof are citizens—natural born citizens; it follows that persons born in the United States of aliens are not citizens.
At page 35, it adds,
It is said in the district court’s opinion that—The doctrine of the law of nations, that the child follows the nationality of the parents and that citizenship does not depend upon mere accidental place of birth, is undoubtedly more logical, reasonable, and satisfactory.
* * *
Here is a more complete version of that quote:
The doctrine of the law of nations, that the child follows the nationality of the parents, and that citizenship does not depend upon mere accidental place of birth, is undoubtedly more logical, reasonable, and satisfactory, but this consideration will not justify this court in declaring it to be the law against controlling judicial authority.
The inconvenient existing and controlling judicial authority came from the Circuit Court for the 9th Circuit.
The existing judicial authority was from In re Look Tin Sing, Circuit Court, California, 21 Fed R 905 (1884), Opinion of the Court by U.S. Supreme Court Justice (1863-1887) Stephen Field, sitting as a Circuit Court justice.
At 21 Fed R 906:
The first section of the fourteenth amendment to the constitution declares that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the state wherein they reside.” This language would seem to be sufficiently broad to cover the case of the petitioner. He is a person born in the United States. Any doubt on the subject, if there can be any, must arise out of the words “subject to the jurisdiction thereof.” They alone are subject to the jurisdiction of the United States who are within their dominions and under the protection of their laws, and with the consequent obligation to obey them when obedience can be rendered; and only those thus subject by their birth or naturalization are within the terms of the amendment. The jurisdiction over these latter must, at the time, be both actual and exclusive. The words mentioned except from citizenship children born in the United States of persons engaged in the diplomatic service of foreign governments, such as ministers and ambassadors, whose residence, by a fiction of public law, is regarded as part of their own country. This ex-territoriality of their residence secures to their children born here all the rights and privileges which would inure to them had they been born in the country of their parents.
At 21 Fed R 908-909:
With this explanation of the meaning of the words in the fourteenth amendment, “subject to the jurisdiction thereof,” it is evident that they do not exclude the petitioner from being a citizen. He is not within any of the classes of persons excepted from citizenship, and the jurisdiction of the United States over him at the time of his birth was exclusive of that of any other country.
The Supreme Court rejected the pig slop that was offered up and ruled the direct opposite, affirming the District Court which had ruled according to the existing binding precedent set in the Circuit Court, extending that binding precedent to all state and Federal courts. That was in the 19th century. It is binding precedent today.
Ludlam v. Ludlam, 84 Am. Dec. 193, 26 New York 356 (1863), first Headnote at 193,
Common Law at Time of Adoption of Federal Constitution Determines Question of Citizenship, in the absence of any other law upon the subject.
Munro v. Merchant, 26 Barb. 383 at 384 (1858) headnote states,
“A child born in this state of alien parents, during its mother’s temporary sojourn here, is a native born citizen.”
When will the birthers produce a court opinion stating that John Doe, born in the United States of one or two alien parents, is, or is not, a citizen based on the controlling authority of Emer de Vattel? They have over two centuries of Federal and state court opinions to work with.
At 400-401, Opinion of the Court
It is further contended, on the part of the defendant, that the plaintiff himself is an alien. He was born in Ballston Spa, in this state, while his father was a resident of Canada, and returned to his father's domicil, with his mother, within a year after his birth. His mother was temporarily there—without any actual change of residence, either on her part or that of his father. It is argued that, at common law, a natural born subject was one whose birth was within the allegiance of the king. (Bac. Ab. tit. Alien, A. Com. Dig. A. and B. 7 to 18. Bl. Com: 336, 74.) The cases of children of ambassadors, born abroad, and of children born on English seas were considered exceptions. Chancellor Kent, in his commentaries, defines a native born citizen to be- a person born within, and an alien one born out of, the jurisdiction of the United States. (2 Kent's Com. 37—50.) In Lynch v. Clarke, (1 Sand. Ch. B. 583,) the question was precisely as here, whether a child born in the city of New York of alien parents, during their temporary sojourn there, was a native born citizen or an alien; and the conclusion was, that being born within the dominion and allegiance of the United States, he was a native born citizen, whatever was the situation of the parents at the time of the birth.
Re: 47 - spot on. Rightly or wrongly it will not be a factor.
-PJ
“And Laura Loomer, by all accounts, is a nut - Trump’s cause is not well-served by people like her.”
Hyperbole much? What “ALL accounts”? That would be 100%, and you’re wrong. Her work has exposed some important stuff, and we should all be so bold.
It comes down to loyalty to your fatherland.
If your parents’ fatherland is India, that’s the environment you’re raised in, and is your foundation. It’s who you are.
Her parents obviously didn’t love or respect America enough to become citizens and make it their fatherland, so she was raised as Indian. Just more diverse opportunists coming here to take advantage of us.
Her absolute ignorance of America’s foundation is actually scary. Suggesting that the First Amendment be ignored. Having no clue about the South and its history re monuments and the Confederate flag. (SC has made some really bad choices in their elections.)
I’ll bet her mom and dad made sure she’s well grounded in all things Indian, though.
I’ll never forget when Laura waited on line at Satans daughter - Hillary Clinton book signing, and when it was Lauras turn she asked Satans daughter what happened to her 33,000 emails then asked about Benghazi and if she had Seth Rich killed, you know, the questions journalists should ask if we still had real journalists. I believe it was right after that every social media company banned Loomer. I actually talked to her online, thanked her for confronting the demon and told her to be careful, glad to see she is still with us
“Natural born citizen” is very confusing. Natural meaning what? Not born from a cesarean? No test tube babies? Born in nature? Not adopted?
it’s nice to see actual facts here, thanks
Thank you.
That's why naturalized citizens aren't eligible, but their children are.
(The only exception to this was during the founding of the Constitution, which ended in 1795 when the 1790 Naturalization Act was repealed)
Ok I get it now, thanks.
She will be deemed “natural born” by democrats and the media (redundancy alert) if and until she receives the nomination.
After that, the Dems and the media (redundancy again) will discover the true meaning of the “natural born” clause and declare her ineligible, when it is too late to change the nominee.
David Ramsay, one of the founders who knew Washington put it in ink during the era of our founding. An NBC is born of US citizens. Period.
Obama may have been eligible because his mother was a US citizen.
But Niki, she is disqualified. She and the people of India could and should legally recognize her as a born citizen of India. This is exactly what we do not want in the office of president. It’s sad for Niki, but it is the truth.
Niki probably has every right to have documents produced in India that prove she is an Indian citizen. Then run for president of India.
For example, I know that my youngest child has birth right citizenship to a foreign country. I have seen the paperwork required to get the certification, for her to be a documented dual citizen.
In effect, Niki was born a dual citizen. An undocumented dual citizen.
Who enforces this NBC clause?
“We the People” are in charge in this country. If the republican party wants to put someone who we believe is ineligible into the executive office, they need us to disregard the constitution.
Out of 300 million people to choose from they would pick a born dual citizen? And expect to win the election?
I won’t do it.
Cackling Harris is also a born dual citizen. She’s the VP in charge of having our borders disappear and our sending tax payer money all over the planet.
Thanks you for posting that explanation. Too many here think NBC means what they say it is after wrapping themselves in a flag. That’s now how any law works.
Laura is not wrong.
That Nimrada is even running, shows her ignorance or disrespect for the Constitution.
You are correct. Section 1 of the 14th Amendment: âÂÂAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.âÂÂ
âÂÂSubject to the jurisdictionâ is a qualifier. If the authors intended anyone born on US soil to be a citizen, no qualifier would be necessary.
The fact that an alien is subject to our laws and our courts if they violate our laws does not place them within the political âÂÂjurisdictionâ of the United States. They are still subject to a foreign power.
As John Eastman, former dean of the Chapman School of Law has said, âÂÂthe distinction between partial, territorial jurisdiction, which subjects all who are present within the territory of a sovereign to the jurisdiction of that sovereignâÂÂs laws, and complete political jurisdiction, which requires allegiance to the sovereign as well.âÂÂ
Even American Indians and their children did not become citizens until Congress passed the Indian Citizenship Act of 1924. There would have been no need to pass such legislation if the 14th Amendment extended citizenship to every person born in America, no matter what the circumstances of their birth, and no matter who their parents are.
Simply being born in the US does not confer citizenship.
well, it looks like PJ media has jumped the shark. not going there anymore. they are using BIRTHER. sick and twisted as Obama was.
Obama taunted everyone by not releasing a birth certificate, and then when he finally did, it was a laughable forgery meant to basically mock the citizens of this country. Once that was allowed, it doesn’t matter anymore and while an admirable pursuit by Loomer, it’s a waste of time other than raising awareness.
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