Category Archives: Elections

Why Liberals & So-Called Conservatives on Both Sides of the Aisle Despise the 14th Amendment

US citizenship is the most sought after commodity on the market today. Yes, you read correctly, “commodity”.

Where else in the world can one go and be paid to retire, living off of other people’s property, when they have no work history? Where else can one go to have a baby and then, in the name of that baby, reap the property of those they have no loyalty or allegiance to? Where else in the world can one enter illegally and not be subject to the laws thereof?

Why the good ole’ US of Despotism of course!

The doctrine of old, that is still lawful doctrine as far as I know, is that a child can not be held responsible for the actions of the parents so long as that child is a minor. But when that child reaches the age of majority, the age of reason and knowledge of the law, the child themself becomes responsible to make sure they are in legal good standing. I, myself personally, don’t know one person who would deny a child brought here illegally or birthed here illegally, the right to citizenship if that child, upon reaching legal age of 18, stands on moral ground and takes the proper legal action to correct the indiscretion placed upon them by their parents to becoime legal and law abiding members of our society. This is the doctrine of all moral societies from the beginning of time, that every member of that society be bound to the same standard in all law. No classification of race or ethnicity required. We are all but of one race, the human race, in the eyes of a constitutionally bound & blindfolded justice system.

You ask then, just how did we get to where we are today when there are so many laws that pit one race against another & one ethnicity against another? Through judicial activism & greedy immoral citizens & non-citizens who found out they could vote themselves a paycheck via personal & corporate government welfare by voting in representatives that support everything but common sense, self-reliance & self-responsibility.

So let’s begin the lesson on the 14th. I’ll take it slow for those that are new to the issue and for those that have been entrenched with me in it for years, but still haven’t quite grasped this oh so simple concept.

Rule #1: Constitutions are not made to be complicated. They are written so that even the most common & uneducated citizen would be able to read and understand what is written so that they are able to obey the law without having to hire a lawyer every time they need to partake in society either personally or commercially. This is where I lose most of the lawyers as those of high education can’t seem to grapple with the law unless they make a complicated mess of it in their minds.

Rule #2: Every word or phrase, every jot or tittle in a Constitution is to have but one meaning when it is context pertains to a single subject matter such as the 14th Amendment. It’s subject matter is US citizenship, thus all words & phrases pertain to citizenship, how it is obtained, and what is required to obtain it …IN THAT ORDER!

But, before we explicitly break down the 14th, let’s go back to “the beginning” and see how US citizenship morphed from the days of old subjectship under feudal British monarchial rule to rule of law under a nation of sovereign citizens.

The year was 1775, oppression was abundant on this land of the freeman, each state a separate sovereign under the British crown, yet also under their own local colonial jurisdictional rule. Some of the colonies formed by the Brits, while others were formed by freemen of other nations who were later conquered and taken over by the Brits. The laws of these great colonies were as vast & nonconforming as the subjects that dwelt in them.

By July 4, 1776 all the colonies had personally declared their independence from Great Britain. The July 4th Declaration was merely a formal declaration that all the colonies now stood in solidarity with one another in order to break the chains of oppression that had been cast down upon them by their loving ruler. They adopted a Confederate Constitution, went to war & won. But soon, they realized that unless they united completely under a federal constitution, all they had fought for would be lost because after the war, they all went back to their individual states with laws still as vast & nonconforming as before. They soon found themselves pitted against each other with the ruler they had just defeated waiting in the wings to swoop in and conquer them once again.

One of the big debates they had was over citizenship. Just who were the members of this new Republic called the United States of America? The north wanted to abolish slavery right off the bat, but the slave states would have none of it, threatening to break away from the union. In a very wise decision, it was adopted that after a certain date, the slave trade would see a permanent end. In another very wise decision, the 3/5ths clause, the slaves states were not allowed full representation in the US Congress unless they freed all their slaves. Oh they tried to buck the 3/5ths clause, but the abolition states insisted that if the slave states wanted representation for what they called property, then the abolition states could also count all their property(furniture) for representation purposes. Well, very aware of the abundance of wealth the abolition states held over the slave states, it didn’t take long for the slave states to concede and adopt the 3/5th clause put forth by the representatives of the abolition states. There was also no talk of sex for at that time it was one household, one vote whether it be a woman or a man at the head of that household. A doctrine I whole heartily believe we should return to. And in many states, color did not factor into the equation. Black & white stood side by side in the voting line.

This is how a representative government works. The head of the household represents the house as a whole. The house as a whole elects representatives for local, state, US House & presidential electoral college members. The electoral college members represent the state as a whole in the presidential election and cast their vote for the candidate that best represents their state as a whole. Then last but not least we have the states who represent the body of the state as a whole and they were to elect the persons to represent the state in the US Senate. That is until it was usurped by liberals on both sides of the aisle.

But I digress. Back to citizenship.

Immediately after the Declaration of July 4, 1776, the states began repealing old feudal law & replacing it with the Laws of Nature & of Nature’s God as declared in the Declaration of Independence & reiterated in the Articles of Confederation.

Virginia, a colony with the deepest ties to Great Britain finalized their change in 1779 under the governorship of Thomas Jefferson.

Be it enacted by the General Assembly, that all white persons born within the territory of this commonwealth and all who have resided therein two years next before the passing of this act, and all who shall hereafter migrate into the same; and shall before any court of record give satisfactory proof by their own oath or affirmation, that they intend to reside therein, and moreover shall give assurance of fidelity to the commonwealth; and all infants wheresoever born, whose father, if living, or otherwise, whose mother was, a citizen at the time of their birth, or who migrate hither, their father, if living, or otherwise their mother becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed: And all others not being citizens of any the United States of America, shall be deemed aliens.

No longer did Virginia recognize British feudal law of subjectship as a definition as to who its members were. The only new members born into the state had to be born to parents who were already members of that state. These were & are the natural born. All others being aliens must be naturalized according to the laws of the state. The majority of the states followed suit, many adding religious requirements that were totally legal under the Articles of Confederation. On the other hand, a few states held fast to the feudal definition of subjectship, the state as the master & the individual as the subject slave. Quite repulsive isn’t it, to think that they fought a bloody war only to keep the members of their own society under the same legal oppression they had fought against.

Moving along, we come to 1790 and the passing of the 1st naturalization & immigration laws under the new Constitution of the Republic of these United States. This law held that all children born to American parents, regardless of soil of birth were natural born citizens. All others were aliens who were afforded the opportunity to become naturalized citizens, either at the time of their parents naturalization or upon their own accord at the age of 21. But the language was ambiguous at best. In 1795, the natural born language was repealed as it pertained to children born to US citizens abroad, however the language for children born to aliens remained intact.

In 1802 congress revisited the naturalization laws in order to correct abuses that had taken place under the previous administration. The Act of 1802 repealed all previous naturalization Acts and in their place, stated:

An Act To establish an uniform rule of Naturalization and to repeal the acts heretofore passed on that subject
Approved April 14 1802 US Statutes at Large Vol 2 pg 155

SEC 4 And be it further enacted That the children of persons duly naturalized under any of the laws of the United States or who previous to the passing of any law on that subject by the government of the United States may have become citizens of any one of the said states under the laws thereof being under the age of twenty one years at the time of their parents being so naturalized or admitted to the rights of citizenship shall if dwelling in the United States be considered as citizens of the United States

So, let’s break this down for those that are blinded easily by the chaff that hides the meat of the grain.

parents…united under one allegiance, upon marriage, international law & US state & national law recognized that the wife automatically became a citizen of the husbands country and the husband was the legal representative for the entire family.

the children…those born to alien/foreign parents on American soil

who, previous to the passing of any law on that subject(naturalized citizenship) by the government of the United States, may have become citizens of any one of the said states under the laws thereof(laws of the state under the Articles of Confederation) … this refers to the feudal law of subjectship which at birth, naturalized the child of a foreigner and makes that child a subject slave of the state from the moment of birth, regardless of the parents wishes

being under the age of 21 at the time of their parents being naturalized…still a minor and under the authority & protection of the parents

admitted to the rights of citizenship if dwelling in the United States…they could only claim US citizenship if living in the US proper under the authority & protection of their parents who were living in the US & who had become US citizens

In other words, what we have here is the federal government stating in 1802, in no uncertain terms, that birth in this country is not the prerequisite to citizenship. It is the allegiance of the parents, the adults who are the guardians & protectors of the child, and unless the adult parents become citizens, the child has no other option than to try to obtain it at the age of 21. For those whose parents never did obtain US citizenship, the process was made easier and the waiting period was waved as long as the child had lived in and was educated in the US consistently for a certain period of time prior to their coming to the age of 21.

I have found no better voice to this than that of a Mr Saunders of the 28th Congress during debate on naturalization that finally ended with the above law being upheld:

28th Congress, 2nd Session
page 129

MR. SAUNDERS’S REPORT ON NATURALIZATION

First, the act of 1802, which repeals all former acts.

It restores the provision of the declaration of intention to three years before application, and a residence of 5 years before admission, and requires proof of good character, renunciation of former allegiance, as well as of all titles or orders of nobility, and an oath to support the constitution; it requires the “registry” of aliens “in order” to become citizens, and the production of the certificate of registration when applying for admission. It further provides for the children of aliens, whether born within or out of the United States

And please don’t misquote me. This does in no way pertain to children born to parents after the parents are naturalized, for at that time, the child is legally born to citizen parents and thus is a true natural born citizen. One born with a complete & undivided allegiance to the United States of America under the color of the law.

So, thus far, the federal government has recognized but 2 paths to US citizenship, birth according to the laws of nature which produce the natural born citizens and the rest, regardless of place of birth, fall under the statute laws of immigration & naturalization. However, let’s move forward and see if it stuck.

In 1859, naturalized US Americans were still being held unlawfully in the countries of their birth so President Buchanan had his Dept of Justice, Attorney General draft a legal OP that was published nationwide and sent out to all embassies across the globe. The US Embassies then forwarded this legal memorandum to all foreign governments, declaring once again, the laws of citizenship of the United States, both at birth & naturalization.

“The question then arises, what rights do our laws confer upon a foreigner by granting him citizenship? I answer, all the rights, privileges and immunities which belong to a native-born citizen, in their full extent with the single qualification that under the constitution, “no person except a natural born citizen is eligible to the office of President…”

“Here none but a native can be President…A native and a naturalized American may therefore go forth with equal security over every sea and through every land under Heaven…They are both of them American citizens, and their exclusive allegiance is due to the Government of the United States. One of them never did owe fealty elsewhere, and the other, at the time of his naturalizationthrew off, renounced and abjured forever all allegiance to every foreign prince, potentate, State and sovereignty whatever, and especially to that sovereign whose subject he had previously been.”

This OP was still being cited by Harvard law as precedent to the definition of US citizenship when Barack Hussein Obama-Soetoro-Soebarkah was born.

This OP was also the legal document used to draft the 1866 Civil Rights Act that was ratified as the 14th Amendment to the Constitution of the Republic of these United States in 1868. It is the legal document for the sister Act to the 14th Amendment which is the Expatriation Act of 1868, passed on July 27, 1868, immediately following the ratification of the 14th in order to finally & forever proclaim the US doctrine of a single allegiance to the US, either at birth or naturalization. It is the legal meat & the teeth to the oath of allegiance & renunciation all naturalized citizens must take and it is the legal meat & teeth that the US State Dept uses to protect its citizens abroad.

Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle, this government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendents, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed; Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any declaration, instruction, opinion, order, or decision of any officers of this government which denies, restricts, impairs, or questions the right of expatriation, is hereby declared inconsistent with the fundamental principles of this government.

Sec. 2. And be it further enacted, That all naturalized citizens of the United States, while in foreign states, shall be entitled to, and shall receive from this government, the same protection of persons and property that is accorded to native-born citizens in like situations and circumstances.

No dual allegiance allowed. It is hereby declared inconsistent with our form of government and is a bain to the keeping of public peace. One nation, one people under one allegiance to, one Supreme Law, the Constitution of the United States.

OK, now that we have traced the history and found out that nothing had changed regarding children born to aliens on US soil since the time of the adoption of the US Constitution to the ratification of the 14th, we can now return to the 14th. Using the precedent set forth in all previous legislation pertaining to US citizenship and the legal document that gave it its force that was cited & upheld by the Supreme Court in both the Minor & Elk cases, let’s see what the paths to US citizenship are? Are there really only 2? YES!

All persons … Chief Justice Waite in 1874:

The words “all children” are certainly as comprehensive, when used in this connection, as “all persons,”

born or naturalized, and subject to the jurisdiction thereof … again Chief Justice Waite in 1874:

Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization…and that Congress shall have power “to establish a uniform rule of naturalization.”

Then 10 yrs later Gray upholds the ruling of the court written by Chief Justice Waite as it pertains to the paths to Us citizenship as it stands under the 14th Amendment:

The distinction between citizenship by birth and citizenship by naturalization is clearly marked in the provisions of the Constitution, by which

“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,” and “The Congress shall have power to establish an uniform rule of naturalization.” Constitution, Article II, Section 1; Article I, Section 8. By the Thirteenth Amendment of the Constitution, slavery was prohibited. The main object of the opening sentence of the Fourteenth Amendment was to settle the question, upon which there had been a difference of opinion throughout the country and in this Court, as to the citizenship of free negroes ( 60 U. S. 73; Strauder v. West Virginia,@ 100 U. S. 303, 100 U. S. 306.)

This section contemplates two sources of citizenship, and two sources only: birth and naturalization. The persons declared to be citizens are “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.”; The evident meaning of these last words is not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction and owing them direct and immediate allegiance. And the words relate to the time of birth in the one case, as they do to the time of naturalization in the other. Persons not thus subject to the jurisdiction of the United States at the time of birth cannot become so afterwards except by being naturalized

So, the 14th defines persons as either born or naturalized. Then we take the next step to see which path they can legally gain citizenship thru by using the “subject to the jurisdiction” rule as defined by Congress & the courts since 1790; and we see that according to the 14th Amendment, the only ones who attain US citizenship via either path are those that have always had but one exclusive allegiance to the US since birth, the natural born, or those that formally & personally(individually) declared their one exclusive allegiance the the US upon naturalization.

It’s all right there folks. Both Supreme Court justices, both in the deciding opinions of the court citing the same legal precedent specifically sent forth by the US Congress in 1802 and reiterated in 1845 and finally by the Buchanan Admin OP in 1859 which became the legal document that formed the 14th Amendment, that thusly led to the constitutionality of citizenship as defined by 14th being upheld by the Supreme Court. Two paths to US citizenship, birth via the Laws of  Nature which produces the natural born citizens or naturalization by renouncing & swearing an oath of immediate & exculsive alliegiance to the Constitution fo the United States, neither the twix shall meet. One can not be born with allegiance to a foreign nation and claim natural born citizenship status later in life. The law does not suport it.

Thus finally I leave you with this historical evidence from the…Library of Congress on Immigration & Naturalization(1840-1950)

Married women and children under the age of twenty-one derived citizenship from their husband or father respectively. Children of unsuccessful applicants could apply for citizenship in their own right, at the age of twenty-one.

Yes, this is the reason Harvard was still citing the 1859 Buchanan OP when Barack Hussein Obama-Soetoro-Soebarkah was born. Obama was 1st & foremost a British subject at birth, just as his father was. This was the law recognized by all nations, that a child born in wedlock follows the nationality of the father, not the mother until such time as a divorce or an adoption may take place or upon the child reaching the age of 21. The only change in the 1950’s pertained to children born to single mothers abroad, NOT children born in wedlock.

Therefore, the crux of US citizenship is neither birth nor naturalization, it is allegiance to the US Constitution & the political system of the US  federal government and to them ONLY! However, birth is the only path to which one can attain to the office of the presidency . The highest office of the land which holds the responsibility of enforcing the Law of the land, the US Constitution and on each & every inauguration day, the person elected to that office takes an oath swearing to do so and is suppose to have had but one allegiance from birth. Exclusive allegiance to the United States of America and the US Constitution. Without the law, we live under despotism & tyranny of a doctorial government. Without the enforcement of our citizenship laws as they are defined in the 14th Amendment, we become a land without sovereign borders and are doomed to destruction through economic redistribution of our private property that the despotic governments seizes from us without authority of the Law of the land, the US Constitution, to give to others who are not legally authorized to receive it.

So, Welcome to the United States of Despotism under the tyranny of an illegitimate president who got there by the politically elite of all ranks disregarding the law and yet these so-called conservative politician and pundit elitists are astonished at how many times the British-American-Indonesian has ignored it.

GO FIGURE! AMERICAN IGNORANCE IN ITS PRIME ON DISPLAY FOR ALL THE WORLD TO SEE & LAUGH AT! AND THAT IS EXACTLY WHAT THEY ARE DOING!

http://constitutionallyspeaking.wordpress.com/2011/04/12/open-letter-to-all-south-dakota-national-media/

http://constitutionallyspeaking.wordpress.com/a-congressional-natural-born-citizen-parts-i-ii-iii/

http://constitutionallyspeaking.wordpress.com/2011/03/06/birthright-jus-soli-citizenship-only-applied-to-state-citizenship-prior-to-march-26-1790/

http://constitutionallyspeaking.wordpress.com/2011/03/17/subject-to-the-jurisdiction-you-cant-have-it-both-ways/

http://constitutionallyspeaking.wordpress.com/2011/03/29/why-all-states-need-to-adopt-presidential-eligibility-laws/

http://constitutionallyspeaking.wordpress.com/2011/04/06/natural-birthright-citizenship-birthright-of-blood-according-to-english-common-law/

http://constitutionallyspeaking.wordpress.com/2011/04/10/14th-amendment-birthright-citizenship-the-law-of-statelessness/

New US Doctrine Proclaims: Rinsing the Baby Down the Drain With Dirty Bath Water is Legal

If something is so precious, like say the US Constitution, then by all means necessary, don’t let it be rinsed down the drain with the filthy bath water

That’s the message we thought we had sent in the 2010 elections, but those elected to office, both state & national, seem to have already forgotten this important lesson. And now that things are heating up for the 2012 presidential race, and from what I have heard thus far from those wishing to attain to the highest elected office of this great land, I hold no hope that the lessons of the past that are so vital to our nation’s sovereign survival, will come forth with the light & the passion they so deserve. To say that US & State governments as well as their elected officials are so deeply entrenched in political correctness that the light of their founding is nearly at a full eclipse, is putting it nicely.

Entrenched in covering up for their despicable indiscretions against the US Constitution is putting it in its proper context.

What was done in 2008 by all parties on the ballots (not just the DNC or the RNC) was nothing short of putting the plug on the drain after the US Constitution had already entered the drain pipe. In that one fell historical swoop of hysteria in electing the 1st 1/2 white pResident, the precedent was forever set. From Nov 4, 2008 onward, it is now US doctrine that anyone born with immediate allegiance to any foreign entity will be allowed to lead our nation further into utter moral & economic destruction.

I am so sick & tired of all the political rhetoric I can’t stand it anymore. Especially when it comes from so-called God-fearing constitutional conservatives. Let me tell all you so-calleds something. If there was even an ounce of God-fearing blood in your veins, you would be standing with the truth rather than with obfuscations by claiming the only way to fight the pResident is by going after his policies.

HYPOCRITES!  LIARS! EVERYONE OF YOU!

And that goes for Lt Col Allen West who so freely speaks out against Islamic infiltration but refuses to immediately address the illegitimacy of the Islamic supporter & appeasers in “We the People’s” house. Not one elected official has the God-fearing Constitutional spine, including this brave war hero who went up against the system & won, to boldly & publicly proclaim & use the one Constitutional legal vice that could have kept this unpatriotic British-American-Indonesian from entering before Jan 20, 2009 or thusly removing him since.

I also believe in my God-fearing heart that this is the reason Thune backed out from running. He knows he has many God-fearing faithful constitutional conservatives who are not afraid to speak truth to power that would have made this an issue at every single stop he made in a bid for the presidency. It is also why Thune’s office still refuses to answer the last letter I sent him. They can’t because they know they will be exposed for the liars & obfuscates they are.

So to put it as plainly as one can, the only reason the pResident’s policies came to fruition is by those in state & national office abdicating their duty to their oaths of office. Therefore, the next time one of them needs, say, heart or brain surgery, by all means call in a prostate surgeon.  They shall do a right fine job according to these elected officials standards of qualifications.

AND NO! I will not now or ever retract that last statement until the all the above persons mentioned prove me wrong by standing with every jot & tittle of the US Constitution as it was passed, as it was written by those that authored each part therein! And as it IS STILL written to this day!

Matthew 5:17 ~ 20 “…one jot or one tittle will by no means pass from the law” (unless done so legally with the approval of 3/4 of the states; then finalized with the signature of a legally sitting president…to do so otherwise is to operate without the law as we now see happening at record speed..to do so without authority of the law is the means by which all societies have been and are destroyed, both morally & economically, and it is the unlawful aligned with the immoral that leads to the final step which is the economic destruction every time)

http://constitutionallyspeaking.wordpress.com/2011/04/12/open-letter-to-all-south-dakota-national-media/

http://constitutionallyspeaking.wordpress.com/a-congressional-natural-born-citizen-parts-i-ii-iii/

http://constitutionallyspeaking.wordpress.com/2011/03/06/birthright-jus-soli-citizenship-only-applied-to-state-citizenship-prior-to-march-26-1790/

http://constitutionallyspeaking.wordpress.com/2011/03/17/subject-to-the-jurisdiction-you-cant-have-it-both-ways/

http://constitutionallyspeaking.wordpress.com/2011/03/29/why-all-states-need-to-adopt-presidential-eligibility-laws/

http://constitutionallyspeaking.wordpress.com/2011/04/06/natural-birthright-citizenship-birthright-of-blood-according-to-english-common-law/

http://constitutionallyspeaking.wordpress.com/2011/04/10/14th-amendment-birthright-citizenship-the-law-of-statelessness/

Open Letter to ALL South Dakota & National Media

Shad Olson recently had Sam Kephart on his show discussing Donald Trump and his prospects as a 2012 presidential candidate. When Sam said “the power of candor in the age of deceit“, he couldn’t have spoken more powerful words. Please bear with me while I explain a bit why Sam really hit the nail on the head.

Our country is in a full speed destructive mode because of the lack of  honor & integrity of our leaders & govt representatives, and just as important, their lack of knowledge of the US Constitution and what those Articles in it mean as well as American history.

I have spent the last 3 years doing indepth research & study of the Constitution, especially Article II qualifications, the 14th Amendment & its sister Act, the Expatriation Act. US citizenship is precious and our leaders are giving it away like penny candy. But more importantly, in a this age of deceit & George Soros, the leftist marxist socialist communists need to destroy the definition of “sovereign US citizen” so that their definition of “global, no-borders subjectship”, where the only rights we will have is what the elite are willing to give us, can fully emerge.

They nearly have common citizenship destroyed & now they are going after the White House and they thus far, with the help of the lame stream media”, may have forever set a dangerous precedent for presidential qualifications unless we pull the rudder & reverse course immediately.

“…the artillery of the press has been leveled against us, charged with whatsoever its licentiousness could devise or dare. These abuses of an institution so important to freedom and science are deeply to be regretted, inasmuch as they tend to lessen its usefulness and to sap its safety. ~ Thomas Jefferson December 9, 1805” 

Until just recently when Obama announced his 2012 campaign bid, his FTS (fight the smears) campaign website stated:

“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.” 

I have the webshot saved.

With that said…why did Obama feel compelled to state that his birth status was governed by the British Nationality Act of 1948 rather than citing the United States Constitution & the 14th Amendment? He is after all, a constitutional scholar is he not? How many people know that it is the US Govt & White House policy that dual citizenship is forbidden but especially in the Executive Branch, even for the lowliest file clerk? How many people know that dual citizenship is not law? That dual citizenship is in fact, unconstitutional. Therefore, the US State Dept can not guarantee protection to dual citizens when they are in foreign countries, especially the countries they claim to be also citizens of and this is why the US State Dept has warnings about this in several locations on their website. 

“Matthew 6:24: No man can serve to masters; for either he will hate the one, and love the other; or else he will hold to the one, and despise the other.” 

This is the “Law of Nature & of Nature’s God” that is stated in the Declaration of Independence. A child can not be made an alien to their parents lest he be made a slave to man. They are under the tuition of the parents (parens patriae) until they reach the age of consent and choose for themselves what nation/government they will attach their allegiance to. And don’t get me started on the destruction of the family as “One Unit” that began with the marxist feminist movement. 

The US Constitution does not recognize slavery. In fact it does the opposite and refutes it when it refers to representation in Article I. The slave states were constitutionally confined to a smaller representation as those states did not recognize their salves as persons, but rather property. The only way for a state to gain full representation in the US Congress was to free the slaves and recognize them as the free & equal persons they are under the “Laws of Nature & of Nature’s God” as stated in the Declaration of Independence.

We are slaves only to God, not to man. 

In his opening stement, the US House judiciary subcommittee chairman on the US Constitution during hearings on presidential qualifications in 2000, stated for the record:

The natural-born citizen qualification continues to provide to the political system of the United States a certain level of protection against the influence of foreign nations. In addition to this safeguard, the requirement also secures the ability of the President to make decisions involving domestic and foreign policy that are in the best interests of the United States without an inherent emotional or familial attachment to another nation.”

George Washington in his farewell address stated:

“If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield…

As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opinion, to influence or awe the public councils. Such an attachment of a small or weak towards a great and powerful nation dooms the former to be the satellite of the latter…

Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government

Real patriots who may resist the intrigues of the favorite are liable to become suspected and odious, while its tools and dupes usurp the applause and confidence of the people, to surrender their interests…”

Foreign influence, especially emotional influence that stems from an immediate familial foreign source, in a US president, is to be avoided at all cost and thus the reason for the president to be a “natural born” citizen. Natural born means exclusive allegiance to the United States at birth, the same as it is for immigrants upon taking the oath at the time of naturalization. “Subject to the jurisdiction”, as found in the 14th Amendment, has nothing to do with soil, it has to do with political allegiance; where one holds his political rights. Where one’s permanent domicile is & where he takes part in those political rights. That is why up until the late 70’s, when the Supreme Court legislated from the bench, voting in a foreign country was grounds for immediately losing ones US citizenship.

My research is extensive & grounded with historical evidence dated from our founding era to date. It is not personal supposition as many have been posting all over the internet, especially by those with some sort of law degree. The true law & its rich history must be exposed and I believe it will be at the state levels where it gets it foothold. We owe this to our Posterity, to our fine men & women in uniform & to the preservation of our society that the founding generations shed their blood for.

I encourage you to make use of my research and help spread the word so that we may reverse course & reclaim our sovereignty, our heritage & especially the US Constitution. Our national & economic security depends on it.

God’s Grace & Peace,

Linda Melin

dlmelin@unitelsd.com

http://constitutionallyspeaking.wordpress.com

main starting research article as well as the most recent research articles with the best evidence:

http://constitutionallyspeaking.wordpress.com/a-congressional-natural-born-citizen-parts-i-ii-iii/

http://constitutionallyspeaking.wordpress.com/2011/03/06/birthright-jus-soli-citizenship-only-applied-to-state-citizenship-prior-to-march-26-1790/

http://constitutionallyspeaking.wordpress.com/2011/03/17/subject-to-the-jurisdiction-you-cant-have-it-both-ways/

http://constitutionallyspeaking.wordpress.com/2011/03/29/why-all-states-need-to-adopt-presidential-eligibility-laws/

http://constitutionallyspeaking.wordpress.com/2011/04/06/natural-birthright-citizenship-birthright-of-blood-according-to-english-common-law/

http://constitutionallyspeaking.wordpress.com/2011/04/10/14th-amendment-birthright-citizenship-the-law-of-statelessness/

14th Amendment Birthright Citizenship & The Law of Statelessness

The definition of “natural born” comes from the common law of nations. Under the law of nations, all treaties and the laws of the foreign nations must be considered if a child is born on foreign soil. Therefore the fundamental rule for NBC is “exclusive allegiance to the United States” at birth. According the US Government, to answer the question, is one born without the soil (jus soli) a natural born citizen, we must ask ourselves this question…If the US denied citizenship to a child born abroad, would that act of the US government leave the child stateless?

Take for example, George Romney who was born in Mexico because his refuge parents, who were mormons, were being persecuted in the US. George’s parents never changed their citizenship. They never renounced their US citizenship & took Mexican citizenship. Under the citizenship laws of Mexico at the time, George Romney was born an alien/foreigner as Mexican law did not recognize him as a citizen by the mere fact that he was born on their soil. It was “jus sanguinis” & the law of “parens patriae” (the jurisdiction to make decisions) under the law of nations that governed George Romney’s status at birth. Therefore, if the US had denied citizenship to little George, he literally would have been left stateless because the foreign nation in which he was born never claimed him as a member/citizen of their society. His “exclusive” allegiance at birth was to the United States.

This is the same for children born to 2 citizen parents in the military, no matter where they are born. Vattel, Bk1, sec 217: For the same reasons also, children born out of the country, in the armies of the state, or in the house of its minister at a foreign court, are reputed born in the country; for a citizen who is absent with his family, on the service of the state, but still dependent on it, and subject to its jurisdiction, cannot be considered as having quitted its territory.

During the hearings and testimony on S.Res. 511, the revisionists brought in 2 highly respected revisionist constitutional lawyers to obfuscate the truth by using English feudal law. Feudal law is not common law. It is the law of the Sovereign King. It is statute law, not natural law. Had McCain or any of the other spineless GOP establishment known their history, they would have refuted that resolution and stood firm on the law of their birthright. This is especially disturbing to me because of the stress it is causing our men & women in uniform who are temporarily stationed overseas. By saying that they are subject to the citizenship laws of foreign nations is ludicrous and absurd.

Since 1920 & the right of women to vote, our country’s basic foundation, the family as “One” standing under one allegiance, has been usurped by statute law. Women already had citizenship. Voting is not a fundamental right, it is a privilege. I am a woman & I am sick of the feminist movement. There are certain things in nature that are vital to the preservation of a society/nation and that is unified allegiance of all households. When a man & woman get married they become “One” in the eyes of the law and this includes allegiance to the society in which they have their main domicile. Supreme Court Justice James Wilson, 1791:

[T]hat important and respectable, though small and sometimes neglected establishment, which is denominated a family…[The family is] the principle of the community; it is that seminary, on which the commonwealth, for its manners as well as its numbers, must ultimately depend. As its establishment is the source, so its happiness is the end, of every institution of government, which is wise and good

[T]he most important consequence of marriage is, that the husband and the wife become in law only one person… Upon this principle of union, almost all the other legal consequences of marriage depend. This principle, sublime and refined, deserves to be viewed and examined on every side.

Children are a consequence of marriage, therefore they become in the eyes of the law part of that “One” union.

Jus sanguinis” & the law of “parens patriae” and the effect of statelessness should children find themselves born without the soil (jus soli) of the parents is the common law of nations.

The 14th Amendment requires “exclusive allegiance” to the United States either at birth or at the time of naturalization. All others are aliens in the eyes of the law of the US Constitution.

Harvard Law agrees with my assessment. The Harvard & Michigan Law Reviews used by SCOTUS are copyrighted and thus I am not able to publish the pdf’s. Those with Hein-online access will be able to access the entire documents:

http://constitutionallyspeaking.wordpress.com/2011/04/06/natural-birthright-citizenship-birthright-of-blood-according-to-english-common-law/

See also the official government notices published nationwide by the Buchanan Administration. These documents were the founding documents for the 1866 Civil Rights Act which later was Constitutionalized as the 14th Amendment, the 1868 Expatriation Act(also still law, it is the authority for the oath of allegiance all naturalized citizens must take) as well as the 1870 Act passed to enforce the 14th Amendment and the basis of all citizenship treaties with all foreign nations since then. Click the link for each pdf file to save a copies of them. The state legislators need these documents to enforce their new election laws pertaining to constitutional eligibility:

http://constitutionallyspeaking.wordpress.com/2011/03/17/subject-to-the-jurisdiction-you-cant-have-it-both-ways/

Natural Birthright Citizenship: Birthright of Blood According to English Common Law

My research has finally come full circle with an absolute and irrefutable conclusion and I want to thank all the patriots whom inspired me to research “out of the box”.

As I had already reported in my Congressional “Natural Born Citizen” series, in 1987 Michael Greve of the ‘Reason Magazine’ wrote that Prof. Lawrence Tribe is

[n]otorious for urging judges to go boldly where none have gone before…[T]ribe’s pretenses are a thin cover for their effort to mobilize the Constitution for left-liberal causes

As we already know, Lawrence Tribe was Obama’s law professor at Harvard whom Obama supposedly did extensive research for. What I conclude with, is research from the Harvard Law Review archives. Research that neither Tribe or Obama hoped would become public knowledge. For if this legal information cited by the US courts did become public; it would have immediately crushed Obama’s eligibilty for the presidency. And that is why, when it came to testimony for S.Res. 511, “A Bill Proclaiming John Sidney McCain III a natural born citizen“, Tribe was called in to give obfuscation to the exact meaning and intent of Article II qualifications for the presidency.

As I have said, the key to defining who the citizens are lies within the 14th Amendment phrase “subject to the jurisdiction thereof” and more specifically, what “jurisdiction” does it pertain to? Therein lie the question which must be answered. And as I have previously reported, the US Supreme Court has stated that unless otherwise specified in the Constitutional Amendment itself or in subsequent legislation, jurisdiction cannot have conflicting consequences. It cannot have one meaning for persons born and another for persons naturalized. The subsequent legislation, the 1868 Expatriation Act, passed just days after the 14th was ratified defined what the term jurisdiction in the 14th pertained to. It is political jurisdiction, owing exclusive allegiance to the United States, the same as it had been since the revolution. But how do we know this? By researching “out of the box” that’s how.

The legal premise that the founders grounded the revolution on was the “inalienable right of expatriation” that every person is born with.

Declaration of Independence ; July 4, 1776

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 governed.

Expatriation Act July 27, 1868

Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness

Expatriation is a God-given right that no man can take from another. And while there are plenty of revolutionary era documents supporting this, for the purposes of eschewing todays leftist propagandists like Tribe, the lame stream media & the Obama camp, who see only a revisionist theory based on their interpretation of what the United States future should look like. I will keep my argument within the scope of the 14th Amendment & the 1868 Expatriation Act ,which is still on the books and which gives Congress the legal authority to continue to require that all naturalized citizens must formally swear an oath renouncing & abjuring forever any & all foreign allegiances. This will also include the official US Government documents, with current supporting legal references, that contain the meaning of language of the 14th & the Expatriation Act. These 2 laws cannot be defined exclusively, they must be defined inclusively otherwise they completely cancel each other out leaving both of them wholly unconstitutional & without authoritative legal weight for the Federal or State governments & courts to act upon.

After decades of foreign nations, but especially those under British feudal law, ignoring this right of expatriation, the Buchanan Administration put out two official releases(9 Ops. ATT’Y GEN. 3.56 (1859)) which stated:

 “The question then arises, what rights do our laws confer upon a foreigner by granting him citizenship? I answer, all the rights, privileges and immunities which belong to a native-born citizen, in their full extent with the single qualification that under the constitution, “no person except a natural born citizen is eligible to the office of President…”

“Here none but a native can be President…A native and a naturalized American may therefore go forth with equal security over every sea and through every land under Heaven…They are both of them American citizens, and their exclusive allegiance is due to the Government of the United States. One of them never did owe fealty elsewhere, and the other, at the time of his naturalization…threw off, renounced and abjured forever all allegiance to every foreign prince, potentate, State and sovereignty whatever, and especially to that sovereign whose subject he had previously been.”

These official releases were used by Congress who authored the legislation & later the Courts in defining the words set forth in the 1866 Civil Rights Act which later became the 14th Amendment as well as the 1868 Expatriation Act. The US government declared once and for all that exclusive political allegiance to the United States government is what makes a citizen. A person can be born a native to the soil and yet not be a citizen because upon their birth, they did not owe exclusive allegiance to the US Government. They were considered inhabitants either here permanently or temporarily depending in status of their parents at the time of birth. Only if the parents became naturalized prior to the child turning 21, or upon the child acting on their own accord at or after the age of 21 do they become legally & officially a US citizen.

So what has all this got to do with the 14th & the Expatriation Act? Fast forward to 1922 the US Assist Solicitor General, Richard W. Flournoy, citing ATT’Y General Black.

Attorney-General Black, whose opinion of July 4, 1859, concerning the case of Christian Ernst, a naturalized American citizen of Hanoverian origin who was arrested upon his return to Hanover, has become a classic on this subject. It seems worth while to quote from this notable opinion:

“The natural right of every free person, who owes no debts and is not guilty of any crime, to leave the country of his birth in good faith and for an honest purpose, the privilege of throwing off his natural allegiance and substituting another allegiance in its place—the general right, in one word, of expatriation—is incontestible. I know that the common law of England denies it; that the judicial decisions of that country are opposed to it; and that some of our own courts, misled by British authority, have expressed, though not very decisively, the same opinion. But all this is very far from settling the question. The municipal code of England is not one of the sources from which we derive our knowledge of international law. We take it from natural reason and justice, from writers of known wisdom, and from the practice of civilized nations. All these are opposed to the doctrine of perpetual allegiance. It is too injurious to the general interests of mankind to be tolerated; justice denies that men should either be confined to their native soil or driven away from it against their will.”

Under the oppressive feudal law of perpetual allegiance, subjects had to get permission from the Sovereign, the King, before traveling outside of the limits of the territory. Everywhere they traveled, their allegiance and that of their children whether born in or out of the territorial confines of the Crown, was due first and foremost to the Crown. Likewise, children born to aliens within the territorial limits of the Crown owed fealty first to the Sovereign Crown and could not leave the limits of the territory without express permission from it.

This is not, nor ever has been the rule of law in the United States since the revolution. When independence was declared, the founding fathers declared that, from that moment on, the individual is Sovereign and needs no permission from the government to travel from state to state, or country to country. The fact that passports are required is so that while traveling outside of US territory, one has an official document stating that they are a US citizen and therefore the US Government has the right,  under the law of nations, to step in to protect them legally should the need arise as it did in the Ernst case. This sovereignty was expressed in no uncertain terms within the confines of US Constitution.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America…

Article IV, Section. 2.The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States

Throughout the early 20th century after the WKA decision was handed down by the US Supreme Court, by a Justice whose own appointment was questionable, many changes were made to the US Code. However, one thing that has remained constant is the oath that all foreigners must take before becoming a US citizen. Since WKA relied so heavily on English feudal law for its decision, what was the real original common law of England pertaining to those who were the sovereigns of the nation? For that we go to the Michigan Law Review (50 Mich. L. Rev. 927 1951-1952) that is cited by Harvard law professors.

 The result of the principal case is to limit the category “natural born” to those who become citizens under the doctrine of jus soli; this makes it co-extensive with the term “native born.” Of importance in this problem is whether these children took the nationality of their parents at common law, for if they are citizens by virtue of their birth and without the aid of statute, then certainly they are “natural born” and not “naturalized” citizens. In most continental European countries the doctrine of jus sanguinis is applied. England follows the same rule, both by virtue of the common law and under a declaratory statute of 1350 guaranteeing such application. As a result, it is generally concluded, despite occasional dissent,” that jus sanguinis was the common law doctrine. (8 1 Willoughby, The Constitution §202 (1922); Flournoy and Hudson, Nationality Laws (1929); Harvard Research in International Law on Nationality, 23 AM. J. INT. L., Spec. Supp. 80 (1929).

In the 50’s, there was still speculation as to whether a person born in a US territory, but not yet a state, could become president. There were also surmounting concerns over the dual nationality that children born on US soil to parents, either of whom were foreigners, but not diplomats, claimed to have because of the erroneous decision sent down by the Supreme Court in the 1898 WKA case. The one constant that the US had to rely on was not that of the soil, but that of the blood & of the 1868 Expatriation Act. Had WKA removed himself from the US after that decision, the fact that he had formally renounced the allegiance to China that he had at birth, is what gave him his right to his citizenship. At the coming of age, he made a declaration as to which country he wished to attach his allegiance to before the US State Dept. issued him a passport.

These questions would once again be laid to rest by Harvard (66 Harv. L. Rev. 707 1952-1953) and their repeated reference back to the 1859 OP released by the Buchanan Administration and ATT’Y Gen Black.

For most purposes, it is not necessary to determine the method by which citizenship has been acquired. But the problem of whether a citizen is natural born or naturalized is important in such areas as denaturalization, expatriation, and qualification for certain offices such as the presidency. (For a discussion of the distinctions made in expatriation, see pp. 739-42 infra.)

When a person is a citizen by jus sanguinis, is he natural born or naturalized? The answer. to this question will determine the applicability of certain expatriation provisions and the citizen’s qualification for the presidency. Some courts, relying on dicta in United States v. Wong Kim Ark equating natural born with native born, have indicated that those who claim citizenship solely by parentage are naturalized citizens. But this conclusion seems opposed to the common law concept -which may be assumed to be written into the constitutional requirements for the presidency -that jus sanguinis confers naturalborn citizenship. (See 5o Mich. L. REV. 926 (1952).)

Only persons who held an allegiance to a foreign nation either at birth or naturalization are subject to deportation, because that person did not owe exclusive allegiance to the United States at either time. So how did Harvard determine who could & who could not lose their citizenship? For that we go to 73 Harv. L. Rev. 1512 1959-1960.

…later there was considerable controversy whether aliens who became American citizens could effectively cut their original ties. This was a different issue from that discussed in Perez and Trop. The earlier controversy resulted in the celebrated opinion presented by Attorney General Black to President Buchanan, and the Expatriation Act of 1868,” both upholding the individual’s right of expatriation. The vigor of the American point of view had its effect upon Great Britain, where in 1869 a Royal Commission recommended the end of a system of perpetual allegiance. (9 Ops. ATT’Y GEN. 3.56 (1859). Act of July, 27, I868, ch. 249, I5 Stat. 223.)

A person born with conflicting allegiances, and who has never formally renounced & abjured one of those allegiances they claim to have, will not be left stateless. The big claim that the progressive revisionists make in their court arguments today is that somehow a child born on US soil to foreigners will be left stateless. This simply is not true. The revisionists use the argument to inject emotion & fear to further their cause which is to establish global citizenship, where there are no borders between nations. In other words, they are using our republican form of government to establish a “Global Republic” under one government of the United Nations.

So folks, it isn’t the government who forms (births) the citizens, it is the people themselves who’s inalienable right of expatriation gives them the right to choose which government they will attach their allegiance to. And since children at birth or prior to the age of consent (21) are not able to do so legally, they are therefore under their parents governance as well as the governance of the government in which the parents owe allegiance to. Their nationality & allegiance is that of their parents.

Under the laws of nations from time immemorial, their nationality follows that of their fathers.

 Under the laws of nations from time immemorial, a family is a unit comprised of but one allegiance, that of the husband/father. This is necessary for the survival & preservation of all civilized societies, but especially that of a Republic. A doctrine that has been written down from time immemorial.

Sovereign birthright citizenship is the common law “Right of Blood” in which every King of England depended upon to preserve to their posterity, their right to the Sovereign throne & the right to govern the kingdom. Since the July 4, 1776  Declaration of Independence & the ratification of the US Constitution, this birthright citizenship has belonged exclusively to the children, the posterity, of United States citizens.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

This right does not, nor ever has it ever belonged to the children of foreigners who by chance are born on US soil, regardless or not that the parents happen to be diplomats . At birth, their primary fealty is to the foreign government of their parents’ allegiance & that allegiance is what establishes their nationality at birth.  Therefore, as Supreme Court Justice Waite, in Minor v Happersett, as well as Justice Grey, in Elk v Wilkins concluded, there are but two paths the citizenship, either by birth or by statute. Children who are born to an alien father/mother on US soil, are citizens by statute, not by birth. Their citizenship is one of election upon renunciation of the foreign allegiance should they so choose to claim it and by this fact alone, a loss of US citizenship could never deem them stateless.

Linda Melin, citizen researcher

Copyright 2011 : This article may not be reprinted for distribution or cross-posted on the internet without the express consent of and attribution to the author.

Why “ALL STATES” Need to Adopt Presidential “Eligibility Credential” Election Laws

Let me set the stage with “Propaganda: A Primer by Mark Levin”  (1 min 8 sec)

While the rest of the lame stream media & blogoshere have been trotting out Donald Trump and his birth certificate, they have failed/purposefully glossed over the immediate Constitutional issue . . . “natural born citizen”. Now don’t get me wrong, I think it is great that Trump has elevated this issue into the lame stream alphabet media, however that media is still pulling one over you.

Rewind to last Saturday night.  Mike Huckabee formally discloses, with a rather flippant attitude, the fact that neither the DNC, GOP, the US Congress or any of the states currently require that a presidential candidate must provide proof of “natural born citizenship”. Or for that matter, any citizenship at all. 

The only aspect of a presidential candidate’s life they are required to disclose is their financial history. WHAT? FINANCIAL DISCLOSURE? WHERE IS THAT REQUIREMENT IN ARTICLE II, SEC I OF THE CONSTITUTION?

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.

Arizona has the best legislation thus far  for determing the citizenship of all candidates. It requires everything needed for the AZ SOS to determine the eligibility of the candidate. It also contains protection for each & every registered voting AZ citizen to challenge a candidates eligibility within a reasonable period of time. The pertinent points are as follows:

16-507.01.  Presidential candidates; affidavit of qualifications; enforcement

B.  The affidavit prescribed in subsection A shall include references to and attachment of all of the following, which shall be sworn to under penalty of perjury:

1.  A certified copy of the presidential candidate’s long form birth certificate that includes at least the date and place of birth, the names of the candidate’s mother and father, including information sufficient to determine the citizenship of both parents, the names of the hospital and the attending physician, if applicable, and signatures of any witnesses in attendance.

D.  A member of the house of representatives, a member of the senate or any other citizen of this state has standing to initiate an action to enforce this section.”

Today, Leo Donofrio published his latest research. In that research is reference to a 1968 US Supreme Court 14th Amendment case that clarifies what authority the states have in regards to interpreting the US Constitution and passing laws to ensure that the US Constitution is being upheld. The specific part of Justice Black’s concurring opinion of Justice White’s deciding opinion states:

Duncan v. Louisiana, 391 U.S. 145 (1968)

“Professor Fairman’s “history” relies very heavily on what was not said in the state legislatures that passed on the Fourteenth Amendment. Instead of relying on this kind of negative pregnant, my legislative experience has convinced me that it is far wiser to rely on what was said, and, most importantly, said by the men who actually sponsored the Amendment in the Congress. I know from my years in the United States Senate that it is to men like Congressman Bingham, who steered the Amendment through the House, and Senator Howard, who introduced it in the Senate, that members of Congress look when they seek the real meaning of what is being offered. And they vote for or against a bill based on what the sponsors of that bill and those who oppose it tell them it means.” (Emphasis added.)

I have read the opinions and it is very clear that the states do have constitutional authority to interpret the term “natural born” as it was defined by Bingham & Trumbull who were the authors who submitted the amendment in their respective chambers of Congress. Bingham in the House & Trumbull in the Senate. According to the US Constitution, it is the states who are the sole protectors of the ballot. Therefore, any laws that are in compliance with the US Constitution are themselves constitutional. Including laws governing eligibility credentials.

How sad is it, that today we live in such a morally corrupt era, one can not trust that any given candidate is going to have the integrity & honor of former generations. The kind of integrity & honor that this great nation was built upon. But not only the candidates, we can not even trust our own state elected officials to do their job to ensure the integrity of our ballots.

click on photo for a larger view

I have already reported how former SOS Chris Nelson accepted & certified the nomination of Obama & Biden without any shred of evidence they were even eligible. Neither the State or National DNC, in which Nelson relied upon by faith not fact, certified that the persons they nominated were eligible under the provisions of Article II, Sec I of the United States Constitution. However in 2000 & in 2004, the DNC certification of nomination did contain the required language.

2000/2004/2008 HI Democratic Certifications of Nomination for Presidential Candidates (funny business going on in Hawaii)

WHY THE CHANGE? WHY THE REMOVAL OF THE QUALIFICATION LANGUAGE? WHY THE SAME LANGUAGE FOR ALL 50 STATES IN 2000 & 2004, BUT NOT IN 2008?

Is this the new kind of integrity level for state elected officials, both public & party?

 2012 is going to be upon us very soon. What are you going to do to protect your state’s ballot from ineligible candidates? In 2008  Roger Calero, a green card holding alien from Nicaragua  and member of the Socialist Workers Party (communist party), was on the Presidential ballots in 5 states where he received 7,209 votes. He originally was on the ballot in 12, however was removed from 7 and replaced by another SWP member James Harris who received 2,424 votes. The states that allowed Calero, a Nicaraguan National, to remain on the ballot despite complaints to the Secretary of State in those states prior to the election were: CT, DE, VT, NJ, NY & Minnesota. 

2008 Governor of Minnesota & 2012 presidential hopeful, Tim Pawlenty, thinks presidential qualifications are a “DISTRACTION”.  And he also thinks that already debunked CNN reports are the almighty gospel truth:

So, just how reliable is Pawlenty’s CNN?

UPI NEWS: CNN Chief: Obama birth story ‘dead’; Published: July 24, 2009 @ 8:02 PM

NEW YORK, July 24 (UPI) — CNN/U.S. President Jon Klein told staffers of “Lou Dobbs Tonight” the controversy over President Barack Obama’s birth certificate is a “dead story.”

Klein wrote in an e-mail to staffers Thursday that CNN researchers had determined Hawaiian officials discarded paper birth documents in 2001. Thus, he said, Obama’s long-form birth certificate no longer exists, and a shorter certificate that is public is the official record. 

Umm, I thought I just heard Pawlenty say that he heard on CNN that they had actually saw the original long form document? Let me check? Yep, he sure did. Now since Klein wrote his staff in a ‘super secret’ e-mail that the original long form had been destroyed in 2001(how convenient), how could they have actually seen it? Does Jon Klein & the CNN research staff have some ‘futuristic-super-dooper’ telepathy that allows them to see documents that were supposedly destroyed 10 years ago?

The truth is, Hawaii still maintains all the archived documents from 1961. If Obama’s original long form exists, it would take but a 5 minute call to have it released. The truth is, per order from Klein, the CNN staff of “propagandists” have been lying to the American public since the eligibility questions all began in 2007. But it’s not just CNN having all their fun at our expense, NPR has been at it for years now too. I ask you, is this how our tax dollars are suppose to work? NPR”S astonishing admission comes at 1:38 into the video:

 
FYI to NPR: It was “Hillary” supporters who began the investigations into Obama’s birth back in 2007, not conservative commentators & their followers
 
It is now 2011 and Barack Hussein Obama-Soetoro-Soebarkah-Obama has yet to prove his eligibility because Secretaries of State across the nation failed to do their job which is to protect the integrity of our ballots.
 
Stop and ask yourself one question: “Are you willing to risk going into 2012 relying purely on political blind faith in an age where each & every day politicians, as well as failing alphabet media “propagandists” prove how morally bankrupt they are?”
 

Did Common Law Really Grant Automatic US Citizenship Upon Birth Regardless Of Parentage? Part II (Bumped)

At the time of the revolution, citizens either renounced their ties to the English crown, taking up their arms and joining the cause for freedom, or they held fast to English Monarchy and took up their arms and joined the British army. The only middle ground during the revolution was for those that deserted the British army to join the cause for freedom and remained loyal to the end of the revolution.

After that bloody war was over and the United States were free from the feudal form of government & Orwellian laws of England, the founding fathers set out to draft a new constitution, with limited powers for a national government, to replace the current Articles of Confederation which were hindering interstate commerce & citizenship travel due to the lack of a set of uniform laws. From the time of the Declaration of Independence to the passing of the US Constitution in 1789, the Articles of Confederation, which included extremely limited powers to a national congress, allowed for each state to adopt and enforced their own individual laws regarding property, commerce & citizenship.

From the founding, American citizenship is something every stifled subject of some foreign oligarchy dreams of acquiring and for most that have acquired American citizenship either by emigrating & going through naturalization or being born to those emigrants, they never let go of that pride and patriotism, making sure future generations would learn & know what it meant to be an American.

In the new country, the citizens were sovereign. The government of the people, by the people, for the people was adopted to ensure true freedom for all citizens for all time. Well, that is for all time that they worked earnestly to ensure it.

As a protection against foreign influences & intrigues, the founding fathers carefully and diligently worked to draft a constitution that would protect this from happening. Strict requirements were put in place for anyone who wished to attain to elected positions in the national government.  The President, Vice President, Senator or Congressman must have reached a certain age as well as had residency in the US for a number of consecutive years prior to attaining election to office. Then we get to citizenship. The president must be a ‘natural born’ citizen or a citizen of the United States at the time of the adoption of the constitution, however, Senators & Congressmen merely needed to be a citizen, so what is the difference. Why the 2 distinct verbiages?

To that, one only needs to go back to the debates of the Continental Congress & the Federalist Papers. Congress was comprised of many but the Executive was only comprised of 2. There was less chance for mischief to arise if only a couple of the elected officials in Congress were naturalized from foreign nations, however with only 2 in the Executive, there clearly was a need for more stringent requirements to guard against foreign influences & intrigues.

So, how do we define the difference between ‘citizen’ & ‘natural born’ citizen? Liberal constitutional scholars and progressive legalese rely on English common law that was in place prior to the revolution. Their interpretation is that if you are born of the soil, you are a natural born citizen and they wallow in diluted elitism by citing historical foreign law & case precedent, when in fact there is plenty of American law & legal case history for one to learn from.  Now, as I have said before, to think that the founding fathers & patriots fought a bloody war only to adopt the same definition of citizenship that they were oppressed under by the English Monarchy is to believe that there never was a bloody war to gain freedom from it. The feudal form of government that the British adopted did not allow for natural rights for all citizens. All rights were granted to the people by the government of the Monarchy, the Monarchy was the sovereign not he people. In the very 1st US Supreme Court decision (Chisholm v. Georgia) written by Chief Justice John Jay, we find our 1st clue as to the type of citizenship the founding fathers adopted for the new nation:

[T]he sovereignty of the nation is in the people of the nation, and the residuary sovereignty of each State in the people of each State…

[A]t the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects…]

Chief Justice John Jay was also the person who sent this historical letter to George Washington the summer of 1787 before the constitution was finalized:

[Permit me to hint whether it would not 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 command in chief of the American army shall not be given to, nor devolve on any but a natural born citizen.]

So, if the people are the sovereigns, not the government, then where did the definition come from? For that we go to the very 1st commentaries on US law, Lectures on Law by Justice James Wilson, 1791. In the lectures Wilson expounds heavily on early philosophers and the different forms of government from the earliest of times that have been recorded. When he finally gets to discussing the laws adopted by the Continental Congress and ratified by the states, he writes:

The law of nature, when applied to states and political societies, receives a new name, that of the law of nations. This law, important in all states, is of peculiar importance in free ones. The States of America are certainly entitled to this dignified appellation…But if the knowledge of the law of nations is greatly useful to those who appoint, it surely must be highly necessary to those who are appointed…As Puffendorff thought that the law of nature and the law of nations were precisely the same, he has not, in his book on these subjects treated of the law of nations separately; but has every where joined it with the law of nature, properly called so…the law of nature is applied to individuals; the law of nations is applied to states.

Natural law did not always elude that of the Monarchy though. Early definitions of ‘natural born’ subject confined it to children born to parents, both of whom were ‘natural born’ subjects. However, to replenish their depleting armies from the many wars & to increase the Treasury, the Monarchy expanded the definition of ‘natural born’ subject to include  all children born on the soil, regardless if the soil was that of England, provided that the father was a natural born subject. For foreigners whose children by chance were born on English soil, the Monarchy also laid claim to them. This is the feudalism form of government commonly known as a democracy or dictatorship. The reasoning of today’s progressives that any child born on US soil, regardless of parentage, is thusly a ‘natural born’ citizen of the US is not the original definition that was initially adopted by the Monarchy and the definition that the founding fathers were highly learned in.

So what did the law of nations say as to who were the citizens of a nation?

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.

According to natural law which is that of the law of nations children follow the conditions of the father. But was this really the law adopted by the US? The 1866 act passed by congress stated:

“All persons born in the United States, and not subject to any foreign power excluding Indians not taxed, are hereby declared to be citizens of the United States.”

In 1885, US Secretary Of State under Grover Cleveland, Thomas Bayard, decided  that ‘the son of a German subject, born in Ohio, was not a citizen under the statute or the Constitution, because “he was on his birth ’subject to a foreign power,’ and ‘not subject to the jurisdiction of the United States’ Thomas Bayard was the fourth generation of his family to serve in the U.S. Senate and was considered a prominent Bourbon Democrat.

Another interesting thesis  I recently had the pleasure of finding in historical archives is one of a George H. Yeaman, another constitutional scholar from the mid-late 1800’s who certainly would have been familiar with Kent, Story & Wilson’s works which were the only American works for law students to study during that time. Yeaman was the US Minister to Copenhagen from 1865-1870 and was also a professor of law at Columbia College. In 1867 Yeaman wrote a thesis titled:  Allegiance and citizenship: An inquiry into the claim of European Governments to Exact Military Service of Naturalized Citizens of the United States. In the thesis, Yeaman writes of the unconstitutionality of dual citizenship and its ill effects on sovereign citizens & the continued existence of our sovereign nation.

To quote from American writers and statesmen who maintain the liberal view on this subject would be to incur the objection of attempting to sustain our position by our own authorities. To accept as law the opinions of those  modern European writers who have maintained the theory of  indissoluble allegiance and continuing, unavoidable duty to serve the crown, would be to yield the contest for truth and right, to those who discover a supposed interest in. maintaining what we hold for error. It will be far more satisfactory to rely upon general principles, and, so far as authority is invoked, to seek for it in the works of those great European masters of the Laws of Nature and of Nations who built up and illustrated the science of which they are the acknowledged fathers…

Vattel discusses the matter more explicitly than any who had preceded him in the science of natural and public law and international jurisprudence…

every man, on coming of age, may determine for himself if his interest is to remain a member of the society in which he was born…

writers, statesmen, diplomats, and legislators who have treated allegiance, which is imposed by the accident of birth, as an indestructible tie, have labored against reason, against nature, against the highest authority and against common sense practical to mankind. The states which adopt this theory are far municipal regulations, an extraterritorial effect, in this, that though they may enforce them against those who under the laws of nations does not subject a foreigner to any but the command of his own government…

Progressive scholars and legalese of today would like you to believe that since the term ‘native-born’ was often spoken when discussing and writing about the presidential qualification, those scholars were inherently implying that the term native as adopted merely meant born and had nothing to do with allegiance.

Enter James Kent, who was the 1st professor of law at Columbia College from 1793-1798 during which time he also resumed his seat at the NY state assembly. In 1798 Kent then went on to serve as a Justice on the NY State Supreme Court where he became the Chief Justice in 1804. Here is the Kent citing that the very liberal progressives want you to see and uses adnausium.

“As the President is required to be a native citizen of the United States…. Natives are all persons born within the jurisdiction of the United States.” James Kent, COMMENTARIES ON AMERICAN LAW (1826)

The progressives cite from 2 completely different sections in Kent’s commentaries as if the above phrase was all part of the same section. What they do not tell you is that the latter part, natives are all persons born within the jurisdiction of the United States is cited from Kent’s lecture on A1, S8, C4, the power granted to Congress to establish an uniform Rule of Naturalization.

The actual text of Kent’s commentary on the qualifications for president taken from Kent’s original works, not cites from unknown sources and taken out of the original context, state something quite different.

(2.) The constitution requires that the President shall be a natural born citizen, or a citizen of the United States at the time of the adoption of the constitution, and that he shall have attained to the age of thirty-five years, and shall have been fourteen years a resident within the United States. Considering the greatness of the trust, and that this department is the ultimately efficient executive power in government, these restrictions will not appear altogether useless or unimportant. As the President is required to be a native citizen of the United States, ambitious foreigners cannot ; intrigue for the office, and the qualifications of birth cuts off all those inducements from abroad to corruption, negotiation and war, which have frequently and fatally harassed the elective monarchies of Germany and Poland, as well as the Pontificate at Rome… (James Kent, Commentaries on American Law, Part II: Of the Government and the Jurisprudence of the United States, 1826) 

Lets break it down:

As the President is required to be a native citizen of the United States, ambitious foreigners cannot; intrigue for the office ( here he is speaking of the grandfather clause ( a citizen at the time of the adoption of the constitution),

Then he goes onto part II:

and the qualifications for birth (natural born citizen) cuts off all those inducements from abroad to corruption, negotiation and war,

There you have it. As the President is required to be a native citizen AND the qualifications for birth. Kent was talking about each qualification respectively, not inclusively.

As you can see, the progressives go to great lengths to twist and turn the truth with no regard as to the law. Liberal progressive legal scholars believe that the meaning of the words written in the constitution are ever changing and that the constitution itself is a living, breathing blank vessel for liberal interpretation. The radically progressive Professor of law at Harvard, Laurence Tribe, writes in the opening of his newest book that [i]nterpreting the constitution is an ‘equal-opportunity’ reality that is not confined to the text of the document.]

Moving on, under the progressive interpretation of ‘native’, which is that of the feudal form of government, mere chance of birth on the soil is equivalent to perpetual allegiance. So was this really the case? Let’s continue with the Commentaries of James Kent, who wrote about just exactly what the term ‘natives’ meant. This is the actual text of the above mention cite the progressives had you believe was under qualifications for president, when in fact it is found under immigration & naturalization.

James Kent, Commentaries  1:397–98; 2:33–63(1826-1827)

We are next to consider the rights and duties of citizens in their domestic relations, as distinguished from the absolute rights of individuals, of which we have already treated. Most of these relations are derived from the law of nature, and they are familiar to the institutions of every country, and consist of husband and wife, parent and child, guardian and ward, and master and servant. To these may be added, an examination of certain artificial persons created by law, under the well known name of corporations. There is a still more general division of the inhabitants of every country, under the comprehensive title of aliens and natives, and to the consideration of them our attention will be directed in the present lecture.

(1.) Natives are all persons born within the jurisdiction of the United States. If they were resident citizens at the time of the declaration of independence, though born elsewhere, and deliberately yielded to it an express or implied sanction, they became parties to it, and are to be considered as natives; their social tie being coeval with the existence of the nation. If a person was born here before our independence, and before that period voluntarily withdrew into other parts of the British dominions, and never returned; yet, it has been held, that his allegiance accrued to the state in which he was born, as the lawful successor of the king; and that he was to be considered a subject by birth. It was admitted, that this claim of the state to the allegiance of all persons born within its territories prior to our revolution, might subject those persons who adhere to their former sovereign, to great inconveniences in time of war, when two opposing sovereigns might claim their allegiance; and, under the peculiar circumstances of the case, it was, undoubtedly, a very strong application of the common law doctrine of natural and perpetual allegiance by birth. The inference to be drawn from the discussions in the case of M’Ilvaine v. Coxe, would seem to be in favour of the more reasonable doctrine, that no antenatus ever owed any allegiance to the United States, or to any individual state, provided he withdrew himself from this country before the establishment of our independent government, and settled under the king’s allegiance in another part of his dominions, and never afterwards, prior to the treaty of peace, returned and settled here. The United States did not exist as an independent government until 1776; and it may well be doubted whether the doctrine of allegiance by birth be applicable to the case of persons who did not reside here when the revolution took place, and did not, therefore, either by election or tacit assent, become members of the newly created state.The ground of the decision in the latter case was, that the party in question was not only born in New-Jersey, but remained there as an inhabitant until the 4th of October, 1776, when the legislature of that state asserted the right of sovereignty, and the claim of allegiance over all persons then abiding within its jurisdiction. By remaining there after the declaration of independence, and after that statute, the party had determined his right of election to withdraw, and had, by his presumed consent, become a member of the new government, and was, consequently, entitled to protection, and bound to allegiance. The doctrine in the case of Respublica v. Chapman, goes also to deny the claim of allegiance, in the case of a person who, though born here, were not here and assenting to our new governments, when they were first instituted. The language of that case was, that allegiance could only attach upon those persons who were then inhabitants. When an old government is dissolved, and a new one formed, “all the writers agree,” said Ch. J. M’Kean, “that none are subjects of the adopted government who have not freely assented to it.” The same principle was declared by the Supreme Court of this state, in Jackson v. White… 

According to Kent, the ‘natives’ were the adults who elected to renounce the Monarcy and take allegiance with the new nation of the United States and as so went their allegiance, so went that of their wives & children.

Looking into the legal definition of the terms that are used by the early scholars that were taken from the law of nations also helps us to understand what the original intent of the founding fathers of the meaning of ‘natural born’ citizen was is also a task one cannot divest themselves of.

tacit: Implied, inferred, understood without being expressly stated

assent: An intentional approval of known facts that are offered by another for acceptance; agreement; consent

Children at birth can not speak their consent to be a citizen and as it was in England and all nations at the time of the adoption of the constitution, it was the father who gave the consent for the child to be a citizen unless the child be born out of wedlock and if the father made no claim to the child prior to the child coming of age..

[A]s the child ascends from the father, so does his citizenship through tacit assent] as stated by Kent. Therefore the children become citizens of the society in which their fathers are citizens.

I also had a hard time conclusively finding specific government documentation of this that was not mere debate of congress or declarations made by those that drafted the 1866 Act, the 14th and the Expatriation Act of 1868. The halls on the online Library of Congress are exhaustive. One has to look at all the laws pertaining to all US citizenships to find a conclusive definition for ‘natural born’ citizen as required in Article 2, Section 1, Clause 5 of the Constitution.

The 1st finding came at a genealogy page in the National Archives on the history of immigration and its laws. For years now we have been stating that at the time of the adoption of the constitution, women & children followed that of the husband and father which is that of the laws of nations. Children of unwed mothers followed the condition of the mother which was that of her father and to this we now have government confirmation.

Naturalization Act of 1790 (1 Stat. 103)

The 1st major exception to this 1790 Act was that “derivative” citizenship was granted to wives and minor children of naturalized men. From 1790 to 1922, wives of naturalized men automatically became citizens. This also meant that an alien woman who married a U.S. citizen automatically became a citizen.

(Conversely, an American woman who married an alien lost her U.S. citizenship, even if she never left the United States.) From 1790 to 1940, children under the age of 21 automatically became naturalized citizens upon the naturalization of their father.

Further confirmation comes from the SoundexIndex to Naturalization  Petitions for the United States District and Circuit Courts, Northern District of Illinois, and Immigration and Naturalization Service District 9 (1840-1950)

Under the section on the background of Naturalization . . . .” (A1, S8, C4) this official government document states that:

Married women and children under the age of twenty-one derived citizenship from their husband or father respectively. Children of unsuccessful applicants could apply for citizenship in their own right, at the age of twenty-one.

Illinois state voting law in 1919, which could not supersede the requirements for citizenship that was laid out in the US constitution stated that:

A woman born in the United States of foreign parents, regardless of whether either of her parents was naturalized, is a citizen, unless such parents were temporarily in the United States. (see above naturalization of children born on US soil to foreign parents after their coming of age) A woman citizen of the United States who marries an alien thereby forfeits her citizenship, whether such alien is a resident of the United States or not.

These official government documents conclusively support what we have been reporting and that is, at the founding of the United States there were 3 kinds of citizens. The natural born, children born to the US citizens that renounced the Monarchy after the Declaration of Independence and were subsequently the original native(inhabitant) citizens born on the soil, but some of the founding patriots were even native(inhabitant born overseas such as Hamilton) citizens by naturalization according to Supreme Court Justice Joseph Story, who was also the founder of Harvard Law School, in Volume 3, Section 73: § 1473 of his Commentaries on the Constitution, 1933:

It is indispensable, too, that the president should be a natural born citizen of the United States; or a citizen at the adoption of the constitution, and for fourteen years before his election. This permission of a naturalized citizen to become president is an exception from the great fundamental policy of all governments, to exclude foreign influence from their executive councils and duties. It was doubtless introduced (for it has now become by lapse of time merely nominal, and will soon become wholly extinct) out of respect to those distinguished revolutionary patriots, who were born in a foreign land, and yet had entitled themselves to high honors in their adopted country. A positive exclusion of them from the office would have been unjust to their merits, and painful to their sensibilities. But the general propriety of the exclusion of foreigners, in common cases, will scarcely be doubted by any sound statesman. It cuts off all chances for ambitious foreigners, who might otherwise be intriguing for the office; and interposes a barrier against those corrupt interferences of foreign governments in executive elections, which have inflicted the most serious evils upon the elective monarchies of Europe. Germany, Poland, and even the pontificate of Rome, are sad, but instructive examples of the enduring mischiefs arising from this source. (emphasis mine)

At the formation of a new nation, a citizen can be a native, but not all natives are citizens. Being a ‘native’, did not automatically make one a citizen according to Wilson, Kent & Story. Citizenship required complete allegiance and there was no law that allowed for one to retain the former while aligning with the latter. I also found it quite intriguing that everyone of these 1st scholars on American law & the US Constitution began their works by expounding on the Law of Nations as well as the different forms of government and that which was adopted by the United States was that of the Republic, not that of a Democracy.

In my previous series, The Congressional Natural Born Citizen, I laid  out dozens of attempts over the past 35+ years where Congress has attempted to change the qualification requirements for president as well as change the definition of natural born so that it includes children of not yet naturalized immigrants, whether they be here legally or not. Thanks to citizenscott, a commenter at The Right Side of Life (TRSOL), I now have another document to add to that file. It is a 1987  Oklahoma City University Law Review  wherein they conclude:

 [t]he natural born citizen qualification, although embedded into our Constitution, serves no useful purpose.

In 2008, another liberal progressive appeal  appeared titled: An Idea whose time has come—the curious history, uncertain effect, and need for amendment of the “NATURAL BORN CITIZEN” requirement for presidency by Lawrence Friedman. Mr Friedman lists many more congressional attempts to amend presidential qualifications. His list dates back to 1961 but he also brings to light another challenged candidate in the 20th century and he also has a funny notion of what makes law. Hmm…assumptions are now the rule of law?

It is now generally assumed that the term “natural born” is synonymous with “native born. 

Many progressives to this date, claim the need for the amendment is simply because the requirement that a President must be a natural born citizen is barbaric and does not reflect the view of the mainsteam US public today and they base their findings on assumptions; however it is not the law of assumptions that we are seeking to define & uphold. It is the written law at the time of ratification that definitively sets the requirements for president. The written law which is still in place today. As George Washington proclaimed in his farewell address:

If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution  designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield…

As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opinion, to influence or awe the public councils. Such an attachment of a small or weak towards a great and powerful nation dooms the former to be the satellite of the latter.

Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government

Real patriots who may resist the intrigues of the favorite are liable to become suspected and odious, while its tools and dupes usurp the applause and confidence of the people, to surrender their interests…

 

For more on the history on American Citizenship, Allegiance & American Law  please visit the Heritage Foundation.

 

 

Multiculturalism: A Plan To Destroy America aka American Suicide

Last night while listening the the free auto rewind of the Mark Levin Show, I was suddenly struck at how deep & for how long the statist aka progressive aka socialist aka marxist agenda had embedded itself into what we know as the Democrat Party as Mark read this revised speech by former Governor of Colorado, Richard Lamm (’75 – ’87) at the 2004 Immigration-Overpopulation Conference in Washington, D.C. The reading begins at 18:05 into the audio file embedded above.

Link to “I Have A Plan To Destroy America” by Richard Lamm which also includes the following cvommentary of the disgusting speech by Lamm:

AMERICAN  SUICIDE
         Wherever you stand, please take the time to read this; it ought to  scare the pants off  you!

         We know Dick  Lamm as the former Governor of Colorado (Democrat). In that context his  thoughts are particularly poignant. Recently there was  an immigration overpopulation conference in Washington, DC,  filled to capacity by many of America’s finest minds and leaders.   A brilliant college professor by the name of Victor Davis   Hansen  talked about his latest book, “Mexifornia,”  explaining how immigration – both legal and illegal was destroying  the entire state of California He said it would march across the  country until it destroyed all vestiges of The American  Dream.

         Moments  later, former Colorado Governor Richard D. Lamm stood up and gave a stunning  speech on how to destroy America. The audience sat spellbound  as he described eight methods for the destruction of the United  States. He said, “If you believe that America is too smug,  too self-satisfied, too rich, then let’s destroy America. It  is not that hard to do. No nation in history has survived the  ravages of time. Arnold Toynbee observed that all great civilizations  rise and fall and that ‘An autopsy of history would show that  all great nations commit  suicide.'”

         “Here is  how they do it,” Lamm said: “First, to destroy America, turn America  into a bilingual or multi-lingual and bicultural country.” History  shows tha! t no nat ion can survive the tension, conflict,
 and  antagonism of two or more competing languages and cultures It is a blessing  for an individual to be bilingual; however, it is a curse for a  society  to be bilingual. The historical scholar,  Seymour Lipset, put it this way: “The histories of  bilingual and bi-cultural societies that do not assimilate  arehistories of turmoil, tension, and tragedy.”  Canada, Belgium, Malaysia, and Lebanon all face crises  of national existence in which minorities press for autonomy,  if not independence. Pakistan and Cyprus have divided. Nigeria  suppressed an ethnic rebellion. France faces difficult times  with Basques, Bretons, and  Corsicans.”

         Lamm  went on: Second, to destroy America, “Invent ‘multiculturalism’ and  encourage immigrants to maintain their culture. Make it an article  of belief that all cultures are equal. That there are no  cultural differences. Make it an article of faith that the Black and  Hispanic dropout rates are due solely to prejudice and  discrimination by the majority. Every other explanation is out of  bounds.

         Third, “We  could make the United States an ‘Hispanic Quebec’ without much effort.  The key is to celebrate diversity rather than unity. As  Benjamin Schwarz said in the Atlantic Monthly recently:  “The apparent success of our own multiethnic and multicultural  experiment might have been achieved not by tolerance but by  hegemony. Without the dominance that once dictated ethnocentricity  and what it meant to be an American, we are left with only  tolerance and pluralism to hold us together.” Lamm said, “I would  encourage all immigrants to keep their own language and culture. I would!  replace the melting pot metaphor with the salad bowl  metaphor. It is important to ensure that we have  various cultural subgroups living in America enforcing  their differences rather than as Americans, emphasizing their  similarities.”

          “Fourth, I would make our fastest growing demographic group the least  educated. I would add a second underclass, unassimilated,  undereducated, and antagonistic to our population. I would have  this second underclass have a 50% dropout rate from  high school.”

          “My fifth point for destroying America would be to get big foundations  and business to give these efforts lots of money. I would invest in  ethnic identity, and I would establish the cult  of ‘Victimology.’ I would get all minorities to think that  their lack of success was the fault of the majority. I would start  a grievance industry blaming all minority failure on the majority  population.”

       “My  sixth plan for America’s downfall would include dual citizenship, and  promote divided loyalties I would celebrate diversity over unity.  I would stress differences rather than similarities. Diverse  people worldwide are mostly engaged in hating each other- that is, when they  are not killing each other. A diverse, peaceful, or  stable society is against most historical precedent.  People undervalue the unity it takes to keep a  nation together.  Look at the ancient Greeks. The  Greeks believed that they belonged to the same race;  they possessed a common Language and literature; and  they worshipped the same Gods. All Greece took part in the  Olympic games. A common enemy, Persia, threatened their liberty. !  Yet all these bonds were not strong enough to overcome two factors:  local patriotism and geographical conditions that  nurtured political divisions. Greece fell. “E. Pluribus  Unum” — from many, one. In that historical reality, if we put  the emphasis on the ‘Pluribus’ instead of the ‘Unum,’ we will  balkanize America assuredly  as Kosovo.”

          “Next to last, I would place all subjects off limits; make it taboo to  talk about anything against the cult of ‘diversity.’ I would find a  word similar to ‘heretic’ in the 16th century – that stopped  discussion and paralyzed thinking. Words like ‘racist’ or ‘xenophobe’  halt discussion and debate. Having made America a  bi-lingual/bicultural country, having established multiculturalism,  having the large foundations fund the doctrine  of ‘victimology,’ I would next make it impossible to enforce our  immigration laws. I would develop a mantra: That because immigration  has been good for America, it must always be good. I would make  every individual immigrant symmetric and ignore the cumulative  impact of millions of  them.”

         In the last  minute of his speech, Governor Lamm wiped his brow. Profound silence  followed. Finally he said, “Lastly, I would censor  Victor Hanson Davis’s book “Mexifornia.”  His book  is dangerous.  It exposes the plan to destroy America. If you  feel America deserves to be destroyed, don’t read that  book.”

         There was no  applause. A chilling fear quietly rose like an ominous cloud above  every attendee at the conference. Every American in that room  knew that everything Lamm enumerated was proceeding methodically,  quietly, darkly, yet pervasively across the United States  today. Discussion is being suppressed. Over 100 languages are  ripping the foundation of our educational system and national  cohesiveness.  Even barbaric cultures that practice female genital  mutilation are growing as we celebrate ‘diversity.’  American  jobs are vanishing into the Third World as corporations create  a Third World in America – take note of California and other states –  to date, ten million illegal aliens and growing fast. It is  reminiscent of George Orwell’s book “1984.”  In that  story, three slogans are engraved in the Ministry of  Truth building: “War is peace,” “Freedom is slavery,”  and “Ignorance is  strength.”

         Governor  Lamm walked back to his seat. It dawned on everyone at the conference  that our nation and the future of this great democracy is deeply  in trouble and worsening fast. If we don’t get  this immigration monster stopped within three years, it will  rage like a California wildfire and destroy everything in its path  especially The American Dream.  If you care for and love our  country as I do, take the time to pass this on just as I did  for you.

          NOTHING is exactly what will happen if  you don’t!

          [ Author of the book ‘Mexifornia’ is  Victor Davis Hanson  ]

Kevin Woster Live chat with U.S. House candidate Chris Nelson…How Insulting Could it Get?

Kevin Woster of the Rapid City Journal held a online live chat with SD SOS Chris Nelson today regarding his work during the 2008 elections and the repeated requests from constituents like myself who questioned “JUST WHO CONFIRMED OBAMA WAS CONSTITUTIONALLY QUALIFIED TO BE ON OUR BALLOTS HERE IN SD”?  There were also questions regarding Nelson’s stance on certain current issues of the day including but not limited to:

“NELSONS’ HAIRCUT STYLE”:

[12:59] [Comment From Voter Voter : ] 

You would look younger if you changed your haircut. Why is your hair so conservative?

[1:00] Because I am conservative. Guess the hair matches the guy!

I guess the prescreened lib commenter doesn’t approve of conservative haircuts. Also obviously prescreened was the type of question to be asked & how it was to be asked.

Woster a few days ago asked a question of Nelson as well as the other candidates running for the US House seat for SD on Obama’s qualifications which was picked up by the Washington ComPost as well as my conservative patriots at WorldNetDaily(WND). Nelson’s response was:

[M]eeting the constitutional qualifications to be President is a very important issue. If President Obama isn’t constitutionally qualified, it would be the biggest scam ever perpetuated on the American people. MANY people contacted me as Secretary of State prior to and after the election asking how Obama could be on our ballot given this controversy. Absent a court finding that he isn’t a natural born citizen, we have to take the certification from the National Democratic Convention at face value.

OK, so Nelson took the certification from the DNC at face value that Obama was qualified. Now I want the readers to see that certification for yourselves and tell me what in this document would lead you to take at its face value that the “WON” was qualified:

2008-SD DNC and RNC Party-Election Certifications

 “Nominated” a couple of guys, CHECK! But I just can’t seem to grasp where they were actually qualified as eligible under the qualifications set forth in the US Constitution.  Did you catch it? NO? Thus I must ask then, “Why for Hawaii but not for the other 49 states in the Union?”

With this continuing to be in the forefront of my mind and with all the newly acquired evidence that disputes Obama’s nativity story, my questions submitted to Nelson were as follows as in all reality, I really can’t see Obama getting removed other than by defeat in the 2012 election. What we have to work on is our citizenship & immigration laws and start holding our elected officials feet to the fire and make them enforce the laws already in place.

question #1 sent at the beginning of the chat(paraphrased as I forgot to copy it before hitting the send button): On March 25, 2010, the Kenyan Parliament recorded in its official record of the day that Obama was born in Kenya and NOT even a Native American. The US has been usurping the citizenship laws for decades. This is the main problem with illegal immigration and our border problem. What will you do to fix these two important issues?

question #2 rephrased & sent at 45 min into the chat: Chris, if elected, what will you do to enforce border control and put an end to the illegal practice of birthright citizenship for children born to aliens/foreigners who are legally & illegally here?

Link to the Official Kenyan Parliament records HERE. Page 31 paragraph 2: If America was living in a situation where they feared ethnicity and did not see itself as a multiparty state or nation, how could a young man born here in Kenya, who is not even a native American, become the President of America?

Instead of my 2nd question getting asked, Mr Jim Dittes was allowed a 3rd question which also just happened to be a few minutes after mine was sent in and on the same subject and quite watered down. Boy, sounds the white house press rules doesn’t it? Woster evidently has been taking lessons from Obama & Gibbles.

But I digress. Following up on his previous questioning of the candidates, the 1st questions asked of Nelson regarding Presidential qualifications & Obama’s qualifications during today’s chat were:

[11:59] Chris: Thanks very much for joining us, again. Let’s begin with a question I asked you and the other U.S. House candidates here on Mount Blogmore last week , which has gotten quite a bit of attention. As you know, some people suspect that President Obama might not have actually been born in the United States, in Hawaii, as he contends and his birth records seem to show. Do you doubt he was born in the USA? K.W.

[12:08] That question certainly has generated interest which doesn’t surprise me. Of all the issues I’ve dealt with as Secretary of State I have had more public comment on this question over the last year and a half than any other issue I’ve dealt with.

The most important point I can make is this, I strongly believe that constitutional requirements for any office must be met whether its President or Secretary of State or United States House of Representatives.

The President has met all the requirements to have his name placed on South Dakota’s ballot and be elected by the electoral college. That is my concern as Secretary of State.

Personally, I’ve looked at this from a number of angles and am satisfied that President Obama was born in the United States.

[12:08] Chris: Is that a change of position from what you said last week, or simply a clarification or expansion on it? K.W.

[12:11] No change of position. I said last week that the constitutional qualifications were important. I also said that absent a court ruling otherwise, all the requirements had been met to place the name on our ballot. Last week I did not affirmatively state my personal position which I have today.

[12:11] Chris: Fair enough. I think you’ve said that you heard doubts about the president’s actual birth place from a number of South Dakotans during the 2008 campaign. Do you think a significant number of South Dakotans, and Republicans in particular, have doubts about where the president was born? K.W.

[12:12] I’ve certainly heard from many who have that doubt but I don’t know what percentage of South Dakotans or Republicans would have that doubt.

Hmm, so Nelson admits that the Constitutional requirements for ALL offices must be met, yet he didn’t even bother to check, he just assumed because as we can CLEARLY SEE, the DNC certification did NOT state that he was qualified per the US Constitution as required by DNC bylaws to be on ALL their certification forms. Nice job Chris, Way to Go NOT protecting South Dakota’s ballots and actually doing your job to ensure that the candidates were actually constitutionally qualified.

Finally after the prescreened commenters got their questions asked & somewhat answered, Woster just couldn’t resist getting in another dig:

[1:09] Chris: Let’s end where we began, with the “birther” concerns. Do you believe John Thune was born in Jones County? Or do you think he might actually have been born in Lyman County, and spirited across the border in the middle of the night so he could claim to be a natural-born citizen of Murdo? K.W.

[1:11] Let’s end where I began. As long as Senator Thune is constitutionally qualified to be our United States Senator, it doesn’t matter.
Thanks for the visit!
Chris

[1:11] Chris: OK, but next time, we’re going to ask you to swear that you were born in Aurora County, not Brule County, as some have alleged…. K.W.

Well, lucky for us, Nelson will not be in charge of that task & I certainly hope the next SOS takes their job with a bit more due diligence and seriousness as to these qualifications and the ramifications to our national security & sovereignty if they are allowed to go unchecked. We also now have clear insight into  liberal Kevin Woster view of the US Constitution as the supreme law of the land.

More importantly we know where Nelson stands and how far he will go to cover-up his indiscretion of NOT making sure the candidate was in fact constitutionally qualified by requesting a certified copy of Obama’s long form birth certificate. You know that same form that is required for every child entering school, every person getting a driver’s license, etc, etc. Nope, no checky there, Nelson seems to be very comfortable in passing the buck.

Is this the trait you want for your next US Congressman in DC? Haven’t we already had enough of this “I’m for the Constitution” but the as soon as they are out of sight, they turn their back to it and throw the Constitution as well as their ethics out the window for the sake of political expediency?

You can read the entire online chat here: Live chat with US congressional candidate Chris Nelson, currently the SD Sec of State

The Statist Conspiracy Debunkers Debunked Part I

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 governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. 

  

What was the real common law definition of “US citizen” as understood, written & adopted by the people at the time of the ratification of the Constitution? Was it that of the feudal common law of England that the founders had fought a bloody war to break free from? 

Absolutely not. 

When a society finds itself in a state of nature, as the colonist did when declaring their independence from England, all prior laws of the King cease to exist. That is, in the sense that the King has no further right to hold those feudal laws against the new society. It is now for the consenting members of the new society to determine which, if any, of the laws are to remain in effect for themselves to enforce locally as well as who shall be deemed citizens of the new society. 

What, was kept in place pertaining to the common law of England was the form of jurisprudence and a few concepts of the law that pertained to the safety & protection of the people. However, to think that the framers adopted for the new society the same citizenship laws defined by the feudal system of government in England is just plain ludicrous. The War of 1812 was a testament to that and is further corroborated by the works of the early justices as well as the framers. Another very definitive testament we have to look at regarding this is the census records from 1790-1880, as well as congressional testimony pertaining to those records wherein children born of aliens (foreigners) not yet naturalized or of aliens(foreigners) temporarily sojourning in the US were classified as aliens (foreigners) themselves. 

The children born to parents that were later naturalized became themselves naturalized.In this case, children classified as natives were deferred to the 3rd generation of the family. Children born after the naturalization of the parents were however classified as natives (2nd generation).  [page 666 Statement of Mr. Louis Schade & page 705 Statement of Mr. John P. Eberhart

I have already debunked the so-called conspiracy debunkers & have discussed who the original natives were here, but I must remind you that the term was used interchangeably with ‘natural born’ and understandably so. When reading the works of Vattel and understanding that many of the original natives/founders were also learned in the early history of America, it takes no great leap to understand why. It is simply because of the fact that our country was, at its infancy in the 1600’s, NOT under British rule.

Therefore, it is corrrect to say that all persons born or naturalized in the country at the time of independence are natives, however not all natives became US citizens. 

From this point of the birth of a new nation, the laws of nature take hold as to who the citizens are, but especially who the ‘natural born’ citizens are. 

Vattel 

§ 212. Citizens and natives. 

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country. 

§ 213. Inhabitants. 

The inhabitants, as distinguished from citizens, are foreigners, who are permitted to settle and stay in the country. Bound to the society by their residence, they are subject to the laws of the state while they reside in it; and they are obliged to defend it, because it grants them protection, though they do not participate in all the rights of citizens. They enjoy only the advantages which the law or custom gives them. The perpetual inhabitants are those who have received the right of perpetual residence. These are a kind of citizens of an inferior order, and are united to the society without participating in all its advantages. Their children follow the condition of their fathers; and, as the state has given to these the right of perpetual residence, their right passes to their posterity. 

§ 214. Naturalization.(58) 

A nation, or the sovereign who represents it, may grant to a foreigner the quality of citizen, by admitting him into the body of the political society. This is called naturalization. There are some states in which the sovereign cannot grant to a foreigner all the rights of citizens, — for example, that of holding public offices — and where, consequently, he has the power of granting only an imperfect naturalization. It is here a regulation of the fundamental law, which limits the power of the prince. In other states, as in England and Poland, the prince cannot naturalize a single person, without the concurrence of the nation, represented by its deputies. Finally, there are states, as, for instance, England, where the single circumstance of being born in the country naturalizes the children of a foreigner. 

§ 216. Children born at sea. 

As to children born at sea, if they are born in those parts of it that are possessed by their nation, they are born in the country: if it is on the open sea, there is no reason to make a distinction between them and those who are born in the country; for, naturally, it is our extraction, not the place of our birth, that gives us rights: and if the children are born in a vessel belonging to the nation, they may be reputed born in its territories; for, it is natural to consider the vessels of a nation as parts of its territory, especially when they sail upon a free sea, since the state retains its jurisdiction over those vessels. And as, according to the commonly received custom, this jurisdiction is preserved over the vessels, even in parts of the sea subject to a foreign dominion, all the children born in the vessels of a nation are considered as born in its territory. For the same reason, those born in a foreign vessel are reputed born in a foreign country, unless their birth took place in a port belonging to their own nation; for, the port is more particularly a part of the territory; and the mother, though at that moment on board a foreign vessel, is not on that account out of the country. I suppose that she and her husband have not quitted their native country to settle elsewhere. 

The Constitution tells us that none but a ‘natural born citizen’, or a citizen at the time of the adoption of the Constitution are qualified to be president. This is where things go awry with that term native that is quoted in Vattel. Though natives are born on the soil, not all natives were citizens of the soil as shown in the previous debunking article. 

The conspiracy debunkers continue to argue that the feudal definition of ‘natural born subject’ is that of the ‘natural born citizen’. As I have shown, they argue that the term ‘native’ = ‘natural born’ regardless of the context in which it is being used when referring to persons holding dual allegiances. If foreign influences were not of consequence, then there would have been no need for the grandfather clause, ‘or a citizens at the time of the adoption of this Constitution’

Supreme Court Justice Joseph Story clarifies for us in his Commentary, The Conflict of Laws, the law adopted by the US. It was not the feudal law of England but was the law of nature wherein the children follow the condition of the father:  

First, the place of birth of a person is considered as his domicil, if it is at the time of his birth the domicil of his parents. Patris originem unusquisque sequatur*. This is usually denominated the domicil of birth or nativity, domicilium originis. But, if the parents are then on a visit, or on a journey, (in itinere), the home of the parents (at least if it is in the same country) will be deemed the domicil of birth or nativity. 

Secondly, the domicil of birth of minors continues, until they have obtained a new domicil. Thirdly, minors are generally deemed incapable, proprio marte, of changing their domicil during their minority; and, therefore, they retain the domicil of their parents; and if the parents change their domicil. that of the infant children follows it; and if the father dies, his last domicil is that of the infant children. 

Dig. Lib. 50, tit 1,1. 27, §2; Pothier Pand. Lib. 50, tit. 1, n. 18; Somerville v. Somerville, 5 Vesey, 750, 786, 790; 2 Domat, Public Law, B. 1, tit 16, § 3, p. 462; Id. art 6; Post, $ 47. 

a Cod. Lib. 10, tit 31,1. 36; 2 Domat, Public Law, B. I, tit. 16, § 3, art. 10; 1 Boullenois, Observ. 4, p. 53; Voet, ad Pand. Lib. 5, tit 1, n. 91, 92, 100. See Scrimshire r. Scrimshire, 2 Hagg. Eccl. R. 405, 406; Cochin, (Euvres, Tom. 5, p. 5, 6; Id. 698, 4to. edit. 

3 Dr. Laeber’s Encyc. Amer. art Domicil; Pothier, Cout d’Orleans, ch. 1, art 10.12; Somerville e. Somerville, 5 Vesey, 750, 787; 1 Boullenois, Observ. 4, p. 53. 

4 Dig. Lib. 50, tit 1,1.9; Pothier, Pand. Lib. 50, tit 1, n. 3.  

(for definitions of domicil refer to page 1052 of the commentary) 

* Fifthly; Children born upon the sea are deemed to belong, and to have their domicil in the country, to which their parents belong.6 

^ 49. From these considerations and rules the general conclusion may be deduced, that domicil is of three sorts; domicil by birth, domicil by choice, and domicil by operation of law. 

i Vattel.Lib. l,ch. 19, § 213. 

a The Venua, 8 Cranch, 278, 281; The Frances, 8 Cranch, 335; The Indian Chief, 3 Rob. 12; Bempde t>. Johnstone, 3 Ves. 198, 202; The Friendschaft, 3 Wheaton, R. 14; Ommany .••. Bingham, cited 5 Ves. jr. 756, 757, 765. 

« Vattel, B. 1, ch. 19, § 217; The Indian Chief, 3 Rob. 13, 27; The Josephine, 4 Rob. 26. 

s Vattel, B. 1, ch. 19, § 216; Dr. Leibert Encyc. Araer. art Domicil. 

So, did the framers adopt a form of dual citizenship at our founding? Absolutely not. Even the Brits did not recognize dual citizenship under their feudal definition. 

Blackstone Commentaries (1765):  that every man owes natural allegiance where he is born, and cannot owe two such allegiances, or serve two masters, at once… 

England had cast off the law of natures definition of ‘freeman/citizen’ and adopted the definition of ‘subject’ that was based on feudal law. The monarchy took it even further by declaring that any child born to a British subject, regardless of being born within the borders of a British sovereignty was taken to be a ‘natural born subject’ and those born within the borders of a British Sovereignty of foreigners, even those temporarily sojourning, were deemed ‘natural born subjects’. After many wars & plunging treasury, they were in need of fresh bodies for their military as well as new subjects they could tax to reestablish their shrinking treasury. 

Blackstone cont: …To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st. 2. that all children born abroad, provided both their parents were at the time of the birth in allegiance to the king, and the mother had passed the seas by her husband’s consent, might inherit as if born in England: and accordingly it hath been so adjudged in behalf of merchants. But by several more modern statutes these restrictions are still farther taken off: so that all children, born out of the king’s ligeance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception;…] 

You can see that this is in complete contradiction to that of the commentary by Justice Story, thus verifying that ours is not that of the feudal government. 

Why was this? It was for our national security & the preservation of the new nation as discussed by Vattel. 

As the framers discussed and adopted the qualifications for the several branches of our government, they continually decreased the numbers of those eligible to attain to those elected positions. The fewer the number of representatives in the branch, the stronger check on qualifications as is easily seen in Article 1 of the Constitution regarding qualifications for the House of Reps & the Senate. These are discussed in Federalist Papers # 52 & 62 respectively, however Papers #52-66 give the complete discussion as to the perils of foreign influences into these branches of our government. 

The truth is, many of the framers wanted the entirety of our elected officials to be ‘natural born’ with the exception of the founders grandfathered in and some even went further as to try and include these qualifications for the Supreme Court Justices. 

Yes, foreign influences were very much on their minds and in light of the actions of today’s administration, they were wholly justified. 

Now, were the legislatures & people of the individual states of the same mindset? The conspiracy debunkers say, ‘heck no’. Native born on the soil regardless of parentage, thus born owing allegiance to a foreign nation at birth is of no consequence. 

Here is what they repeatedly regurgitate: 

“No man but a native, or who has resided fourteen years in America, can be chosen President.” Elliot’s Debates –DEBATES IN THE CONVENTION OF THE STATE OF NORTH CAROLINA, ON THE ADOPTION OF THE FEDERAL CONSTITUTION, pg 195-196 (statements of future Supreme Court Justice James Iredell, July 30, 1788). 

Yes, it is a nicely parsed & edited quote showing only the part they want you to see. They cite a reference but give you no direct link knowing most will take it at face value and will never search out the entire historical reference to read it in its original form. 

Congressman Iredell during his numerous remarks, over the course of several days of debate on the several articles of the Constitution, expounded on the fatalities of foreign influences: 

…but if it be ever necessary on any occasion, it is necessary on this, when the question perhaps involves the safety or ruin of our country… The office of superintending the execution of the laws of the Union is an office of the utmost importance. It is of the greatest consequence to the happiness of the people of America, that the person to whom this great trust is delegated should be worthy of it. It would require a man of abilities and experience; it would also require a man who possessed, in a high degree, the confidence of his country. This being the case, it would be a great defect, in forming a constitution for the United States, if it Was so constructed that, by any accident, an improper person could have a chance to obtain that office… In almost every country, the executive has the command of the military forces. From the nature of the thing, the command of armies ought to be delegated to one person only. The secrecy, despatch, and decision, which are necessary in military operations, can only be expected from one person. The President, therefore, is to command the military forces of the United States, and this power I think a proper one; at the same time it will be found to be sufficiently guarded… 

Now here is the entire unparsed quote relating to the presidential qualifications.

Jealousy in a free government ought to be respected; but it may be carried to too great an extent. It is impracticable to guard against all possible danger of people’s choosing their officers indiscreetly. If they have a right to choose, they may make a bad choice. 

I met, by accident, with a pamphlet, this morning, in which the author states, as a very serious danger, that the pope of Rome might be elected President. I confess this never struck me before; and if the author had read all the qualifications of a President, perhaps his fears might have been quieted. 

No man but a native, or who has resided fourteen years in America, can be chosen President. I know not all the qualifications for pope, but I believe he must be taken from the college of cardinals; and probably there are many previous steps necessary before he arrives at this dignity. A native of America must have very singular good fortune, 

who, after residing fourteen years in his own country, should go to Europe, enter into Romish orders, obtain the promotion of cardinal, afterwards that of pope, and at length be so much in the confidence of his own country as to be elected President. It would be still more extraordinary if he should give up his popedom for our presidency. Sir, it is impossible to treat such idle fears with any degree of gravity. Why is it not objected, that there is no provision in the Constitution against electing one of the kings of Europe President? It would be a clause equally rational and judicious. 

I hope that I have in some degree satisfied the doubts of the gentleman. This article is calculated to secure universal religious liberty, by putting all sects on a level — the only way to prevent persecution. I thought nobody would have objected to this clause, which deserves, in my opinion, the highest approbation. This country has already had the honor of setting an example of civil freedom, and I trust it will likewise have the honor of teaching the rest of the world the way to religious freedom also. God grant both may be perpetuated to the end of time! 

Here we can clearly see that some of the people were concerned by a possible feudal definition of ‘native’ in the new Constitution and were calling out its perils by passing pamphlets. However, the legislature of the state of North Carolina understood the laws of nature wherein a man could not owe allegiance to 2 nations at the same time and thus citizenship was defined in that of a singular allegiance. They completely understood the roots of its meaning as it pertained to the new Constitution and that the person attaining to the office of President must have had, at birth, a complete and undivided allegiance to the United States of America. 

Next I give you another parsing (purposefully edited version) from the conspiracy debunkers. 

” It is not too much to say, that no one, but a native citizen, ought ordinarily to be intrusted with an office so vital [the presidency] to the safety and liberties of the people. But an exception was, from a deep sense of gratitude, made in favor of those distinguished men, who, though not natives, had, with such exalted patriotism, and such personal sacrifices, united their lives and fortunes with ours during the Revolution….” Joseph Story, A Familiar Exposition of the Constitution of the United States, pg. 167 (1842 ed.) 

Here is Story’s complete summary  regarding the qualifications of the president and vice president. 

§ 269. The next clause respects the qualifications of the President; and the qualifications of the Vice President are (as we have seen) to be the same. ” 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 the office, who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.” 

§ 270. Considering the nature of the duties, the extent of the information, and the solid wisdom and experience, required in the Executive department, no one can reasonably doubt the propriety of some qualification of age of the President. That, which is selected, is the middle age of life, by which period, the character and talents of individuals are generally known, and fairly developed ; the passions of youth have become moderated ; and the faculties are fast advancing to their highest state of maturity. An earlier period could scarcely have afforded sufficient pledges of talents, wisdom, and virtue, adequate to the dignity and importance of the office. 

§ 271. The other qualifications respect citizenship and inhabitancy. It is not too much to say, that no one, but a native citizen, ought ordinarily to be intrusted with an office so vital to the safety and liberties of the people. But an exception was, from a deep sense of gratitude, made in favor of those distinguished men, who, though not natives, had, with such exalted patriotism, and such personal sacrifices, united their lives and fortunes with ours during the Revolution. But even a native citizen might, from long absence, and voluntary residence abroad, become alienated from, or indifferent to his country ; and, therefore, a residence for fourteen years within the United States is made indispensable, as a qualification to the office. This, of course, does not exclude persons, who are temporarily abroad in the public service, or on their private affairs, and who have not intentionally given up their domicile here. •  

So did Story differentiate between the natives from the natural born? The answer is ‘no’ he did not as the natives were born of the soil & at the time of their birth they held but one allegiance. The founding fathers who were born on the soil, as well as their anscetors, had considered themselves ‘freemen’. They were been born in a sovereign nation that held no duty to nor did the colonists partake in any part of the British parliament or government. The laws of England were not the original laws of the land. It was England’s refusal to see them as ‘freemen’ and subsequent actions of the Brits, coming over & taking by force the local governments, removing the American laws & replacing them with that of the Monarchy thus oppressing the ‘freemen/citizens’ of the states. The Monarchy kept a standing army on American soil to arrest & unjustly prosecuted the colonists on foreign land. They also laid heavy taxes on them without allowance for representation in the British government, therefore for all intent purposes, the Monarchy held the British Americans as slaves. This is what forced the founding fathers into such a radical revolution & complete dissolution of their ties to England. 

Finally we consider this from Q&A from the Letters of Delegates to Congress, 1774-1789, Volume 21, Pages 250-251; notes from Thomas Jefferson, December 1783. 

 

 “Qu. 1. Can an American citizen, adult, now inherit lands in England?” 

to which Thomas Jefferson begins his answer with 

“Natural subjects can inherit–Aliens cannot.
There is no middle character–every man must be the one or the other of these.”
 

(dual nationality did not exist. Citizenship was singular.) 

Thomas Jefferson also wrote this in his answer: 

“An alien is the subject or citizen of a foreign power. The treaty of peace  acknowledges we are no longer to owe allegiance to the king of G.B. It acknowledges us no longer as Natural subjects then. It makes us citizens of independent states; it makes us aliens then.” 

We now can unequivocally conclude that there were no laws adopted at our founding that allowed for dual citizenship and that the term ‘native’ does have many meanings. And as stated before, natives can be citizens of a society, however all not all ‘natives’ are ‘ipso facto’ citizens of that society. 

Ours is a society of citizenship by consent (republicanism), not citizenship by rule of man (feudalism). 

To understand better the ‘law of nature’ & how it pertains to the eventual revolution of 1776, I recommend you read & study the links included in the article as well as the following link where you can read all the founding documents of the ‘freemen’ (British American citizens) beginning with the Magna Carta (1215), the Mayflower Compact (1620) as well as the original Constitution of the Colonies (1639). Yes, America was at one time a free sovereign & separate nation from that of England under her own laws put in place by the consenting freemen/citizens of the original American society. 

The American Constitution – A Documentary Record 

In conclusion, I again leave you with a snippet of President Washington’s farewell  address warning

Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government...  

Real patriots who may resist the intrigues of the favorite are liable to become suspected and odious, while its tools and dupes usurp the applause and confidence of the people, to surrender their interests…  

  

In Part II we will move forwards and into the 19th Century. We will navigate through several treatise as well as the archives of Congress from the 1820’s through the late 1800’s. 

   

Linda A Melin 

Citizen Researcher  

http://www.constitutionallyspeaking.wordpress.com 

Copyright 2010