Category Archives: Media Propaganda Exposed

Birthright “Jus soli” Citizenship Only Applied to State Citizenship Prior to March 26, 1790

There has been much hubbub in and around the lame-stream media airwaves as well as bloggers of all political affiliations regarding birthright citizen aka anchor babies. Now while much of it is coming from hosts that I respect; they just happen to not quite be the true constitutional conservatives they claim to be.  None the less, we are all entitled to our own opinions, however as the old saying goes, “you are entitled to your own opinion, but not to your own facts”. Especially when one can not substantiate one’s own facts with evidence that can be corroborated by independent researchers. 

One of the 1st pieces of evidence that was brought to my attention nearly 3 years ago and hundreds of hours of research since was the 1884 Supreme Court case Elk v Wilkins in which Justice Gray stated in the deciding opinion of the court.

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

One can not surmise from Gray’s opinion that “subject to the jurisdiction” meant one thing for birth and another for naturalization for no law can suppose to repudiate itself. Nor can 2 laws of the same effect at the same time suppose to repudiate themselves. Gray is merely reiterating the deciding opinion written by Chief Justice Waite in Minor v Happersett (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.”

Both the Minor (1874) & Elk (1884) cases pertained to the meaning of the 1st section of the 14th Amendment and thus we continue with Chief Justice Waite’s deciding opinion as to who the “persons” born or naturalized & “subject to the jurisdiction” are.

At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners…It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens. The words “all children” are certainly as comprehensive, when used in this connection, as “all persons,”

And the 14th Amendment is merely the Civil Rights Act of 1866 ratified as a constitutional amendment with the 1866 Act itself remaining in tact and acting as the chief language used to enforce the citizenship laws until 1940 when Congress finally consolidated the two laws into one. We’ll touch more on this in a bit,  but until then make a note that  Title 8 of the US Code defining persons who were born citizens read as follows in the highlighted opening of the 1866 Act until 1940.

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 the Elk deciding opinion written by Justice Gray, we find the dicta of the Slaughter-House Cases (1872) that was accepted unanimously by that court, including all the dissenters.

“[t]he phrase, ‘subject to its jurisdiction’ was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.”…Justice Steven Field, joined by Chief Justice Chase and Justices Swayne and Brad­ley in dissent from the principal holding of the case, likewise acknowledged that the clause was designed to remove any doubts about the constitu­tionality of the 1866 Civil Rights Act, which pro­vided that all persons born in the United States were as a result citizens both of the United States and of the state in which they resided, provided they were not at the time subjects of any foreign power.

Thus, the Slaughter-House dicta was adopted in the holding of the opinion in the Elk case.

Indians born within the territorial limits of the United States, members of and owing immediate allegiance to one of the Indiana tribes (an alien though dependent power), although in a geographical sense born in the United States, are no more “born in the United States and subject to the jurisdiction thereof,” within the meaning of the first section of the Fourteenth Amendment, than the children of subjects of any foreign government born within the domain of that government, or the children born within the United States of ambassadors or other public ministers of foreign nations.

And this is where most of the pundits derail themselves in reference to children born to aliens on US soil. They claim that only children born to ambassadors or diplomats are not “subject to the jurisdiction”. It is very clear here that the Supreme Court justices, including those who held dissenting opinions, determined unanimously that the phrase “subject to the jurisdiction” did not pertain to children born on US soil to aliens regardless of thei parents political duty to their country of allegiance.

Yes, prior to the adoption of the US Constitution, citizenship & immigration was controlled wholly by the individual states and the laws were as vast as there were states. While some held fast to the old English custom of feudal doctrine, many did not and they adopted the natural law, “jus sanguinis” in accordance with the Declaration of Independence which was also the law adopted by the US Constitution & the US Naturalization laws.

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

Case in point, the 1779 citizenship laws of Virginia.

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.

Already in 1779, even before the “Treaty of Paris” (1783) we see that the state of Virginia had cast off the feudal doctrine of birthright “jus soli” allegiance and children born in Virgina to aliens not yet naturalized were themselves aliens born. Thomas Jefferson was Governor of Virginia at the time and the drafting of this law is attributed to him. He also was the Secretary of State under Washington until he resigned in 1793. Jefferson was a stickler for detail in order that there would be absolutely no obfuscation of the intent of the laws and he carried it with him into the Presidency in 1801. In 1802 the US Congress revised the Naturalization laws, repealing the Alien & Sedition Acts put in place by Adams as well as clarifying important aspects of the Naturalization law.

In my most recent research of the Congressional Globe (H/T to bushpilot1 at Free Republic for directing me specifically to the 28th Congressional debates) I finally found specific reference to the much important Naturalization Act of 1802.

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

That last part intrigued me as I had read the 1802 Act several times but had never latched onto the pertinent part of the Act which states:

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

Under the Article of Confederation, the states & their citizenship & naturalization laws were independent of each other; each acting separately & wholly for the benefit of the individual state as if it was an independent nation in & of itself under the Laws of Nations. Birthright “jus soli” citizenship only pertained to state citizenship proffered to children born to aliens within the states that kept the feudal law in place prior to the adoption of the US Constitution & prior to the passing of the 1790 Naturalization Act. Therefore, children born to aliens on US soil prior to AND after the passing of the Naturalization Act of 1790 did not become US citizens until their parents, themselves finalized their immigration process & became US citizens as US citizenship did not exist until the ratification of the US Constitution.

According to Black’s Law, laws are to be specific and not made to create “Repugnancy” (Black’s Law 1171 5th Ed) Rule of Civil Proc. 8 ) if they refer to similar subject matter as did the Civil Rights Act of 1866 & the 14th Amendment that remained in place at the same time for 72 years. When the 1866 Civil Rights Act was consolidated with the 14th Amendment in 1940, it was a matter of common sense jurisprudence that a formal change in the verbiage of Title 8, from “not subject to any foreign power” to “subject to the jurisdiction”, needed to be made to reflect the verbiage of the law still in place. Not because the Civil Rights Act was repugnant, but because Congress finally made the decision that since the 1866 Act was constitutionalized by the amendment process, the law no longer needed to remain in place as the other aspects of the Act had been formally transferred to different sections of the US Code pertaining specifically to other civil rights. Also, parts such as expatriation had also been transferred & reflected in Title 22 under foreign affairs while some parts of the expatriation act still remain under Title 8.

Title 8> Chapter 1> §§ 1-18. Repealed or Omitted

These sections, relating to citizenship, were affected by the Nationality Act of 1940, former section 501 et seq. of this title.

That act was passed on Oct. 14, 1940, to consolidate and restate the laws of the United States regarding citizenship, naturalization, and expatriation, and, in addition to certain specific repeals thereby, all acts or parts of acts in conflict with its provisions were repealed by former section 904 of this title. See the notes below for history of individual sections.

Section 1, relating to citizenship of persons born in the United States, was repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, § 504, 54 Stat. 1172. It was from R.S. § 1992, which was revised from act Apr. 9, 1866, ch. 31, § 1, 14 Stat. 27. Similar provisions were contained in former section 601 (a) of this title. See section 1401 of this title. [emphasis mine]

And that is where I will close, with the Expatriation Act of 1868 formally known as “An Act concerning the Rights of American Citizens in foreign States” approved by Congress on July 27, 1868 that denounces any claim, notion or concept that the United States does or ever did adopt & recognize any form of dual nationality & that the Law of Nations as adopted by the United States government is the common law of the national government as it is the only law that remains constant when dealing with independent & sovereign states under a Republican form of government.

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.

Therefore, the 14th Amendment along with its sister act, “The Expatriation Act of 1868, any “claims” that there was anything such as dual citizenship was finally & formally declared to be inconsistent with the principles of our Republican form of government; and that the phrase “subject to the jurisdiction” as ratified by the states has always meant “owing allegiance exclusively to the United States”. Birth on US soil & US citizenship are not naturally inclusive terms unless born to parent(S) (plural) who do not owe allegiance to any foreign nation. All others fall under the naturalization clauses of Title 8 and are citizens by statute, not by nature, thus they can never claim to be “natural born” US citizens. At most, they are naturalized citizens per old English feudal law as shown in Sec 214 of the law of nations. At the least, they are foreigners permitted to settle & stay in the country under Sec 213 of the law of nations. These persons may be citizens of their local community; but still owing direct allegiance to their home country, they & their children therefore are not US citizens for constitutional purposes.

Law of Nations Bk 1

§ 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

Linda Melin, citizen researcher

copyright 2011

No part of this article may be reprinted or cross-posted at other blogs without the express consent of the author. However, the references contained herein that are linked are in the public domain and are there to ease the burden of others in their own research so they may write their own original articles.

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Matthew 6:24 & Luke 16:13

No man can serve two masters; for either he will hate the one, and love the other; or else he will hold to one, and despise the other.

Jeremiah 5:5-6

So I will go to the leaders
and speak to them;
surely they know the way of the LORD,
the requirements of their God.”
But with one accord they too had broken off the yoke
and torn off the bonds.
Therefore a lion from the forest will attack them,
a wolf from the desert will ravage them,
a leopard will lie in wait near their towns
to tear to pieces any who venture out,
for their rebellion is great
and their backslidings many.

US State Dept Confirms: Obama “NOT” a US Citizen Prior to & in 1968; UPDATE: Important historical find

ALL UPDATES WILL APPEAR AFTER THE INTIAL ARTICLE

Not that our elected officials who refused to do their job in the fall of 2008 before the election and everyday since then will do anything, but these official documents from Obama’s mothers passport files are proof positive that Obama was “NOT” a US citizen prior to & in 1968. Even after an order from a federal judge, the US State Dept is still withholding all of Stanley Ann Dunham’s passport records prior to this 1968 renewal she submitted at the Jakarta, Indonesia consular’s office. So the question begs to be answered…

Where is the affidavit of Obama’s foreign citiznship that was submitted with this application & when did Obama or his mother formally renounce this foreign citizenship that has now been verified by the US State Dept? Where are those records?

 [photo by SvenMagnussen, member of Free Republic]

Barack-Barry-Hussein-Obama II-Soetoro-Soebarkah?

Will we ever know which combination of the above is the official name of the pResident? 

It’s time to release the RECORDS!

 

Support Lt Col Terry Lakin

September 28th is the next hearing date for discovery. Thus far it has been denied because it just might “embarrass” Obama.  Read all about the Obama administrations abuse of this highly decorated active military doctor who has served in 2 wars & is still packed & ready to go if only the commander in thief would pony up his papers. Just as every other member of the military has to do prior to each & every deployment.

March 30, 2010

The Honorable Barack Obama
President of the United States of America
1600 Pennsylvania Avenue NW
Washington, D.C. 20500

Dear Mr. President:

For more than seventeen years, I have had the privilege of serving my country as a member of the U.S. Armed Forces, including overseas assignments in imminent danger/combat areas in Bosnia and Afghanistan.

The United States is an example to the rest of the world of a stable, civilized democratic government where all men are created equal and the rule of law is cherished and obeyed. The U.S. military teaches and promotes the rule of law and civilian control of the military to many other nations and militaries around the world. Every soldier learns what constitutes a lawful order and is encouraged to stand up and object to unlawful orders. My officer’s oath of office requires that I swear to support and defend the Constitution of the United States.

I recently received deployment orders for a second deployment to Afghanistan. My orders included a requirement to bring copies of my birth certificate. I will provide a certified copy of my original birth certificate with common, standard identifiers, including the name of an attending physician and a hospital. Every day in transactions across the country, American citizens are required to prove their identity, and standards for identification have become even stricter since the terrorist attacks on 9/11.

Since the fall of 2008, I have been troubled by reports that your original birth certificate remains concealed from public view along with many other records which, if released, would quickly end questions surrounding your place of birth and “natural born” status. Many people mistake the online Certification of Live Birth for an original birth certificate. Until the summer of 2009, the Hawaiian Department of Homelands would not accept this Certification of Live Birth to determine native Hawaiian identity–the Department insisted upon also reviewing an original birth certificate. Many do not understand that the online document was from 2007, generated by computer, laser-printed, and merely a certification that there is an original birth certificate on file which may or may not be sufficiently probative. An original birth certificate is the underlying document that presumably includes a hospital and attending physician’s or midwife’s name that should lay to rest the “natural born” dispute.

In 2008, after pressure from the news media, Senator McCain produced an original birth certificate from the Panama Canal Zone; a Senate Judiciary Committee hearing examined and affirmed his “natural born” status and Constitutional eligibility to serve as President. The U.S. Senate was silent about your eligibility, despite statements from Kenyan citizens that you were born in Mombasa, including your paternal grandmother and the Ambassador from Kenya to the U.S. during a radio interview. Hawaiian state officials claim they cannot release an original birth certificate without your consent.

I have attempted through my chain of command for many months to get answers to the questions surrounding your eligibility. I also sought answers, unsuccessfully, through my Congressional delegation. You serve as my Commander-in-Chief. Given the fact that the certification that your campaign posted online was not a document that the Hawaiian Department of Homelands regarded as a sufficient substitute for the original birth certificate and given that it has been your personal decision that has prevented the Hawaiian Department of Health from releasing your original birth certificate or any Hawaiian hospital from releasing your records, the burden of proof must rest with you.

Please assure the American people that you are indeed constitutionally eligible to serve as Commander-in-Chief and thereby may lawfully direct service members into harm’s way. I will be proud to deploy to Afghanistan to further serve my country and my fellow soldiers, but I should only do so with the knowledge that this important provision of our Constitution is respected and obeyed. The people that continue to risk their lives and give the ultimate sacrifice to the service of our country deserve to know they do so upholding their vows to the oath of office and the Constitution.

Unless it is established (by this sufficient proof that should be easily within your power to provide) that you are constitutionally eligible to serve as President and my Commander-in-Chief, I, and all other military officers may be following illegal orders. Therefore, sir, until an original birth certificate is brought forward that validates your eligibility and puts to rest the other reasonable questions surrounding your unproven eligibility; I cannot in good conscience obey ANY military orders.

Respectfully,

// Terry Lakin

Lieutenant Colonel Terrence Lakin, USA

 

Sept. 24, 2010

Dear Sen. Thune,

As a member of the Armed Forces Committee & member of the sub-committee on Personnel, I am imploring you to please take this seriously & take immediate action.

The Commander in Chief has begun court martial proceedings against Lt Col Terry Lakin. Now Lt Col Lakin is being refused access to documents that are critical to his defense. The most current ruling from the military judge who refused release of Obama’s original vault birth certificate & ALL school & college records stated:

Sept 2, 2010 Fort Meade, Maryland

“The potential for embarrassment from multifarious pronouncements by various departments on one question are uniquely powerful to ensure that courts-martial do not become the vehicle for adjudicating the legality of political decisions and to ensure the military’s capacity to maintain good order and discipline in the armed forces.”

http://www.greeleygazette.com/press/?p=5329

If there is no question as to the location of Obama’s birth, then why for over 2 years now has he been fighting in courts all over the country to keep his original vault records from seeing the light of day. This is “NOT” the actions of an honorable commander of the US military.

In July of this year, in a blatant disregard of orders of a federal judge, the US State Dept. released only partial passport records of Stanley Ann Dunham-Soetoro.

However, after careful study of the files that were released, what the records do conclusively show is that in 1968 Barack-Barry-Hussein-Obama II-Soetoro-Soebarkah was “NOT” a US citizen.

http://constitutionallyspeaking.wordpress.com/2010/09/24/us-state-dept-confirms-obama-not-a-us-citizen-prior-to-in-1968/

This has gone on far too long & it’s time to put politics & elections aside for the sake of our nation & our national security.

I am trusting, that in light of all this new evidence, you will do the honorable thing and put your country before yourself. Please do the right & moral thing by serving your state & country as an upright public servant of honor & integrity by once & for all putting an end to this abuse of political power currently being displayed by Obama & his administration. I implore you to request the immediate release of all the records requested on behalf of Lt Col Terry Lakin by his defense team.

No one is above the law, especially those public servants who took an oath to protect & defend it.

Respectfully,

Linda Melin

http://constitutionallyspeaking.wordpress.com/

I will be in contact with your office on Monday, Sept. 27, 2010. The day prior to the next hearing for Lt Col Lakin in his legal defenses efforts to get the vital records for his defense released.

_______________________________________________

Lt Col Terry Lakin Defense @ http://www.safeguardourconstitution.com/

DECORATED ARMY DOCTOR LTC TERRY LAKIN PHYSICALLY THREATENED BY LEAD PROSECUTOR AT ARRAIGNMENT HEARING http://www.safeguardourconstitution.com/news/lakin-physically-threatened.html

Washington, D.C., August 12, 2010. The Army doctor who is being court martialled for refusing to obey orders, including a deployment order for his second tour of duty in Afghanistan, was formally arraigned last Friday at the first hearing in the Court Martial process. However, the lead prosecutor overstepped his bounds and injected himself improperly into LTC Terrence Lakin’s chain of command.

UPDATE:  HAT-TIP to rolling_stone at Free Republic:

Via Sonoran News via  obamareleaseyourrecords.blogspot.com – Ike needed birth certificate to run for president – ‘Ike had nothing to hide!’

BY LINDA BENTLEY – CAVE CREEK – Glen Fairclough, a reader from Salt Lake City, Utah, sent us an e-mail last week to express his gratitude for publishing the recent article regarding President Obama’s Kenyan birth certificate.

And, while going through digital images online of his hometown newspaper, the Deseret News and Telegram, Fairclough forwarded us a United Press wire article from the Oct. 2, 1952 edition he thought we would find interesting.

The article appeared on page 6A with a dateline of Sherman, Texas. It was headlined: “General’s birth certificate officially filed,” and stated, “A certificate recording Dwight Eisenhower’s birth in Denison on Oct. 14, 1890, was filed Wednesday [Oct. 1, 1952] in the Grayson County Clerk’s office.

“Nobody had bothered to make out a certificate when the Republican presidential candidate was born in a house at the corner of Lamar and Day streets in nearby Denison.

“A copy of the certificate filed Wednesday was mailed to Mrs. Eisenhower in Denver. Eisenhower’s older brother, Arthur, signed the certificate. It was also signed by the Grayson County Judge J.N. Dickson and recorded by County Clerk J.C. Buchanan.”

David Dwight Eisenhower was the third of seven boys born to David Jacob and Ida Elizabeth.

Since he was called Dwight while growing up, Eisenhower swapped his first and middle names when he enrolled at West Point Military Academy.

Elected 34th president of the United States in November 1952, Eisenhower made it through his first 62 years without any need for a birth certificate.

However, the need arose when he became a presidential candidate. Since Eisenhower was the oldest man to be elected president since James Buchanan over 100 years earlier, age was obviously not at issue. Instead, there was protocol in place for presidential candidates to provide proof of eligibility to appear on the ballot.

article continues HERE

Jefferson On Citizenship Under A Republican Form Of Government

 Thomas Jefferson served in the Virginia legislature from 1776 until his election as Governor in 1779. It was Jefferson that drafted the legislation that passed in the Congress of Virginia on June 28, 1776 declaring their independence from Great Britain. In June of 1783, Jefferson was appointed to the Congress of the Confederation & was sent to France to serve as the US Minister. This left Jefferson unable to be physically in attendance at the Philadelphia convention, thus he stayed informed and involved through his correspondence with James Madison. Now, let us begin this short visit back into the year of 1803 and the wisdom & patriotism of Thomas Jefferson from his time in the Virginia state legislature…

But are there no inconveniences to be thrown into the scale against the advantage expected from a multiplication of numbers by the importation of-foreigners ? It is for the happiness of those united in society to harmonize as much as possible in matters which they must of necessity transact together. Civil government being the sole object of forming societies, its administration must be conducted by common consent. Every species of government has its specific principles. Ours, perhaps are more peculiar than those of any other in the universe. It is a composition of the freest principles of the English constitution, with others derived from natural right and natural reason. To these nothing can be more opposed than the maxims of absolute monarchies. Yet, from such, we are to expect: the greatest number, of emigrants. They will bring with them the principles of the governments they leave, imbibed in their early youth ; or, if able to throw them off, it will be in exchange for.an unbounded licentiousness, passing, as is usual, from one extreme to another. It would be a miracle were they to stop precisely at the point of temperate liberty. These principles, with their language, they will transmit to their children. In proportion to their numbers, they will share with us the legislation. They will infuse into it their spirit, warp and bias its directions, and render it a heterogeneous, incoherent, distracted mass.

One has to remember that at the time of the Declaration, there was no formal federal government set up thus all laws pertaining to citizenship & immigration was regulated by the individual states with each of them adopting, regulating & enforcing their own individual laws in this area. Liberals today, including those of the Republican & conservative factions, claim that the States merely substituted the word ‘subject’ for the word ‘citizen’ when writing the new laws after the Declaration of Independence. Read & learn the truth through Jefferson himself as to which principles of the English constitution they rejected thus adopting better laws based on natural rights & natural reason…

Many of the laws which were in force during the monarchy being relative merely to that form of government, or inculcating principles inconsistent with republicanism, the first assembly which met after the establishment of the commonwealth appointed a committee to revise the whole code, to reduce it into proper form and volume, and report it to the assembly. This work has been executed by three gentlemen, and reported ; but probably will not be taken up till a restoration of peace shall leave to the legislature leisure to go through such a work;.

The plan of the revisal was this. The common law of England, by which is meant, that part of the English law which was anterior to the date of the oldest statutes extant, is made the basis of the work. It was thought dangerous to attempt to reduce it to a text: it was therefore left to be collected from the usual monuments of it. Necessary-alterations in ‘that, and , so much of the whole body of the British statutes, and of acts of assembly, as were thought proper to be retained, were digested into 126 new acts, in which simplicity of style was aimed at, as far as was safe. The following are the most remarkable alterations proposed :

To change the rules of descent, so as that the lands of any person dying intestate shall be divisable equally among all his children, or other representatives, in equal degree.

To make slaves distributable among the next of kin, as other movables.

To have all public expenses, whether of the general treasury, or of a parish or county, (as for the maintenance of the poor, building bridges, court-houses, & etc.) supplied by assessments on the citizens, in proportion to their property.

To hire undertakers for keeping the public roads in repair, and indemnify individuals thro’ whose lands new roads shall be opened.

To define with precision the rules whereby aliens should become citizens, and citizens make themselves aliens.

To establish religious freedom on the broadest bottom. (snip)

Hmm, to define with precision the rules whereby aliens should become citizens? So what was the law they enacted?

Thomas Jefferson, A Bill Declaring Who Shall Be Deemed Citizens Of This Commonwealth

May 1779Virginia Papers 2:476–78

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.

The clerk of the court shall enter such oath of record, and give the person taking the same a certificate thereof, for which he shall receive the fee of one dollar. And in order to preserve to the citizens of this commonwealth, that natural right, which all men have of relinquishing the country, in which birth, or other accident may have thrown them, and, seeking subsistance and happiness wheresoever they may be able, or may hope to find them: And to declare unequivocably what circumstances shall be deemed evidence of an intention in any citizen to exercise that right, it is enacted and declared, that whensoever any citizen of this commonwealth, shall by word of mouth in the presence of the court of the county, wherein he resides, or of the General Court, or by deed in writing, under his hand and seal, executed in the presence of three witnesses, and by them proved in either of the said courts, openly declare to the same court, that he relinquishes the character of a citizen, and shall depart the commonwealth; or whensoever he shall without such declaration depart the commonwealth and enter into the service of any other state, not in enmity with this, or any other of the United States of America, or do any act whereby he shall become a subject or citizen of such state, such person shall be considered as having exercised his natural right of expatriating himself, and shall be deemed no citizen of this commonwealth from the time of his departure.

So there you have it. Jefferson clearly declaring that ‘subject’ was not equivalent to ‘citizen’ and thus the feudal law of perpetual allegiance from birth on the soil was thereby abolished and replaced with the law of natural right & natural reason. Do you really think the states who had cast off the chains of feudal doctrine of perpetual allegiance would have agreed to a return to it under the federal constitution? According to all the early philosophers as well as the framers such as Wilson, reason should be the basis in which all laws should be written & that is the crux of interpreting the constitution & the original intent of the framers. Without natural right & natural reason, there can be no just law.

James Wilson:

The first and governing maxim in the interpretation of a statute is to discover the meaning of those who made it. Law and liberty cannot rationally become the objects of our love, unless they first become the objects of our knowledge.

Far from being rivals or enemies, religion and law are twin sisters, friends, and mutual assistants. Indeed, these two sciences run into each other. The divine law, as discovered by reason and the moral sense, forms an essential part of both.

The law of nature is immutable; not by the effect of an arbitrary disposition, but because it has its foundation in the nature, constitution, and mutual relations of men and things. The law of nature is universal. For it is true, not only that all men are equally subject to the command of their Maker; but it is true also, that the law of nature, having its foundation in the constitution and state of man, has an essential fitness for all mankind, and binds them without distinction

The 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.

[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

Liberal Conservatism: A Bane to the Survival of a Constitutional Republic

“Folks, this is so damn clear-cut, but it requires a result that the political class doesn’t like, including way too many Republicans. The question is: are we too far gone on this issue to be able to get back to the constitutional requirements?” Mark R. Levin August 13, 2010

Liberal conservatism is alive & well. It has so deeply infiltrated every aspect of the true conservatism movement that some days it’s hard to tell a friend from a foe. Take for example Mark Levin’s latest attempt at explaining the original meaning the text of the 14th Amendment to the Constitution & the definition of the ‘subject to the jurisdiction’ clause therein. Mark has spent his lifetime studying the Constitution and he openly admits that he isn’t anywhere near done. To this later admission I whole heartedly agree because there are aspects of the 14th that Mark either conveniently leaves out or perhaps it is that he has yet to research these pertinent historical references & 1 major Act of Congress that are crucial to defining the 14th Amendment. Historical research from the annals of Congress that is easily available through the Heritage Foundation & Hillsdale College. As far as Mark’s neglect in this area, I am leaning toward that of political convenience as Mark has clearly stated his position that Gov. Bobby Jindal, LA is looking to be a good contender for the presidency in 2012 or 2016. Folks, Bobby Jindal was born a citizen of India as both his parents were students residing is the US on temporary student visa when Jindal was born. NEITHER of Jindal’s parents were US citizens at the time of Jindal’s birth thus the irony of Mark’s claim that we need to get back to the original text & meaning of the constitution.

As always, I will let my readers make the determination for themselves as to whether Mark is a genuine constitutional conservative or just another liberal conservative. Below is the audio of Mark’s dialogue from Friday, Aug 13th, 2010.

When the Constitution was drafted & ratified, there were only 2 paths to citizenship. You were either born into an American family (father had to be a citizen or if born out-of-wedlock, mother had to be a citizen at the time of the child’s birth) or you were naturalized. Naturalization came through parents(father) who was naturalized or you applied for it on your own at the coming of age if the parents had not opted to become American citizens.

Erler gets it right on the definition of ‘subject to the jurisdiction’. He quotes Howard & Trumbull but what he leaves out is another pertinent quote from Rep. Bingham, co-author of the 14th, in which Bingham states:

I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen – Rep. John Bingham, framer of the 14th Amendment, before The US House of Representatives (March 9, 1866 )

Mark also leaves out is Erler’s testimony of the Wong Kim Ark case of 1898 wherein Justice Gray uses the English feudal law definition of a ‘subject’ which is in complete contradiction to over a 100 years of US law. Gray uses an unsubstantiated argument that the founders had adopted some form of the feudal doctrine of perpetual allegiance which is quite ironic since he objected to any notion thereof in a former deciding opinion he wrote that held that the definition of ‘subject to the jurisdiction’ meant exactly what Trumbull & Howard stated to be:  ‘not owing allegiance to any foreign power’. But what Mark probably hasn’t researched and thus would probably cast off those who are brave enough to actually report the truth is the fact the Gray was appointed by Chester Arthur who was born a British Subject as Arthur’s father did not become a US citizen until Arthur was 13 yrs old. Arthur lied about the date of his birth to conceal this fact that would have deemed him ineligible for the Vice Presidency which later lead to the Presidency after to the death of Garfield. Having a president who has loyalties to a foreign nation according to Washington, was to be avoided at ALL costs. But enough of this little history lesson that has slipped through cracks and into the depths of the abyss of the progressive cover-up, what about the 100 plus years of US legislation on citizenship?

We know that the only power US Congress has regarding citizenship is to legislate in the area of naturalization & immigration. They have absolutely no power over natural law other than to restrict through positive law by the consent of the people which rights under natural law we wish to relinquish to them, thus giving them the power to regulate those areas. The constitution clearly cites 2 types of citizenship, citizenship in general which includes natural citizens & naturalized citizens under Article 1 &  then the specific natural citizen requirement under Article 2. Citizens born by the laws of nature require no act of congress as there was no foreign power at the time of the birth of the citizen that could lay claim to that person. This is the law which the founders spoke of in the Declaration of Independence as the law of the new nation, the United States of America. How do we know this? The most clear & concise example comes from Thomas Jefferson when he wrote the 1st citizenship law for the state of Virginia that was passed in May of 1779:

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.

This also is reflected in the 1st Naturalization Acts passed by the US Congress:

Naturalization Act of March 26, 1790 (1 Stat 103-104) That any alien, being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof, on application to any common law court of record, in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such court, that he is a person of good character, and taking the oath or affirmation prescribed by law, to support the Constitution of the United States, which oath or affirmation such court shall administer; and the clerk of such court shall record such application, and the proceedings thereon; and thereupon such person shall be considered as a citizen of the United States. And the children of such persons so naturalized, dwelling within the United States, being under the age of twenty-one years at the time of such naturalization, shall also be considered as citizens of the United States. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives. JOHN ADAMS, Vice-President of the United States, And President of the Senate. APPROVED, March 26th, 1790: GEORGE WASHINGTON, President of the United States

And the Naturalization Act of 1795: SECTION 1. BE it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, that any alien, being a free white person, may be admitted to become a citizen of the United States, or any of them, on the following conditions, and not otherwise. First, he shall have declared, on oath or affirmation, before the Supreme, Superior, District, or Circuit Court of some one of the states, or of the territories northwest or south of the Ohio River, or a Circuit or District Court of the United States, three years at least before his admission, that it was, bona fide, his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whereof such alien may at that time be a citizen or subject…that he will support the Constitution of the United States; and that he does absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever and particularly by name the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Thirdly. The court admitting such alien shall be satisfied that he has resided within the limits and under the jurisdiction of the United States five years. It shall further appear to their satisfaction that during that time he has behaved as a man of a good moral character, attached to the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the same…SEC. 3. And be it further enacted, that the children of persons duly naturalized, dwelling within the United States, and being under the age of twenty-one years at the time of such naturalization,…signed by: FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Representatives. JOHN ADAMS, Vice-President of the United States, And President of the Senate. APPROVED, January the 29th, 1795: GEORGE WASHINGTON, President of the United States

No where does the US Congress with the President concurring by signing the legislation distinguish the children of aliens as to the location of their birth. They merely declare that all children of the alien father under the age of 21 & residing in the US are declared citizens upon the naturalization of the father. This follows natural law. It was considered unnatural for a child to be considered an alien to the father. It was unnatural for any household to have immediate family members(spouse & children) that held conflicting allegiances, thus the reason that the wife also followed the nationality of the husband. This is the natural unity of a civilized society going back to its formation. It is the only way a civilized society could naturally protect its sovereignty & freedom.

From 1798 to 1855 there were 9 other subsequent Acts of Congress on Naturalization dealing with race, length of time an immigrant must be a resident before naturalizing, land holding and also clarification of the wife follows the citizenship of the husband per natural law, etc but the one fact that never changed was the fact that all children of any alien immigrant were aliens themselves until the father/single or widowed mother became a citizen. If the parents remained aliens, the child could apply upon coming of age.

Next comes the 1866 Civil Rights Act which states that “all children born to parents not owing allegiance to any foreign power” that was ratified into the Constitution per the 14th Amendment. What Mark and also Erler in his testimony leave out is the Expatriation Act of 1868. This Act was passed on July 27th, 1868 just 18 days after the ratification of the 14th Amendment (July9, 1868):

CHAP. CCXLIX – An Act concerning the Rights of American Citizens in foreign States. Approved July 27, 1868. 

Right of ex- patriation de- clared.

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 princi-ple, 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.

Protection to naturalized citizens in foreign states.

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.

John C. Eastman (also of the Claremont Institute) in his March 30, 2006 legal memorandum at the Heritage Foundation titled “From Feudalism to Consent: Rethinking Birthright Citizenhsip” says this of the Expatriation Act of 1868:

“Thus, when Congress passed as a companion to the Fourteenth Amendment the Expatriation Act of 1868, which provided simply that “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,” it necessarily rejected the feudal birthright citizenship doctrine of medieval England as fun­damentally incompatible with the principles of the Declaration of Independence. As Representa­tive Woodward of Pennsylvania noted on the floor of the House of Representatives: “It is high time that feudalism were driven from our shores and eliminated from our law, and now is the time to declare it…Such remnants of feudalism were rejected by our nation’s Founders when they declared to a candid world that they no longer owed allegiance to the king of their birth. They were rejected again by the Congress in 1866 and by the nation when it ratified the Fourteenth Amendment.”

And for even more resourses, I encourage you to read the Amicus Brief of March 29, 2004 submitted on the behalf of Rumsfeld by former US Att. Gen. Edwin Meese III (whom Mark Levin served under) and John C. Eastman of the Claremont Institute in the case of Hamdi v. Rumsfeld.

In another of my research days at the online Library of Congress I found this 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.

The Library of Congress on Immigration & Naturalization also states:

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.

The current US State Dept website states that there is no law which prohibits dual citizenship. This couldn’t be further from the truth and that is why they also claim that one can lose ones citizenship by acts & words spoken by any person that holds citizenship of another country. Also, one can barely change the page of the US State Dept website without finding them contradicting themselves and sometimes they do so several times on the same page. In several areas of the website, the US State Dept states that it does not encourage the practice of holding dual allegiances. The reason?  The only changes made to the Expatriation Act (which has never been repealed) pertain to treason and the right of the US government to revoke the citizenship of a naturalized person convicted of treason or for acts by that person that the government deems treasonous. The last change came in 1952. The threat of communist infiltration into the US government was very much a threat and on the minds of the true patriots elected to office at that time. They were acting very “Washingtonian” and liberal progressive history has written them all off as kooks.

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…(excerpts from Washington’s Farewell Address)

Who are the kooks now? We have the communist manifesto which includes multiculturalism (dumbing down of citizenship) unfolding right before our eyes right from the oval office of the White House from a president who was born subject to a foreign power and the so-called conservatives aka liberal conservatives are still wanting to pick & choose which parts of the Constitution they wish to define under original intent as it fits their liberal agenda. But I digress.

Going back to defining citizenship however, let’s not forget that we must look to international law. From the 1st day of our founding on July 4, 1776, the US has always respected the laws governing the citizenship of the immigrants or temporary resident aliens making sure that US laws do not override or veto that of the foreign government in which the person is a citizen or subject of. For further clarification we go to Dicey, Savigny, Philimore, Hall, Westlake but the one I go to most is Story’s Conflict of Laws Vol 1 & Vol 2.

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.

Now I know, you are going to say domicil is a persons place of residence. You would be completely wrong. Domicil in the day was a person’s nationality. Later it was changed to domicil(e) and thus the confusion brought forward by many legal scholars who either didn’t bother to actually learn the difference or they purposefully meant to confuse the two definitions to push their personal political agenda as Justice Brennan did when he wrote that the founding fathers merely substituted the word citizen for subject leaving the feudal definition in tact. In Olson & Tribes most recent testimony to Congress on citizenship, they cite Brennan and I have to say although Mark was dismayed by Olson’s recent work on Prop 8, it came as no surprise to me.

We also have this cite from the 1903 Cyclopedia of law and procedure, Volume 7 (America Law Book Company, New York) By William Mack, Howard Pervear Nash. It refers to citizenship of parentage which is the citizenship of natural law & adopted by the United States at the time of the Declaration of Independence as referenced earlier by the 1st citizenship law passed by the state of Virginia in 1779:

Children Of Aliens. The child of a citizen father and of an alien mother is a citizen ; but one born of an alien father and of a citizen mother is not a citizen

You also will not find the term dual allegiance in the 1903 law cyclopdia either, it only speaks of double citizenship or as some in those days called it, double character and it is defined as:

DOUBLE CITIZENSHIP: In this country a double citizenship exists, for the term applies both to membership in the nation considered as a whole and to membership in the state in which the individual may reside.

The problem we have today is the usurping of natural law by both parties, but especially those who claim to be constitutional conservatives and spout off about original intent, yet they also turn a blind eye when natural law is inconvenient or not expedient to their political cause. The founding fathers knew full well that the sovereignty & security of the country came from unity in the home. But it wasn’t just the founding fathers or framers of the constitution such as Wilson who knew this. They got their wisdom through the study of the early philosophers, especially the wisdom of John Locke as quoted by Wilson in Vol 1 of his works:

‘Tis plain,” says he, ” by the law of right reason, that a child is born a subject of no country or government. He is under his father’s tuition and authority, till he comes to the age of discretion; and then he is a freeman, at liberty what government he will put himself under ; what body politick he will unite himself to.”

Or how about this quote from Cicero that is also found in these works of Wilson’s:

” O glorious regulations!” says Cicero, ” originally established for us by our ancestors of Roman name ; that no one of us should be obliged to belong to more than one society, since a dissimilitude of societies must produce a proportioned variety of laws; that no one, contrary to his inclination, should be deprived of his right of citizenship ; and that no one, contrary to his inclinations, should be obliged to continue in that relation. The power of retaining and of renouncing our rights of citizenship, is the most stable foundation of our liberties.”

Now I think that a guy who was a signer of the Declaration & the Constitution, who was commissioned to write the 1st law books on American law & who helped establish the 1st American Law school would be the ultimate authority on the subject of US citizenship. And while congress may have the authority to pass a statute that says a child born to a legal alien resident may be a citizen at birth, it does not change the language of the constitution that requires a president to be born a US citizen & nothing else. But more importantly, Mark & Erler are right, there is no such thing as birthright citizenship for legal or illegal aliens. Permanent residents or not. I would also welcome Mark’s commentary on when & how US Statute changed the laws pertaining to conferring citizenship at birth. When did the law transfer that natural right from the father to the mother when the child is born in wedlock? Is this not in direct conflict to natural law, the law adopted by the founders & thus the law that defines who are the natural citizens of the United States? The natural law that is so well explained by Grotius, Pufendorf, Locke & Vattel, all of whom the founders where very well learned in & all of whom are referenced in the listing of “Laws of Nature” to whom they refered to that is archived in the annals of the Continental Congress of 1783:

The Committee [Mr. James Madison, Mr. Hugh Williamson and Mr. Thomas Mifflin] instructed on the motion of Col. [Theodorick] Bland to report a list of books proper for the use of Congress, recommend that the Superintendt. of Finance and the Secy. of Congress be empowered to take order for procuring the books enumerated below: the same when procured to be under the care of the said Secy.

Encyclopedie Méthodique.

Dictionaire de l’homme d’État.

Law of Nature and Nations

Madison’s committee then goes on to list several versions from the different philosophers of the laws of nature which you will find by following the provided link to the Congressional record above.

We either have a Constitution or we don’t & the right questions to ask is: Is political expediency more important than the rule of law & is the true patriotism and meaning of constitutional US citizenship gone forever? Congress has been very busy over the past 60 years working to usurp the constitution, especially citizenship laws. It is either time to stand strong & steadfast on our founding principles & the rule of law or retreat into submission. I have never been one of the later and neither do I intend on becoming one lest it be at the barrel of a gun and still then I am unlikely to concede.

In closing, I encourage all my readers to listen to Mark Levin, take notes, but do not stop there. Expand on those tidbits that Mark throws out, employ due dilligence & research for yourself. The art of interpretaing the Constitution & the original intent of the founders is not rocket science.  As Justice Joseph Story stated, it’s mostly just good ole plain & obvious common sense:

In the first place, then, every word employed in the constitution is to be expounded in its plain, obvious, and common sense, unless the context furnishes some ground to control, qualify, or enlarge it.  Constitutions are not designed for metaphysical or logical subtleties, for niceties of expression, for critical propriety, for elaborate shades of meaning, or for the exercise of philosophical acuteness, or juridical research.  They are instruments of a practical nature, founded on the common business of human life, adapted to common wants, designed for common use, and fitted for common understandings.  The people make them; the people adopt them; the people must be supposed to read them, with the help of common sense; and cannot be presumed to admit in them any recondite meaning, or any extraordinary gloss.

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.

 

 

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

KENYAN PARLIMENT CONFIRMS 1ST LADY’S STATEMENT YET AGAIN

Jeff Kuhner, the last honest voice in DC once again speaks out about Obama’s ineligibility & the latest Official Report from the Kenyan Parliament & the “Open Secret” the US lame stream media refuses to address. Kuhner also reports on the US NPR’s(Natl Public Radio) cover-up of their past reporting on Obama’s birth location and the ramifications of the 4th Estate’s (US press) connection to the biggest fraud/hoax ever perpetrated against America & our Constitution  in over a 100 years:

The 1st time Kenya publically declared that Obama was Kenyan born was in 2004 when he was running for the US Senate, then on Nov 5, 2008 they again declared Obama to be a ‘son of their soil’. Since then there have been other public statements made from Kenyan officials and now just last month they again reaffirmed their previous claims that Obama truly is a ‘son of their soil’ in every aspect of the term.

KENYAN NATIONAL ASSEMBLY OFFICIAL REPORT

Thursday, 25th March, 2010

The House met at 2.30 p.m.

The Minister for Lands (Mr. Orengo) makes this statement on page 31 in which they are discussing the Kenyan Constitution:

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? It is because they did away with exclusion.

This statement appears on page 31 of 69 and NO WHERE in any of the remaining 38 pages following the statement of Orengo does any other member make any attempt to correct him. Orengo was the head of the party of Raila Odinga who Obama campaigned for when he was on an official trip while he was a US Senator. Thus, it does not take a great leap of faith that the guy closest to Raila would have been very familiar with the American Senator who brought with him a check for over a million dollars from the “Friends of Barack Obama” that was given to the Odinga election campaign.

For those that missed it the 1st time round, here is the 1st lady speaking to the LGBT in Aug of 2008:

FOLKS, OUR CONSTITUTION DOES MATTER & THIS IS NOT GOING AWAY UNTIL THE USURPER IS REMOVED FROM THE PEOPLE HOUSE!

Kenyan Natl Assembly 3-25-2010 says Obama born in Kenya on pg 31

KuhnerObama Eligibility 4-12-2010

PeterBoyle4-12-2010 obama eligibility update

Did Common Law Really Grant Automatic US Citizenship Upon Birth Regardless Of Parentage?

It has been a long debate for over a 3 decades now, but especially since the appearance of one Barack H Obama and his intentions for possible candidacy as a US President. The opposing views could not be further apart and then there are those who cling to the outside possibility that Obama may have been born outside of the US, but for I and many others who are strict constitutionalists, the mere fact that he was born a British subject at birth was the deciding factor that has kept us researching for the past year & a half.

The one factor that the Obama supporters cling to is some dilluted notion that the founding fathers & colonists adopted English common law that automatically granted citizenship to any child born on US soil. They also claim that the requirement for Congress as laid out in A1 that states one must be a “citizen” is the same and equal to the requirement laid out in A2 for the Executive Branch which requires one to be a “natural born citizen, or a citizen of the United States at the time of the adoption of the constitution” regardless that they are 2 very distinctly different types of citizens.

Researchers & constitutional experts from both sides of the debates agree 100% that the term ‘citizen’ that was adopted for congress allowed for naturalized citizens to attain to those elected offices. Where we have differed is the definition of  term ‘natural born’ citizen. We hold fast to the argument that both parents must be US citizens when the child was born on US soil( born with total & complete allegiance to the US) & the progessive crowd as well as many so called conservative constitutional scholars hold fast to their notion that parentage held no factor in determining citizenship of a child born on US soil.

If that had been the case then there would have never been a need for the grandfather clause in A2S1C5:

No person except a “natural born citizen, or a citizen of the United States at the time of the adoption of this constitution”

So, did the framers really adopt a common law rule that automatically granted US citizenship upon birth as England did? Let’s take a look at what the US government had to say about certain children born on US soil at the time of the adoption of the constitution from recently acquired documents from the national archives. As I’ve stated in the past, one can not limit their research to such a narrow alley that keeps pertinent information from being brought out into the light. You can not define what ‘natural born’ means without looking into all the laws for all types of citizenship and therein lies the answer to the proverbial question: Is Barack H Obama constitutionally qualified to be president under the definition of ‘natural born’ citizen that was adopted & ratified in 1789 by the colonists?

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

Background

The process of naturalization has been a concern of the people of the United States since colonial times. One of the grievances against George III in the Declaration of Independence charged that “he has endeavored to prevent the population of these states; for that purpose obstructing the Laws of Naturalization of Foreigners; refusing to pass others to encourage their migration hither . . . .” This concern was addressed in the United States Constitution, which provided that “Congress shall have the Power … to establish an uniform Rule of

Naturalization . . . .” (Art. 1, Sec. 8).

Congress passed the first naturalization act on March 26, 1790 (1 Stat. 103). The law allowed any free, white alien over the age of twenty-one to apply for citizenship after two year’s residency in the United States. The process simply required an applicant to visit “any common law court of record,” prove to the satisfaction of the court that he or she was of good moral character, and take an oath of allegiance to the Constitution. A judge then ruled on the applicant’s petition. 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.

And then from the national archives on geneology, we find this:

Naturalization Records:

Introduction

Naturalization is the process by which an alien becomes an American citizen. It is a voluntary act; naturalization is not required. Of the foreign-born persons listed on the 1890 through 1930 censuses, 25 percent had not become naturalized or filed their “first papers.”

This article is adapted from Claire Prechtel-Kluskens, “The Location of Naturalization Records,” The Record, Vol. 3, No. 2, pp. 21-22 (Nov. 1996).

The Courts

From the first naturalization law passed by Congress in 1790 through much of the 20th century, an alien could become naturalized in any court of record. Thus, most people went to the court most convenient to them, usually a county court. The names and types of courts vary from State to State. The names and types of courts have also varied during different periods of history–but may include the county supreme, circuit, district, equity, chancery, probate, or common pleas court. Most researchers will find that their ancestors became naturalized in one of these courts. A few State supreme courts also naturalized aliens, such as the supreme courts of Indiana, Idaho, Iowa, Maine, New Jersey, and South Dakota. Aliens who lived in large cities sometimes became naturalized in a Federal court, such as a U.S. district court or U.S. circuit court.

General Rule: The Two-Step Process

Congress passed the first law regulating naturalization in 1790 (1 Stat. 103). As a general rule, naturalization was a two-step process that took a minimum of 5 years. After residing in the United States for 2 years, an alien could file a “declaration of intent” (so-called “first papers”) to become a citizen. After 3 additional years, the alien could “petition for naturalization.” After the petition was granted, a certificate of citizenship was issued to the alien. These two steps did not have to take place in the same court. As a general rule, the “declaration of intent” generally contains more genealogically useful information than the “petition.” The “declaration” may include the alien’s month and year (or possibly the exact date) of immigration into the United States.

Exceptions to the General Rule

Having stated this “two-step, 5-year” general rule, it is necessary to note several exceptions.

The first major exception 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. Unfortunately, however, names and biographical information about wives and children are rarely included in declarations or petitions filed before September 1906. For more information about women in naturalization records, see  Marian L. Smith, “Women and Naturalization, ca. 1802-1940,” Prologue: Quarterly of the National Archives, Vol. 30, No. 2 (Summer 1998): 146-153.

The second major exception to the general rule was that, from 1824 to 1906, minor aliens who had lived in the United States 5 years before their 23rd birthday could file both their declarations and petitions at the same time.

The third major exception to the general rule was the special consideration given to veterans. An 1862 law allowed honorably discharged Army veterans of any war to petition for naturalization–without previously having filed a declaration of intent–after only 1 year of residence in the United States. An 1894 law extended the same no-previous-declaration privilege to honorably discharged 5-year veterans of the Navy or Marine Corps. Over 192,000 aliens were naturalized between May 9, 1918, and June 30, 1919, under an act of May 9, 1918, that allowed aliens serving in the U.S. armed forces during “the present war” to file a petition for naturalization without making a declaration of intent or proving 5 years’ residence. Laws enacted in 1919, 1926, 1940, and 1952 continued various preferential treatment provisions for veterans.

Now a question to all those progressive legal experts & so-called conservative constitutional lawyers out there.

How is it that you can expertly claim that the US adopted some form of common law that automatically granted US citizenship to any child born on US soil; when clearly, as the government archives show, the laws of the day state otherwise? Your claims that the US has always granted US citizenship upon birth on US soil is utterly & completely…

BUSTED!

Progressives have been trying to eliminate or redefine the ‘natural born’ requirement for over 3 decades  and yet they all failed miserably. And even though there was sympathy towards immigrants who served in the military allowing for faster naturalization procedures for the ones that served honorably& who were thusly discharged honorably. This gives me further confirmation as to why the progressives thought they could get away with white-washing McCain’s problem of birth in the Republic of Panama.

Legitimate Questions Deserve Nothing Less Than Legitimate Answers

For over a year now, the Hawaiian officials have refused to release the information by which they have come to their conclusion that Obama is a ‘natural-born’ citizen.

Obama himself has never claimed this status, he clearly states at his site that he is a native to the soil, but never goes as far as to say he is a natural born citizen.

Then we have the DNC nomination documents of 2008 that also never make the claim that Obama is a natural born citizen:

“THIS IS TO CERTIFY that at the National Convention of the Democrat Party of the United States of America, held in Denver, Colorado on August 25 though 28, 2008, the following were duly nominated as candidates of said Party for President and Vice President of the United States respectively:…”

 

But we also have this one, exclusively sent to Hawaii:

“THIS IS TO CERTIFY that at the National Convention of the Democrat Party of the United States of America, held in Denver, Colorado on August 25 though 28, 2008, the following were duly nominated as candidates of said Party for President and Vice President of the United States respectively and that the following candidates for President and Vice President of the United States are legally qualified to serve under the provisions of the United States Constitution.”….

 

So, which is it? It is high time Hawaii puts its laws before its politics. Hawaiian laws that state that any and all material used to make a public statement MUST be released to the public when requested under Hawaiian UIPA(Uniformed Information Pratices Act).

One of my readers is still working to pursue this as Donofrio now must give all his time & attention to his new clients. Please visit Marie G.’s site  to learn more of the Hawaiian UIPA laws and how they should be working for ‘We the People” not the politicians who wish to destroy our great Nation. Here is Marie’s request:

Hello Fellow Patriots,

Recently I posted a message on our forum about the intent to send a “mass” mailing out to Hawaii.

The letters are now available to be viewed and printed from my blog, the mission statement is posted there as well.

For your convenience, you can visit the forum, Natural Born Citizen Coalition for Legal Action, and find the links to my blog in the message titled : “The Date For The Mailing Has Been Set”.

There are copies of several of the provided “letters to Hawaii” on that thread.

http://www.meetup.com…

I, and several others, are sending alerts out to other blog owners also requesting that they post the invitation to join in this campaign. We are expecting an excellent result.

Thank you in advance for your help and your Patriotism.

http://myveryownpointofview.wordpress.com/letters-to-santa-actually-hawaii-doh-oip/

http://myveryownpointofview.wordpress.com/letters-to-santa-actually-hawaii-doh-oip/here-are-the-letters-to-santa-hawaii-all-ready-to-print-sign-and-send/

Sincerely,

G.Marie

To Marie & all others still pursuing the UIPA laws,  best wishes & God Speed.

I have done my own pursuit to no avail and thus have decided to continue my research of American history and will continue to publish my findings. There is a vast ocean of information out there, you just have to be willing to take the time to read it and understand it, as it was written in the 18th & 19th centuries. For with that knowledge, we can begin to right the wrongs done by staying silent while liberal, progressive socialists indoctrinate our youth for their marxist dreams.

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Those that are not learned in past history shall have no future; because if it were not for the past, there would have never been a future.  ~  Author Unknown

As Usual..Liberal Politco Scrubs Their Mistake: Calls Their Own Unscrupulious ACORN/SEIU Thugs, Conservative Tea Party Protesters: Correction in RED

In true liberal journalism, Politico US-PRAVDA Journalism has completely scrubbed clean their error in brashly claiming Tea Party Protesters were arrested this morning. Via FreeRepublic:

Tea partiers hit Capitol
Politico ^

Posted on Thursday, November 05, 2009 10:39:09 AM by Sub-Driver

Tea partiers hit Capitol By: Daniel Libit and Martin Kady II November 5, 2009 11:14 AM EST

Capitol Police arrested nine protesters Thursday morning in the Hart Senate office building as thousands of Tea Party activists descended on the Capitol building to protest the trillion dollar health care bill and government spending.

The gathering was organized by local Tea Party groups around the country, who are arriving in Washington this morning by the busload. Conservative leaders in Congress, led by Michele Bachmann (R-Minn.), have taken to the airwaves to encourage the activists to show up on the Capitol steps and demand meetings with members of Congress. The crowd is expected to grow into the thousands by noon, when Bachmann has promised to lead some protesters to a press conference inside the Capitol to express their opposition to the health care bill in person to members of Congress.

Speaking on conservative talker Laura Ingraham’s radio show this morning, Bachmann encouraged people listening to show up on the West Front steps, but she said they should show up with “cameras” instead of “pitchforks.”

A Capitol Police spokeswoman confirmed to POLITICO that nine activists were arrested in the Hart building, and they are being processed at police headquarters. All the buildings in the Capitol complex remain open for now.

The protesters, who are occupying the patch of grass only a few yards from where Barack Obama took the oath of office on Jan. 20, are chanting “you work for us!” Many are holding signs that echo their distrust of Obama and their belief that he is pursuing socialist policies.

(Excerpt) Read more at politico.com

Politico, in its truest form, jumped the gun and now when you click on the politico link, instead of correcting the error, Politico has completely re-written the article!

YEP…This is the kind of propaganda pushing PRAVDA/ALINSKY style journalism the Obama administration is wanting to bailout/take over next.

Here is who actually was arrestedACORN/SEIU Code Pinko  Thugs trying to take-over Lieberman’s office chanting, “people not profits, health care for all” & “health care is a human right, single payer health care for all”.

I will have the video of today’s rally on the Capital steps uploaded later. I am working on converting the video now. I believe the downloader caught almost all of it. There were a few snafoo’s due to streaming, but the sentiment is ALL There! Take to the phone lines and let us NOT give up this most important fight of our lives & our freedoms!