Category Archives: Youth Educational Material

Beware of Ignorant Lawyers Posing as “Constitutional Experts”

bangheadagainstwall3The internet can be a very useful tool for researchers of any area of the US Constitution, however, it is also a source used by many useful idiots who, because they have gamed some sort of collegiate degree, they believe themselves to be the ultimate authority in textual interpretation of the US Constitution and its subsequent statutes at large. Take the website supremelaw.org for example. The website is owned by Paul Andrew Mitchell, B.A., M.S. who’s website was created for the sole purpose of making a living by supposedly teaching constitutional law when in fact, it is nothing but a course in understanding Mr. Mitchell’s uneducated view of the US Constitution.

What lead me to Mr. Mitchell’s website was a search I was doing in regards to the Public Salary Tax Act of 1939 as it pertains to the 16th Amendment to the US Constitution. What Mr. Mitchell would have us believe is that the 14th Amendment changed the relationship & nature of citizenship in the 50 united States of America in that it transformed the ‘natural born citizens’ residing in any of the 50 states into ‘aliens’ for the purpose of taxation thereby alienating the creators from the creation. Mr. Mitchell would have us believe that the 14th Amendment created a whole new class of citizens, federal citizens of the District of Columbia and its territories, specifically for purposes of taxation all the while ignoring the fact that it was the representatives of the States united at that time under the US Constitution that ratified the 14th Amendment that made sure that the former slaves of any of the several states of the Union would, from thence forward, have the same legal standing as the free men of the Union. It changed nothing in regards to A1, S8, C4 “To establish an uniform Rule of Naturalization, … “.

Also, Mr. Mitchell would have us believe that the term ‘United States’ as it appears in A1, S8, C4 of the US Constitution refers ONLY to the District of Columbia and the territories that the Federal Government has immediate “authority” over. This is an uneducated interpretation as the Congressional records of the Constitutional convention tell us that the term ‘United States’ as it appears in the US Constitution has several meanings and therefore it is the context of any given article or subsection of that article that dictates the proper meaning of the term used therein.

Therefore, it was not the authors of the 14th Amendment that changed the meaning of the term ‘United States’ as it pertains to citizenship, it is Mr. Mitchell’s ignorance of the rules of interpretation of law that enables the ignorant public at large to remain further ignorant and even more susceptible to their wrongful application of the law that leads them down the path of self inflicted harm because of their ignorance of the law, or their reliance on a person with big letters behind their names as if those big letters are a guarantee that that person actually has studied the actual statutes so to know the law such as Mr. Mitchell who admits to NOT reading the laws. From the very onset of his book, The Federal Zone, Mitchell admits that he has not gone to the actual statutes, but simply relied on treatises written by men or women of the same Constitutional ignorance as Mitchell because of course, they are supposed experts.

Well, let’s test Mr. Mitchell’s expertise.

In the book, The Federal Zone, Mitchell begins by touching upon the Supreme court case, Brushaber v. Union Pacific Railroad Co. Mr. Mitchell’s contention is that it was not the fact that Brushaber was an investor that held stock in a federally held corporation located in the territory of Utah (Utah had not yet become a state of the union) that was the determining factor of the case. Mitchell would have us believe that it was Brushabers’ claim that he was a citizen of the State of New York and resident of the borough of Brooklyn, NY that gave rise to the reason that Brushaber lost the case. Mitchell would have us believe that by claiming to be a ‘citizen’, regardless of the place of residency, Brushaber was claiming to be a citizen of the federally owned District of Columbia because, according to Mitchell, 14th Amendment citizens are aliens of the ‘States of the Union’ and therefore, it was Brushaber’s use of the term ‘citizen’ in reference to himself that made him subject to taxation rather than his financial activity with the federal government that Brushaber engaged in that caused Brushaber to become subject to taxation under the 16th Amendment. This is legal chicanery at its worst and the cause of many fined and jailed citizens who follow such nonsense.

The whole premise of Mitchell’s website, as far as I can determine, is to create  a following so to have the constitutionally legal 16th Amendment repealed and the constitutionally created IRS abolished. It is also Mitchell’s contention that Congress never passed any legislation creating the  Department of Internal Revenue. As I stated above, Mitchell admits to not having actually read the statutes at large, therefore, how would he know that the statute of July 1, 1862 titled “An Act to provide Internal Revenue to support the Government and to pay Interest on the Public Debt” began by stating:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of super-intending the collection of internal duties, stamp duties, licenses, or taxes imposed by this act, or which may be hereafter imposed, and of assessing the same, and office is hereby created in the Treasury Department to be called the office of the Commissioner of Internal Revenue, with an annual salary of four thousand dollars, who shall be charged, and is hereby charged, under the direction of the Secretary of the Treasury, with preparing all the instructions, regulations, directions, forms, blanks, stamps, and licenses, and distributing the same, …”

Now to recap, Mitchell believes that the Department of Internal Revenue and its taxing authority was subsequent to the passing of the 14th Amendment when in fact, the statute that became the 14th Amendment to the US Constitution was created by Congress four years after the establishment of the Department of Internal Revenue and a full four years after the Internal Revenue began collecting the constitutional taxes authorized by the US Constitution. What Mitchell has done is to erroneously put the cart before the horse because Mr. Mitchell was too lazy to do his own research, wholly relying on the constitutional ignorance of others like himself, thereby, not being of the educated mind of our founding fathers, many of whom never stepped one foot in a law school, Mr. Mitchell has ignored the fact that in order for the creation to do what the creators created it do, it would need a revenue system that would give it the means by which to do that which it was created to do.

And then there is Mitchell’s utter lack of understanding of exactly what an excise (duty) tax is, a tax on activity regardless of the person’s citizenship status.

Suffice to say, I can now, without a shadow of a doubt, conclude this review of supremelaw.org and its owner Paul Andrew Mitchell, by rendering my official opinion as an educated citizen of the United States of America and resident of one of the 50 States of that Union, that Mr. Paul Andrew Mitchell, regardless of the big letters he displays after his name from the empty degrees he holds, Mr. Paul Andrew Mitchell is NOT an expert on the US Constitution or the 14th & 16th Amendments to said Constitution and that no one should, for the purposes of educating themselves, entertain anything that is published at Mitchell’s website as a source of constitutional truth.

For those who are truly interested in  becoming the type of educated citizen that the founding fathers as well as the drafters of the 14th & 16th Amendments were, begin by reading,  The Fascinating Truth About The 16th Amendment followed by Bob’s Bicycles. This will give you the proper factual foundation that every truly educated citizen builds their constitutional education upon so to be able to apply the law as Congress, at the time of the adoption of the law, intended them to apply it.

Shalom

 

Pro 28:4 Those who forsake the law praise the wicked, but those who keep the law strive against them. 5 Evil men do not understand justice, but those who seek the LORD understand it completely

Yes Virginia, In You is a Gift of Personal Righteousness

Virginia, you, as I were taught that we can only be saved through the Righteousness of Messiah. Throughout the ages children of God have been taught that we have no righteousness of our own and are totally covered under His. But is this Scriptural? Is this true? No it is not. In fact the truth is the exact opposite of what we were taught.

In Matthew 3:15 Messiah says “Permit it now, for thus it is fitting for us to fill all righteousness”. This means that John’s part in Messiah’s baptism was counted to John as righteousness.

Mat 21:32 “for John came to you in the way of righteousness…”

In Matthew 5:6 in the Sermon on the Mount Messiah says “blessed are those who thirst after righteousness” and then 4 verses later He tells us that in doing righteousness we will be persecuted and in that persecution for doing righteousness, we will be blessed.

Ok Virginia, I know, you are thinking, well Messiah is speaking to the Jews but do we really know for sure that they were all Jews, that they were all citizens of region of Judea which is the correct and proper definition for the word “Jew(s)” in the bible.

We can quickly understand who Messiah was speaking to by going to the book of Acts. In chapter 10 verses 34-35 we see Peter upholding Messiah’s righteousness teaching He gave during His Sermon on the Mount.

Act 10:34 And opening his mouth, Peter said, “Truly I see that God shows no partiality, 35 but in every nation, he who fears Him and does righteousness is accepted by Him.

You see Virginia, righteousness simply means doing what is right according to the instructions that the Word of God gave through Moses. (Mt 5:17-20, 22:37-40, 23:1-3) This is what it means to work out our own salvation. With all our heart, mind and strength we strive to do His instructions as He gave them, to do them to the best of our ability and not as a means of salvation but as evidence of our belief in Him that gave them to us to keep us safe and to bless us.

Act 7:37 “This is the Moses who said to the children of Israel, YHVH your God shall raise up for you a Prophet (Word of God) like me (Moses) from your brothers. Him (Word of God) you shall hear.’ 38 “This is he (Moses) who was in the assembly in the wilderness with the Messenger (Word of God) who spoke to him (Moses) on Mount Sinai, and with our fathers, who received the Living Words to give to us, 39 unto whom our fathers would not become obedient, but thrust away, and in their hearts they turned back to Egypt,

Heb 4:2 For indeed the Gospel was brought to us as well as to them (at Mt Sinai), but the word which they heard did not profit them, not having been mixed with belief in those who heard it.

Joh 1:1 In the beginning was the Word, and the Word was with God, and the Word was God…14 And the Word became flesh and tabernacled among us, and we saw His esteem, esteem as of an only brought-forth of the Father, complete in favour and truth.

Every parent understands that as a parent, they know what is best for their children and we being children of God, God knows what is best for us. When we say that we know better than God and turn to worship Him and live in society according to our own will and not His, we are acting like ungrateful and rebellious children. What happens when we disobey our parents of the flesh? We are disciplined. The same is for our Father in Heaven. When we disobey Him, we remove ourselves from His safety covering (His grace/favor) from which all blessings flow and in doing so we are left exposed to the curses of the world.

Heb 12:7 If you endure discipline, God is treating you as sons. For what son is there whom a father does not discipline? 8 But if you are without discipline, of which all have become sharers, then you are illegitimate and not sons. 9 Moreover, we indeed had fathers of our flesh disciplining us, and we paid them respect. Shall we not much rather be subject to the Father of spirits, and live? 10 For they indeed disciplined us for a few days as seemed best to them, but He does it for our profit, so that we might share His apartness.

Now knowing and understanding that in the flesh we can never be perfect as Messiah was perfect, God from the beginning has revealed an additional Righteousness to come. A Righteousness that has now been fulfilled for all to come under, all that have gone before us and all that are to come, as God’s Word and His promises are outside of time. They speak to all generations as if all generations existed at the same time.

Rom 3:21 But now, apart from the Torah, a Righteousness of God has been revealed, being witnessed by the Torah and the Prophets, 22 and the Righteousness of God is through belief in Yeshua Messiah to all and on all who believe.

Heb 11:1 And belief is the substance of what is expected, the proof of what is not seen. 2 For by this the elders obtained witness. 3 By belief, we understand that the ages were prepared by the word of God, so that what is seen was not made of what is visible…8  By belief, Aḇraham obeyed when he was called to go out to the place which he was about to receive as an inheritance. And he went out, not knowing where he was going.

Rom 4:3 For what does the Scripture say? “Aḇraham believed God, and it was reckoned to him for righteousness … Gen 15:6 And he believed in YHVH, and He reckoned it to him for righteousness. Gen 26:5 because Aḇraham obeyed My voice and guarded My Charge: My commands, My laws, and My Torah.

Who and what was it that Abraham believed and in that belief Abraham obeyed?

Gen 15:1 After these events the Word of YHVH came to Aḇram in a vision, saying, “Do not be afraid, Aḇram. I am your shield, your reward is exceedingly great.”

Belief in the Son is belief in His Word as the two are one in the same and through Messiah’s Righteousness and His shed blood, we now have security to know that as long as we strive to do that same righteousness that John the Baptist did by being obedient unto death, as long as we acknowledge our sin, ask forgiveness then go and do that sin no more, we too can reach the goal of eternal life just as His only begotten Son, the Living Word did.

1Jn 2:28 And now, little children, stay in Him, so that when He appears, we might have boldness and not be ashamed before Him at His coming. 29 If you know that He is righteous, you know that everyone doing righteousness has been born of Him.

1Jn 3:7 Little children, let no one lead you astray. The one doing righteousness is righteous, even as Messiah is righteous… 10 In this the children of God and the children of the devil are manifest: Everyone not doing righteousness is not of God,

From Genesis to Revelation, the Bible teaches us that there is righteousness for us to attain to. Not for salvation but as evidence thereof. We do what we believe because we believe in what we do. Salvation came in the form of the flesh to instruct and teach us the proper way to do righteousness in the flesh. He did not take it away for if He did then even His own Righteousness which we need in the end is also taken away. If that which defines what sin is according to God (the Father in whose Authority Messiah came in) is gone, then that leaves us in a pretty precarious state as then we have no need of a Messiah at all and everyone can continue to do what is right in their own eyes according to their own will rather than according to God’s will.

Yes Virginia, the Living Word was nailed to the cross, however, that Living Word then resurrected in all its Glory and Splendor as it was in the beginning so that it would forever shine forth throughout the entire world. Through resurrection, the Living Word defeated eternal death thereby obtaining eternal victory over the Adversary of the Living Word.

Know this then, if we are in the Light of the Living Word and He in us, then the Light of the Living Word and all His Righteousness reflects in all that we do because we believe and strive with all our heart, mind and strength, and in humble submission to the One who gave life to both we and His Living Word, if we do this just as the Living Word did while He was in the flesh that was according to what He was supposed to do according to the Father’s instructions, we too will achieve to the same righteousness as our forefathers did and in ‘That Day’ we all together will receive our own crown as Messiah did.

Heb 11:39 And having obtained witness through the belief, all these did not receive the promise, 40 God having provided what is better for us, that they should not be made perfect apart from us.

So Virginia, do not let anyone continue to deceive you. You do have your own righteousness in you and this righteousness is a gift, a blessing from God your Father and He is patiently waiting for you to un-wrap this gift, then share this gift from Him with the world.

 

 

 

Charge of God’s “Light” Brigade

As some may recall, from recent news, a “National Call to Prayer” for the economic crisis in our nation was held in Texas. I found it rather interesting that they chose Saturday as the day rather than having it held as a national event during Sunday worship services. Why Saturday & not on Sunday when the majority of all Christians worship? Well, this morning during my daily walk with God, the light bulb went off! Let me tell you about it.

One of my now all-time favorite movies is “The Blindside”. The message it sends is so powerful and speaks to so many subject matters that one cannot fully grasp its power in one sitting. The overtones of all the spiritual healing that Jesus taught through his works that are written in the New Testament are astounding. The overtones of His protection for His children cannot be escaped for ones who truly seek Him.

So where did the light come in for me?

The one scene that has stood out for me for some reason was towards the end. The dreadful term paper all students fear as it holds such great weight to their final reward. Do they pass or do they fail? And the choice of literature one chooses for that paper is as important as the paper itself. How do you write about something you do not know or understand? Is not understanding, the root of all knowledge? Let’s reflect on the understanding…

“Their’s is not to question why, their’s but to do & die”

What was Alfred Lord Tennyson really saying when he wrote the now famous “Charge of the Light Brigade”? What knowledge through understanding can we gleam about God from this famous poem?

“Their’s not to question why”

All our life we are told to question everything, especially authority. I agree to a certain extent as all things in life need to have boundaries that protect them. Those boundaries are put there for our protection and what happens when you cross over the boundaries of protection? You are exposed to all sorts of danger & evil. So what we really should have been taught is to question authority with discernment. Proper discernment regarding authority tells us that man is fallible but God is not. God never changes & neither does His Word. He set boundaries for His children for a good reason and one day He will tell us all about it.

Until then, with proper discernment, let’s go to the Gospels to discern the proper understanding of Matthew 5:17-20.

 “Do not think that I came to destroy the Law or the Prophets. I did not come to destroy but to fulfill. For assuredly, I say to you, till heaven and earth pass away, one jot or one tittle will by no means pass from the law till all is fulfilled. Whoever therefore breaks one of the least of these commandments, and teaches men so, shall be called least in the kingdom of heaven; but whoever does and teaches them, he shall be called great in the kingdom of heaven. For I say to you, that unless your righteousness exceeds the righteousness of the scribes and Pharisees, you will by no means enter the kingdom of heaven.

I want to point out two key phrases in this passage: “Law & Prophets” and “to fulfill”.

“To fulfill”. . . Church authority, theology of man, has taught us that this means that through the crucifixion & resurrection, we are no longer bound to the 10 Commandments or Gods’ statutes & ordinances He spoke to His people through Moses & the Prophets. We are now saved by grace through faith alone. If we sin, all we have to do pray for forgiveness and then keep living our lives the way WE want to as the flesh is separate from the spirit. But is that so? When did circumcision of the heart first appear? Modern clergy & theologians tell us it began in the New Testament with Jesus but I beg to differ with them as God clearly spoke it through Moses in the desert before His children even entered the Promised Land.

Deuteronomy 30:6 ~ And the LORD your God will circumcise your heart and the heart of your descendants, to love the LORD your God with all your heart and with all your soul, that you may live.

Ezekiel 11:19 ~ Then I will give them one heart, and I will put a new spirit within them, and take the stony heart out of their flesh, and give them a heart of flesh

This is the new covenant spoken by Paul in his letter to the gentile church at Corinth.

2 Corinthians 3: 4-6, 12-18 ~ And we have such trust through Christ toward God. Not that we are sufficient of ourselves to think of anything as being from ourselves, but our sufficiency is from God, who also made us sufficient as ministers of the new covenant, not of the letter but of the Spirit; for the letter kills, but the Spirit gives life. . . Therefore, since we have such hope, we use great boldness of speech— unlike Moses, who put a veil over his face so that the children of Israel could not look steadily at the end of what was passing away. But their minds were blinded. For until this day the same veil remains unlifted in the reading of the Old Testament, because the veil is taken away in Christ. But even to this day, when Moses is read, a veil lies on their heart. Nevertheless when one turns to the Lord, the veil is taken away. Now the Lord is the Spirit; and where the Spirit of the Lord is, there is liberty. But we all, with unveiled face, beholding as in a mirror the glory of the Lord, are being transformed into the same image from glory to glory, just as by the Spirit of the Lord.

Paul is teaching that even though the veil remains for many of His children, God has lifted that veil for those who have entered into His faith; including those who had never heard the Word of God let alone read about it.

In God’s language, one of the roots words for fulfill is H7999 (shalom) שׁלם. Reading right to left we have the Hebrew letters sheen: fire, destroy (sh), lamed: strength, authority (l) and mem: chaos (m).  Can you see the simplicity of God’s language? Does this word remind you of an oft spoken & sung word in the church? It should. To fulfill is to bring peace. SHALOM! Shalom is “The authority that destroys chaos!” Hebrew doesn’t have vowels thus those jots & tittles Jesus spoke of are what fills in the vowels so we know which Hebrew word He is speaking. Without those jots & tittles His spoken & written word gets all twisted & messed up. And who does that best? Man does!

For the discerned heart then, how do we get peace? Through RESTORATION. In Hebrew, God’s language spoken though Moses & the Prophets, to fulfill is to RESTORE! Not to abolish. Jesus said He came to RESTORE not abolish!

Now that we have that down, we need to understand what Jesus really spoke about the “Law & the Prophets”. Were those really His words?  And why are they Capitalized?

In the Hebrew scroll of Matthew that the Greek NT was written from, Law & Prophets is written as one word, (Torah) תּורה. Again, reading right to left we have the tav: mark of as in mark of the covenant, seal as in covenant seal (t), the vav: nail that binds (in this case it is a silent connector), the reysh: head (r) and the Hey: behold, reveal (h). Sounded out we get the spoken word “TORAH”. In other words, what Jesus was saying is that “Behold, the New Covenant of I AM”. The reason “Law & Prophets” is capitalized is that it is “The Word”, the spoken & written eternal & forever covenant of God that Jesus came to instruct upon as man had messed it all up!  God had it written down so it could be taught to all generations, from beginning to end and that is why the Five Books of Moses are called the “Torah”. They contain everything we need to know about our Messiah & our spiritual marriage covenant with God. These five books contain all of the “I shalls and I shall nots. Ask yourself, what happens when you break a marriage vow? Then ask yourself how could it be that He came to abolish that which He came to restore which is His everlasting covenant that binds He to us & us to He? Does a marriage counselor tell a couple that in order to sustain the marriage they must keep breaking their vows? Absolutely not! So where did the idea that Jesus came in order to break His Father’s everlasting covenant come from? Well, that is for another lesson and it is a very enlightening one at that. For now, let’s continue on by returning to Alfred Lord Tennyson’s poem.

“Their’s but to do & die”

Sounds fatal doesn’t it? Taken in a legalistic sense yes; but let’s look at it from a spiritual sense.

“Do”, to serve, to labor, to guard. What was the first commandment God gave to Adam? To do, he was to lovingly tend & guard the garden. He was to be the protector of the gates as not to let any weeds or chaos enter into it. But what happened? Adam fell asleep on the job so to speak and guess who snuck in, the snake who thrives on chaos. He, whose entire being depends on it. Chaos is what happens when we do not protect our hearts from its host. When we do not faithfully tend & guard in God’s Torah, chaos breaks out in our lives, both physically & mentally because we do not understand the awesomeness of His power as the head of the spiritual family. God is our commander, our leader, our protector & our salvation. Every house has rules in order that chaos does not break out and in God’s house there is no exemption. But like a responsible parent’s love, His guides us with tough love and with a gentile hand during the times we truly mess up.

In Hebrew, love is spelled רחם. Again, reading right to left we have the reysh, the head (r), the chet, the fence that protects (ch as in Bach) and the mem, the chaos (m). God tells us that love is “The head that protests the children from chaos”. Does a loving parent let their child run amuck causing chaos in the entire neighborhood as well as their own home or do they gently sit them down to instruct them, to guide them, which in turn protects them from their ignorance? When one loves their parents with their whole heart they strive to always please the parent.

“Die”, to go, walk, come. Where did we come from? Where are we walking? Where shall we go? These are all very important questions each one of us must answer.  Jesus said in Mark 10, “take up your cross and follow me” and Psalms 85 tells us that His footsteps are our pathway. Wow, sounds like both action & direction as we see from the Hebrew definition of “die”. Mark 7 & Luke 13: Make straight my path, enter through the narrow gate, narrow is the gate and difficult is the path, wide is the gate & the path to destruction.

It is human instinct to take the path of least resistance, is it not? Well, since we are not talking of human flesh, we need to concentrate on whose spirit is leading us through the path of our life in the flesh. It is this path that leads us to where we will be going. Do we die to the chaos of the flesh that leads us down the broad path to the wide gate of destruction or do we die to the spirit of eternal life by lovingly tending & guarding His Word to make straight the path to the narrow gate in order that we do not miss it. If the world does not see Him in us, how are they to know He even exists? Some of the scribes and Pharisees had changed so much of God’s Word that a lot of people, including scribes and Pharisees didn’t even recognized Jesus as the Messiah while He walked with them in the flesh. Out of ignorance, they instead sought out destruction, the destruction of the Messiah that had come for them.

Matthew 5:20 ~ For I say to you, that unless your righteousness exceeds the righteousness of the scribes and Pharisees, you will by no means enter the kingdom of heaven

Jesus was talking about trustful & faithful obedience, not abundance of knowledge. The adding to & subtracting from God’s word by scribes & Pharisees had caused great chaos. Jesus considered them the lowest of the low. Jesus came as our light in order that we may understand; so that we would be a testimonial light to the future generations of the world after He ascended to be with His Father. He, Jesus, taught that that understanding comes from Moses, “have you not read in the book of Moses, in the burning bush passage, how God spoke to him, saying, ‘I am the God of Abraham, the God of Isaac, and the God of Jacob’?” (Mark 12)

1Pe 2:9 But you are a chosen race, a royal priesthood, a set-apart nation, a people for a possession, that you should proclaim the praises of Him who called you out of darkness into His marvelous light, Footnote: Ex 19:5-9. 10 who once were not a people, but now the people of God; who had not obtained compassion, but now obtained compassion. … 21 For to this you were called, because Messiah also suffered for us, leaving us an example, that you should follow His steps,1 Footnote: 11 Cor. 11:1, 1 John 2:6. 22 who committed no sin,1 nor was deceit found in His mouth,”2 Footnotes: 1John 8:55, John 15:10, 2 Cor. 5:21, John 3:5. 2Isa.53:9.

Which leads me back to the question, why have a national call to prayer to plead to God to destroy chaos on Saturday and not on Sunday? Maybe because they thought they could more easily get God’s ear on His day of rest & worship rather the man-made one that was adopted from the chaos that first appeared in the Garden of Eden? The chaos that was at the foot of Mt Sinai when Moses first descended with God’s 10 Words that God, himself, spoke to the crowd for all to hear; the chaos that rejected God’s Sabbath for a day appointed by man and for man against the will and desire of Our Father in Heaven.

Well, I do not know what the outcome of the national prayer will be; however I do know how the poem ended.  Alfred Lord Tennyson went on. . .

Into the valley of death rode the six hundred! . . . When can their glory fade? O the wild charge they made! . . . Honor the charge they made, Honor the Light Brigade, Noble six hundred.

The brigade feared not. They whole heartily honored and trusted their leader, never questioning his authority or commands. Now that’s FAITH! That’s Glory! That’s HONOR!

God is seeking hearts like that of the Six Hundred for His Brigade! Keep watch for the news of the new Saturday Sabbath study/worship coming soon.

Open Letter to ALL South Dakota & National Media

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

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

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

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

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

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

“As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.‘s children.” 

I have the webshot saved.

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

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

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

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

We are slaves only to God, not to man. 

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

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

George Washington in his farewell address stated:

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

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

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

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

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

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

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

God’s Grace & Peace,

Linda Melin

dlmelin@unitelsd.com

http://constitutionallyspeaking.wordpress.com

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

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

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

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

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

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

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

14th Amendment Birthright Citizenship & The Law of Statelessness

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Declaration of Independence ; July 4, 1776

When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.

Expatriation Act July 27, 1868

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Linda Melin, citizen researcher

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

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

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

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

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

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

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

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

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

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

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

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

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

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

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

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

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

click on photo for a larger view

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

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

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

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

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

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

So, just how reliable is Pawlenty’s CNN?

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

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

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

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

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

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

“Subject to the Jurisdiction”: You Can’t Have It Both Ways UPDATED with 2 Official Proclamations From The US Administration of 1859

Since the SD legislature has refused to address the birthright citizernship issue, I decided to give it another go with Sen. Thune on a national level.  As that “IS” the level of government in which it rightly should be addressed.

In my call to his office today I inquired:

Can the phrase “subject to the jurisdiction” mean one thing for persons born and another for persons naturalized without it specifically separating the two in the initial language of the bill? If it does not, then that would mean that either there is no constitutional provision for anchor babies aka birthright citizenship for children born to parents in which one or more is an alien or that the oaths that immigrants must take renouncing any and all foreign allegiances is wholly unconstitutional and the US State Dept must immediately cease and desist in requiring it. If it is as some claim, that mere birth alone creates citizens, then it would also leave the Expatriation Act of 1868 formally known as “An Act concerning the Rights of American Citizens in foreign States” completely unconstitutional and thereby creating complete chaos of the laws of nations not to mention the treaties signed by our government from its founding. The Expatriation Act of 1868, known as the sister act to the 14th Amendment, is still in force today as part of Title 8, while some parts of it were transferred under Foreign Affairs. This law is the basis for the renunciation oath that all immigrants must take and is the law which gives Congress the right & authority to rebuke a naturalized citizen’s US citizenship status & have that person deported for “bad behavior”. It is also the law that states that dual allegiance is not now nor ever has been part of our legal system. The Act states: “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” and then goes on to declare ” is hereby declared inconsistent with the fundamental principles of this government”.

From all the research into the congressional archives & past legislation that I have done from our founding to the present, and all the historical evidence that I have acquired, it is my conclusion that “subject to the jurisdiction” as it is written into the law can not suppose to repudiate itself nor are laws to be made that create redundancy. Gustafson v. Alloyd Co., Inc., 513 U.S. 561, 562 (1995). I would like to hear how Sen. Thune, being a lawyer & writer/author of our laws can suppose a phrase mean two different things in the same law without specifically addressing them separately?

The 1995 Supreme Court case of  Gustafson v. Alloyd Co., Inc., 513 U.S. 561, 562 concluded that:

[562] The Act’s structure and § 12’s language reinforce this view. In addition, since the primary innovation of the Act was the creation of federal duties-for the most part registration and disclosure obligations-in connection with public offerings, it is reasonable to conclude that the liability provisions were designed primarily to provide remedies for violations of these obligations rather than to conclude that § 12(2) creates vast additional liabilities that are quite independent of them. Congress would have been specific had it intended “prospectus” to have a different meaning in § 12. Pp. 570-573 . . . [563] The Act’s legislative history clearly indicates that Congress contemplated that § 12(2) would apply only to public offerings by an issuer or controlling shareholder, and nothing in that history suggests that Congress intended to create a formal prospectus required to comply with both §§ 10 and 12, and a second, less formal prospectus, to which only § 12 would be applicable. Pp. 578-584.

In other words, when a “term” or “phrase” of the law pertains to two different subject matter, unless otherwise stated in the statute by congress, the “term” or “phrase” shall be interpreted as to not repudiate itself.

The 14th Amendment is a prime example of this rule of law, i. e. birth & naturalization. According to Justice Kennedy, who delivered the opinion of the court in Gustafson v. Alloyd Co., Inc. on the rules pertaining to interpretation of laws, we can now surmise that the phrase “subject to the jurisdiction” in the 14th Amendment shall have the exact same meaning for the one as it does for the other unless otherwise stated specifically by Congress in subsequent legislation or in the definitions of the “terms” & “phrases” of that law that is written in the US code .

Furthermore, according to Justice Kennedy the corresponding legislation to the 14th, the Expatriation Act of 1868 being that subsequent legislation, shall also have no affect on the law as to create any redundancy or repudiation of the 14th & the 1866 Civil Rights Act which held the verbiage of the codified law until it was changed in 1940 when the 14th & the 1866 Acts were consolidated into one.

Constitutional & legislative interpretation was written centuries ago and after the revolution there was but a couple of law schools in the US. It wasn’t until 1833 that Supreme Court Justice Joseph Story, also founder of Harvard Law school, wrote in his commentaries about constitutional interpretation that is still cited to this day. Chapter 5 titled “Rules of Interpretation”, Section 188 & 194 of his Commentaries on the Constitution of the United States:

§ 188.  IV. From the foregoing considerations we deduce the conclusion, that as a frame or fundamental law of government, (2.) The constitution of the United States is to receive a reasonable interpretation of its language, and its powers, keeping in view the objects and purposes, for which those powers were conferred.  By a reasonable interpretation, we mean, that in case the words are susceptible of two different senses, the one strict, the other more enlarged, that should be adopted, which is most consonant with the apparent objects and intent of the constitution; that which will give it efficacy and force, as a government, rather than that, which will impair its operations, and reduce it to a state of imbecility.  Of course we do not mean, that the words for this purpose are to be strained beyond their common and natural sense; but keeping within that limit, the exposition is to have a fair and just latitude, so as on the one hand to avoid obvious mischief, and on the other hand to promote the public good.

§ 194.  VIII. No construction of a given power is to be allowed, which plainly defeats, or impairs its avowed objects.  If, therefore, the words are fairly susceptible of two interpretations, according to their common sense and use, the one of which would defeat one, or all of the objects, for which it was obviously given, and the other of which would preserve and promote all, the former interpretation ought to be rejected, and the latter be held the true interpretation.  This rule results from the dictates of mere common sense; for every instrument ought to be so construed, ut magis valeat, quam pereat (the interpretation that makes a contract valid rather than the one that makes it invalid; law.nyu.edu).

And this brings us to the power granted to Congress regarding citizenship. Article 1, Section 8, Clause 4:

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

Congress was afforded the power to naturalize citizens, but only nature could provide for the “natural born”. Naturalized citizens are required by law to formally renounce, in front of a judge, any and all allegiances they may have to any foreign sovereign, potentate or nation & relinquish any and all titles of nobility to or of the same. They must declare that they personally & individually consent to hold but one citizenship, that of the United States. Therefore, the term “subject to the jurisdiction” means owing allegiance to one & ONLY ONE nation which is also currently noted in the historical archives of the Library of Congress on Immigration & Naturalization (1840-1950 when women, under law, were formally granted the right to keep a separate citizenship than that of their husband thereby adding to the destruction of the unified family under the laws of Nature & Nature’s God).

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 one thing I have yet to find is a US law which specifically repealed the law of nations doctrine of transference of citizenship to children born in wedlock in a country where the father is a foreigner. All the citizenship treaties between the US and foreign nations were written based on the laws of nature & nations. I have yet to find in the international laws, reference that a child who is born in wedlock to parents who are citizens of different nations receives the nationality of both parents. As far as I can find, the doctrine described above from the Library of Congress pertaining to children born in these cases, is still on the books but hidden rather good in the extensive codes that are hard to manuever through. Common sense tells us that at some point these children will have to make a formal declaration as to which country they want to be a citizen of as an adult and it would require a formal renunciation of one of those citizenships they supposedly acquired. In my mind & from my understanding of the law, these children are really citizens of neither. They merely partake in the rights of their parents, the benefits & rights of which ever parent best suits their needs on any given particular day without having to show a complete and absolute allegiance to either nation.

The naturalization laws from 1790- reflected what was already required of those born in the United States from July 4, 1776, that they be born to parents who did not owe any allegiance to any foreign nation. Rep Bingham, framer of the 1866 Civil Rights Act, the 14th Amendment & the subsequent legislation of the 1868 Expatriation Act:

 “All from other lands, who by the terms of [congressional] laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens. Gentleman can find no exception to this statement touching natural-born citizens except what is said in the Constitution relating to Indians.” (Cong. Globe, 37th, 2nd Sess., 1639 (1862))

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 (Cong. Globe, 39th, 1st Sess., 1291 March 9, 1866 )

And later after the passing of the 14th & the Expatriation Act we find Bingham once again on the floor of Congress in 1872 debating legislation pertaining to a US citizen jailed in Cuba:

As to the question of citizenship I am willing to resolve all doubts in favor of a citizen of the United States. That Dr. Houard is a natural-born citizen of the United States there is no room for the shadow of a doubt. He was born of naturalized parents within the jurisdiction of the United States, and by the express words of the Constitution, as amended to-day, he is declared to all the world to be a citizen of the United States by birth. (The term “to-day”, as used by Bingham, means “to date”.  Obviously, the Constitution had not been amended on April 25, 1872. by Leo Donofrio, Esq.)

Mr Speaker, the next point in the issue is as to expatriation. Expatriation is one of the most imprescribtible right of men. To assert it the American government waged war against Great Britain, in what is known in our history as the “second war for independence,” for three years. The right of expatriation is one of the fundamental principles of American government. (Cong. Globe, House of Representatives, 42nd Congress, 2nd Session page 2791)

First, the “second war for independence” that Rep Bingham is referring to is of course the “War of 1812” in which Great Britain was not acknowledging the rights of former British subjects who had become naturalized in the United States as well as children born on American soil to former founding British subjects who had adhered to the American revolution. The British government was clinging bitterly to their feudal doctrine of perpetual allegiance, once a Brit always a Brit, that the founders had cast off to adopt the laws of Nature & Nature’s God. Secondly, if the nationality of the parents at the time of the child’s birth was immaterial to gaining US citizenship, Bingham would have merely stated that “Dr. Houard is a natural born citizen because he was born in the jurisdiction of the United States“. 

Now previous to Bingham’s statements on the floor of Congress from 1862 to 1872 which was never disputed, we find an even earlier reference that was also not disputed regarding allegiance & citizenship and how children of foreigners born on US soil gain citizenship:

28th Congress, 2nd Session page 129 

First, the act of 1802, which repeals all former acts…provides for the children of aliens, whether born within or out of the United States: 

SEC 4 And be it further enacted That the children…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 State (April 14 1802 US Statutes at Large Vol 2 pg 155)

There is no ambiguity here. “Subject to the jurisdiction” means owing allegiance to ONLY the Unites States, either at birth or by naturalization. Children of foreigners, whether born here or abroad do not gain citizenship as a child until the parents themselves become citizens. This is the doctrine of citizenship through tacit consent that goes back to the time of Adam & Eve. Society is supposed to desire this, in consequence of what it owes to its own preservation. 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. (Law of Nations Bk1, Chap 19, Sec. 212)

Native refers to soil, Natural refers to blood. To this there is no dispute in the laws of God, of Nature & of man. (Webster’s Dictionary for the US Constitution (1828) Vol 1 and Vol 2 per request by the US Congress). And although according to Title 8 of the US Code, natives may be Nationals, not all Nationals are US citizens and they certainly are not natural born citizens because under the color of the law, one can not pass naturally to their minor child by the law of tacit consent that which they themselves first do not possess.

So No, You Can’t Have It Both Ways!

UPDATES:  NY Times 1859 natural-native defined by US Govt Administration  

  

  

  

  

  

  

  

  

  

NY Times 1859 natural-native defined by US AG

 

 

 
 
 
 
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  
 

 

 

  

Linda Melin, citizen researcher

H/T to Leo Donofrio, Esq. @ Natural Born Citizen & his citizens researchers and my many fellow citizen researchers at Free Republic

copyright 2011

No part of this article may be reprinted or cross-posted 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.

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.

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