Posted on 08/03/2009 9:32:38 AM PDT by Crush T Velour
Some so-called Birthers are resting their arguments on Chief Justice Marshall's supposed reliance a claimed "Vetter's" definition of "natural born citizenship". They believe that that court has not ruled on this issue otherwise. This is not so.
This case I've linked to regarded whether a certain child was a natural born citizen because he was born to chinese immigrant parents in the United States who were in the country lawfully.
The SCOTUS determined that the child was a NATURAL BORN citizen for the following reasons:
1. The Constitution nowhere defines the meaning of "citizen" or "natural-born citizen" by way of inclusion or of exclusion, except insofar as this is done by the affirmative declaration that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." In this as in other respects, it must be interpreted in the light of the common law [of England], the principles and history of which were familiarly known to the framers of the Constitution.
2. The fundamental principle of the common law with regard to English nationality was birth within the allegiance, also called "ligealty," "obedience," "faith," or "power" of the King. The principle embraced all persons born within the King's allegiance and subject to his protection. Such allegiance and protection were mutual -- as expressed in the maxim protectio trahit subjectionem, et subjectio protectionem -- and were not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance, but were predicable of aliens in amity so long as they were within the kingdom. Children, born in England, of such aliens were therefore natural-born subjects. But the children, born within the realm, of foreign ambassadors, or the children of alien enemies, born during and within their hostile occupation of part of the King's dominions, were not natural-born subjects because not born within the allegiance, the obedience, or the power, or, as would be said at this day, within the jurisdiction, of the King.
You want to say he wasn't born in Hawaii? Fine. Prove it (I don't think you can). But stop claiming that "natural born" means you have to have two citizen parents. It doesn't. It is settled law for the last 110 years.
The Constitution describes "natural born citizens" and "naturalized citizens" There are no other types. There is no method for a baby born in the US to be naturalized by having a citizen parent. So such children are NATURAL BORN citizens.
To be natural born you have to have one citizen parent who was a citizen for 5 years past his or her 14th birthday. Obama’s mother was only 18.
Fine. In that case 0bama should have no problem in showing all the vital records he is hiding from us.
BUMP!
This is the ruling that created the anchor baby nightmare.
Impossibility of performance. In that case, Obama’s mother can’t held when she was born.
If that is indeed settled law then that would be a useful simplification. ‘Natural born’ just meaning born in the USA.
Of course one would still need the Birth certificate: not just to prove the birth place, but also to check that neither of Obama’s parents were ‘foreign ambassadors’ or ‘alien enemies’
Because if Obama’s father turned out to be an alien enemy: e.g. a Jihadist or someone who defied the US Constitution - then by English common law Obama could not be natural-born.
Which is indeed a colossal can-of-worms. But if that’s the law then so be it. We need to start vetting the parents of everyone born in the US and make sure they swear an oath of allegiance to the Constitution.
*Can’t help. Sorry.
Then why has he spent almost one million dollars t prevent producing a live birth certificate. Remember, his half sister born in Indonesia ub 1970 has a similar certificate of birth from Hawaii.
That creates a reasonable question on whether he was actually born there or some where else.
also, what national passport did he use to visit Parkinstan in 1981 since no US citizen could get a visa.
Finally, he attended school in Indonesia while living with his step father. To attend school there you had to be a citizen of that country and I suspect he was adopted for this purpose.
These are reasonable questions that he could resolve very quuickly.
Then why has he spent almost one million dollars t prevent producing a live birth certificate. Remember, his half sister born in Indonesia ub 1970 has a similar certificate of birth from Hawaii.
That creates a reasonable question on whether he was actually born there or some where else.
also, what national passport did he use to visit Parkinstan in 1981 since no US citizen could get a visa.
Finally, he attended school in Indonesia while living with his step father. To attend school there you had to be a citizen of that country and I suspect he was adopted for this purpose.
These are reasonable questions that he could resolve very quuickly.
Then why has he spent almost one million dollars t prevent producing a live birth certificate. Remember, his half sister born in Indonesia ub 1970 has a similar certificate of birth from Hawaii.
That creates a reasonable question on whether he was actually born there or some where else.
also, what national passport did he use to visit Parkinstan in 1981 since no US citizen could get a visa.
Finally, he attended school in Indonesia while living with his step father. To attend school there you had to be a citizen of that country and I suspect he was adopted for this purpose.
These are reasonable questions that he could resolve very quuickly.
Then why has he spent almost one million dollars t prevent producing a live birth certificate. Remember, his half sister born in Indonesia ub 1970 has a similar certificate of birth from Hawaii.
That creates a reasonable question on whether he was actually born there or some where else.
also, what national passport did he use to visit Parkinstan in 1981 since no US citizen could get a visa.
Finally, he attended school in Indonesia while living with his step father. To attend school there you had to be a citizen of that country and I suspect he was adopted for this purpose.
These are reasonable questions that he could resolve very quuickly.
Then why has he spent almost one million dollars t prevent producing a live birth certificate. Remember, his half sister born in Indonesia ub 1970 has a similar certificate of birth from Hawaii.
That creates a reasonable question on whether he was actually born there or some where else.
also, what national passport did he use to visit Parkinstan in 1981 since no US citizen could get a visa.
Finally, he attended school in Indonesia while living with his step father. To attend school there you had to be a citizen of that country and I suspect he was adopted for this purpose.
These are reasonable questions that he could resolve very quuickly.
Oh so this was a Supreme Court case involving someone running for President?
No of course it is not and as such has no bearing on the issue. For all we know the judge involved was just misusing the word. This case had nothing to do with the eligibility clause of the Constitution. Period.
That was the law when Obama was born.
Supporting the law equates being a lunatic like Rosie? If that's what you think of FReepers, then why are you here?
You want to say he wasn't born in Hawaii?
Obama could have been born in the WH. It still doesn't make him a nautral-born citizen eligible to be President.
Fine. Prove it (I don't think you can).
Not my job. Burden of proof is on your buddy Obama.
But stop claiming that "natural born" means you have to have two citizen parents.
Two natural-born U.S. citizens.
It doesn't. It is settled law for the last 110 years.
What law? Scottish law? Specter, is that you?
The Constitution describes "natural born citizens" and "naturalized citizens" There are no other types. There is no method for a baby born in the US to be naturalized by having a citizen parent. So such children are NATURAL BORN citizens.
You're wrong, and I'd destroy this argument further if it wasn't for me being on my lunch break. But (evil villian cartoon voice) I assure you my FReepers will complete my task!
That's true only if you were born overseas.
One of several.
-James Madison
Doesn’t matter if he was or he wasn’t, at the time of Fauxbama’s birth, his “father” if it was his father, was a citizen of Kenya... as such Fauxbama cannot be considered a natural born citizen. As no child of a parent with allegances to another nation is a natural born citizen.
Foreign, or Dual Citizenship of a parent precludes a child from being natural born under its very definition.
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