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America’s Two Unconstitutional Presidents
Examiner.com ^ | 12-14-2009 | Dianna Cotter

Posted on 12/14/2009 7:02:03 AM PST by Danae

Students of history know that history repeats itself, and today we are reliving the past of 1880’s. Some of the similarities between the 21st President and the 44th are startling, and the ramifications are huge.

(Snip)

During the campaign of 1880, questions were asked about Chester’s birth place, but just as today, those doing the research were looking in the wrong direction. Arthur’s father, William Arthur was a British citizen at the time of the future President’s birth. Born in Ballymena, Ireland in 1796 he would not become a Naturalized citizen until August 31st, 1843. No one ever checked into his immigration status at the time of his son’s birth. Chester Arthur, 14 at the time his father was naturalized, and would surely have known this. Sound somewhat familiar?

(Snip)

Today, a direct and startlingly similar situation exists between President Arthur and President Obama. The 44th President was also born to a British citizen, not a naturalized citizen of the United States. For the same reasons both Presidents were not eligible for the office, the only difference lay in Barack Obama’s public admission of his father’s status:

(Excerpt) Read more at examiner.com ...


TOPICS:
KEYWORDS: birthcertificate; birthers; certifigate; citizenship; impeachobama; naturalborn; obama; trollsonfr
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To: Non-Sequitur
But Chief Justice Waite does not go on to specifically define natural-born citizen, does he? He does not say that those born in the U.S. of foreign parents are natural born citzens. He also does not say that they are not.

He's stating below what "natural born" was understood by the framers of the Constitution to mean at the time it was written.

"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."
141 posted on 12/14/2009 11:48:27 AM PST by aruanan
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To: cvq3842
Could be Malcoms X is zero's old man as well,only DNA will tell for sure. Either way that would surely change the equation. Not exactly the info ozero would like to have made public either way.
142 posted on 12/14/2009 11:56:53 AM PST by rodguy911 (HOME OF THE FREE BECAUSE OF THE BRAVE--GO SARAHCUDA !!)
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To: Joe 6-pack
I believe that even a dual citizen would not necessarily be what the founders had in mind as a “natural born citizen.” I think part of what they had in mind was to have a President who had no allegiance whatsoever to any other country but the US. The constitution may not specifically say that anywhere just my take on things.
143 posted on 12/14/2009 12:00:54 PM PST by rodguy911 (HOME OF THE FREE BECAUSE OF THE BRAVE--GO SARAHCUDA !!)
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To: Non-Sequitur

it is no different than you trying to twist the definition of NBC or even citizen as adopted by the 14th, one owing no allegiance to any foreign sovereignty.


144 posted on 12/14/2009 12:00:59 PM PST by patlin (1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
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To: Danae

Brilliant post here.


145 posted on 12/14/2009 12:02:36 PM PST by rodguy911 (HOME OF THE FREE BECAUSE OF THE BRAVE--GO SARAHCUDA !!)
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To: Tublecane

“Everything you say about Obama’s muslim sympathies isn’t about the law. It’s about politics”

It has nothing to do with politics, it has everything to do with national security.


146 posted on 12/14/2009 12:03:05 PM PST by patlin (1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
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To: Non-Sequitur
Your comments have nothing to do with the eligibility question.
147 posted on 12/14/2009 12:05:30 PM PST by rodguy911 (HOME OF THE FREE BECAUSE OF THE BRAVE--GO SARAHCUDA !!)
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To: aruanan
He's stating below what "natural born" was understood by the framers of the Constitution to mean at the time it was written.

And then he continues: "Some authorities go further, and include as citizens children born within the jurisdiction, without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first." And he does nothing to ally those doubts for whoever may have them. He does not say that children born in the U.S. to non-citizen parents are not natural-born citizens. He does not say that only children born in the U.S. of citizen parents are natural-born citizens. The quote is meaningless as support for those who claim multiple forms of citizenship based on the citizenship of the parent.

148 posted on 12/14/2009 12:09:29 PM PST by Non-Sequitur
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To: patlin
it is no different than you trying to twist the definition of NBC or even citizen as adopted by the 14th, one owing no allegiance to any foreign sovereignty.

In order for me to be twisting it you would have to offer some definitive definition of natural-born citizen as outlined in the Constitution or by law. What you claim is 'twisting' is simple disagreement with your unsupported opinions.

149 posted on 12/14/2009 12:11:07 PM PST by Non-Sequitur
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To: rodguy911
Could be Malcoms X is zero's old man as well,only DNA will tell for sure.

In which case that would put the whole natural-born citizenship question to rest, wouldn't it?

150 posted on 12/14/2009 12:13:09 PM PST by Non-Sequitur
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To: rodguy911
Your comments have nothing to do with the eligibility question.

They do. It goes back to the definition of natural-born citizen.

151 posted on 12/14/2009 12:15:31 PM PST by Non-Sequitur
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To: Tublecane
For all your rhetoric, you still miss the point.

Though you admitted it earlier. There is mention of two separate and distinct types of citizenship. Citizen, and natural born citizen. If there was no difference it would be simply citizen. But that is not the case.

The case states that Ark was a citizen, but not a natural born citizen. Why? Because in regards to cases where the citizenship of a person is looked at while also considering the citizenship of their parents, there are doubts as to the extent of their citizenship. In other words, they are a citizen, but are they a Natural Born Citizen? On that question there are doubts. The SCOTUS has not yet had a specific case to decide it, YET.

See also this article starting on page 134 "A Question of Citizenship"

The Nation Citizenship http://www.scribd.com/doc/24094510/The-Nation-Citizenship
152 posted on 12/14/2009 12:37:38 PM PST by Danae (No political party should pick candidates. That's the voters job.)
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To: Danae

Thanks Danae.....reading it now.

Looks like a swarm of non-natural born citizen obama rumpswabs have been busy on this thread ;)


153 posted on 12/14/2009 1:12:02 PM PST by Electric Graffiti (Yonder stands your orphan with his gun)
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To: Danae; Tublecane; Non-Sequitur
"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. Some authorities go further, and include as citizens children born within the jurisdiction, without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient, for everything we have now to consider, that all children, born of citizen parents within the jurisdiction, are themselves citizens."

Danae:

Even Leo D'Onofrio, whom you and I both admire, admits that Waite's statement "it is not necessary to resolve these doubts" means that Obama's NBC issue has not been resolved as of Wong. That can only mean that based on Minor and Wong it cannot be stated with certainty that Obama is NOT NBC, only that there is doubt that he is NBC.

That doesn't mean that in the future, perhaps as a result of D'Onofrio's quo warranto, Obama might be declared by SCOTUS to NOT be an NBC. I would expect a 5-4 ruling on that.

Tublecane and Non-Sequitur:

Waite's comments are not meaningless. Waite clearly distinguishes between two potential definitions of natural born citizen.

For one definition (two citizen parents in US jurisdiction) "there is no doubt". That lack of doubt is not meaningless, it is a certainty for this class.

Waite used the descriptor "some" to describe those "authorities" who extend the NBC definition to require only birth within US jurisdiction about which there is "doubt". The words "some authorities" denotes a clear minority and a minority whose opinion is in doubt per Waite.

Thus Obama is now a sitting president whose eligibility is supported by a doubtful minority view. Waite clearly signaled that if the Minor case had required a decision on the definition of what NBC meant, the doubtful minority view would likely have been rejected! Otherwise, why would Waite have called it "doubtful"? Birthers find this to be meaningful and seek clarity from the current SCOTUS.

154 posted on 12/14/2009 1:24:14 PM PST by Seizethecarp
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To: Danae
There are most definitely three types of citizenship. Naturalized, Citizen, and Natural Born citizen.

Defined where?

155 posted on 12/14/2009 1:32:53 PM PST by Non-Sequitur
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To: Seizethecarp
Waite's comments are not meaningless. Waite clearly distinguishes between two potential definitions of natural born citizen.

Potential. And then he does nothing to clarify the matter.

Thus Obama is now a sitting president whose eligibility is supported by a doubtful minority view.

And who says that's the minority view?

156 posted on 12/14/2009 1:35:04 PM PST by Non-Sequitur
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To: Seizethecarp

“Waite clearly signaled that if the Minor case had required a decision on the definition of what NBC meant, the doubtful minority view would likely have been rejected! Otherwise, why would Waite have called it ‘doubtful’?”

Perhaps because a court has never ruled on the matter. The fact that there is doubt doesn’t mean the other side would’ve won the day. All it need mean is that there’s relative doubt (i.e. when you compare it to jus sangini, jus soli is more doubtful). That’s to be expected, given the longer pedigree.


157 posted on 12/14/2009 1:35:09 PM PST by Tublecane
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To: Tublecane

It is abundantly clear that you didn’t read any of the documentation I provided you.

You know what they say about opinions.


158 posted on 12/14/2009 1:36:22 PM PST by Beckwith (A "natural born citizen" -- two American citizen parents and born in the USA.)
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To: FrankR
This article has one of two purposes: a) To show that obama is, in fact, foreign born to a British subject, and is not eligible to be president, or; b) To show that a white guy got away with it, so it would be unfair to boot out the black guy.

Neither. It's says that while not "foreign born" Obama is also not "natural born" as the Constitution requires for eligibility to the office of President.

It points out that Arthur, the white guy, got away with it only because he successfully hid the critical fact. But Obama has admitted the critical fact. That being, in both cases, their father's lack of US citizenship at the time of their birth. At least Arthur's father did become naturalized, and while it was after Arthur was born, it was also well before he became Vice President, and then President, when Arthur was about 14.

Obama's father died still a citizen of Kenya.

159 posted on 12/14/2009 1:42:45 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: PugetSoundSoldier
How another nation considers a person should be irrelevant; the only thing that should matter is how WE consider that person. From what I can tell, if you're born on US soil (or the equivalent, like a military base or possession) to at least one US citizen (naturalized parent or not) you're a natural born citizen.

No you are not. It's not that another nation considers you a citizen, but rather that one of your parents was NOT a US citizen at the time of your birth. Given how things were in those days, it would be your father, because if your father was a US Citizen, your mother became one upon their marriage. But by 1961 that was no longer true, AFAIK, and wouldn't have helped Obama anyway, since it didn't work for a foreign man marrying a US citizen woman.

He, if born in the US was a citizen at birth, but not a natural born citizen, since his father was not a citizen.

160 posted on 12/14/2009 1:50:07 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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