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To: Mr Rogers
The English common law did not distinguish between a "natural born subject" and a naturalized subject. "The English common law provided that an alien naturalized is "to all intents and purposes a natural born subject." Co. Litt. 129 (quoted and cited in United States v. Rhodes, 27 F.Cass. 785, 790 (1866).). Under English common law, once a person became naturalized, he or she was deemed to be a "natural born subject." Hence, under English common law a naturalized citizen was considered a "natural born subject." Hence, giving the "natural born Citizen" clause the same meaning as a "natural born subject" would have allowed a naturalized citizen to be eligible to be President of the new Republic. But Article II, Section 1, Clause 5 mandates that only a "natural born Citizen" is eligible to be President. The clause is written as "No person except . . . shall be eligible . . ." which means that one must be a "natural born Citizen" in order to be eligible to be President, with no exceptions. The way we have interpreted the "natural born Citizen" clause since the beginning of the Republic, a naturalized citizen is not eligible to be President. But assuming the "natural born Citizen" clause had the same meaning as a "natural born subject," with the Constitution as written it would not have conveyed in any manner that a naturalized citizen was not eligible to be President. No where do we find in the Constitution any statement that a naturalized citizen is not eligible to be President. To reach this conclusion, we have always relied upon the "natural born Citizen" clause itself which we have compared with the fact that the Framers prescribed in Article I that naturalized citizens were eligible to be Senators ("nine Years a Citizen of the United States") and Representatives (seven Years a Citizen of the United States") . The manner in which the Framers provided that Senators and Representatives needed to be "Citizen of the United States" for only a certain amount of years shows that the naturalized citizen class was included within "Citizens of the United States" and not within "natural born Citizens." This shows that naturalized citizens were not part of "natural born Citizens." Hence, equating the meaning of a "natural born Citizen" to a "natural born subject" would have allowed naturalized persons to be President, a result that we have rejected from the beginning of the Constitutional Republic. Such a meaning would have created an exception to the "natural born Citizen" clause which would have eviscerated the clause itself. Additionally, since Congress has the power under Article I, Section 8, Clause 4 to make uniform the naturalization laws, such a meaning would have given Congress the power to decide who could be President by simply changing the naturalization requirements. The Framers, fearing that Congress would allow foreign influence to creep into the office of President if it were given the power to select the President, did not give Congress such power.

Irrefutable point: Article II, section 1, pa. 5 states: "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." That limits who may be President to persons who meet the following requirements:

  1. Those who are 35 years old or older, AND
  2. Those who have been a resident of the US for 14 years or longer, AND
    • Those who are natural born citizens, OR
    • Those who were US citizens at the time the Constitution was adopted

Why did the Constitutional Convention include that last exception, allowing those who were citizens at the time the Constitution was adopted to be President? The ONLY POSSIBLE REASON FOR THAT EXCEPTION IS THAT WITHOUT IT, NO ONE COULD CONSTITUTIONALLY BECOME PRESIDENT, BECAUSE NO ONE COULD SATISFY THE CONSTRAINT OF BEING A NATURAL BORN CITIZEN.

If "natural born citizen" means "born on US soil, with parents who are US citizens," then it would in fact be true that no one alive at the time could have satisfied the "natural born citizen" requirement, in which case there is a good reason for the exception.

But if "natural born citizen" means essentially the same as "natural born subject" (differing only to the extent that a citizen differs from a subject,) then any citizen of the US at the time the Constitution was adopted would satisfy the "natural born citizen" requirement, so there would be no need for the exception, and its inclusion in the Constitution makes no sense. No sense at all.

You are refuted beyond any reasonable doubt.

57 posted on 04/27/2011 11:15:04 PM PDT by sourcery (If true=false, then there would be no constraints on what is possible. Hence, the world exists.)
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To: sourcery

BRILLIANT POST!!!!! My hat is off to you!


58 posted on 04/27/2011 11:23:59 PM PDT by Danae (Anailnathrach ortha bhais beatha do cheal deanaimha)
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