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Vanity: The Constitutional Meaning Of "Natural Born Citizen"
Vanity Essay | 31 January 2012 | sourcery

Posted on 01/31/2012 4:03:01 PM PST by sourcery

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To: sourcery

Rawle was a founding member of the “Society of Polical Inquiries”, a society formed to discuss the science of government. The Society was formed in February, 1787. Ben Franklin was the President and Thomas Paine wrote the by-laws. Rawle was a member of the committe of papers. The society met twice a month at Franklin’s house. Other members included Governour and Robert Morris, James Wilson, Benjamin Rush. Rawle presented a essay on immigration at the April 20th, 1787 meeting.

So it is likely he had some knowledge about the Framers intentions.


81 posted on 02/07/2012 8:41:13 PM PST by 4Zoltan
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To: 4Zoltan
THE PUBLIUS ENIGMA: Newly Revealed Evidence Establishes That President James Madison’s Administration Required Citizen Parentage To Qualify Native-Born Persons For U.S. Citizenship.


82 posted on 02/07/2012 8:56:08 PM PST 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
There are some conflicts in the original newspaper article. It says that Mr. McClure obtain a US Passport from the US Minister in London based on his being a "native citizen". But that the US Minister in Paris wanted him to provide more information about South Carolina laws. You have Mr. Rodman say that all he needed to be was born in the US and you have "Publius" saying that is not so.

So as you pointed out earlier if everyone agreed there would be no need for a Constitution.

83 posted on 02/07/2012 10:52:05 PM PST by 4Zoltan
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To: Forgiven_Sinner
What I find lacking is clear proof that the condition of one parent as a citizen and one parent as a foreigner is either a natural born citizen or a naturalized citizen.

At that time the citizenship of the wife followed that of the husband. The husband and wife were a single political entity.

This is no longer the case with regard to citizenship or suffrage.

At the time of the adoption of the Constitution, the parents had a unity of citizenship. In my opinion we should continue to abide by that standard.

84 posted on 04/11/2012 9:29:58 PM PDT by Ray76
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To: sourcery
Per the 14th Amendment, "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States"

People "born in the United States" are born to parents who are either citizens or aliens.

Which citizens "born in the United States" are "natural born citizens", the children of citizens or the children of aliens? Or both?

Article II explicitly requires a difference between "citizen" and "natural born citizen"

If the citizenship of the parents is not the determining factor between "citizen" and "natural born citizen", I want to know what that factor is.

Absent any other plausible claim as to what is the determining factor between "citizen" and "natural born citizen", the answer must be that "natural born citizen" means citizens born from citizen parents since it would be irrational to grant to the children of aliens, and deny to the children of citizens, the privilege of eligibility for the Office of President.

Until there is a plausible claim as to what factor other than the citizenship of the parents determines between "citizen" and "natural born citizen", the "US birth = natural born" position is absurd.

This from Merriam-Webster is also worth notice: Natural - begotten as distinguished from adopted; being a relation by actual consanguinity as distinguished from adoption (emphasis added)

85 posted on 04/11/2012 10:05:09 PM PDT by Ray76
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To: sourcery

Bump just so I can find it again


86 posted on 05/22/2012 12:17:07 PM PDT by W. W. SMITH (Maybe the horse will learn to sing)
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To: Ray76

I may work that reasoning in the next version of the essay. Thanks.


87 posted on 05/22/2012 12:54:27 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

Someone directed me to this essay as I needed some authoritative words on the meaning of NBC. I hope you don’t mind if I post it on another forum (freepmail me if you want to know where), attributed to you on FR, of course.


88 posted on 06/11/2012 10:14:19 PM PDT by little jeremiah
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To: little jeremiah

No problem.


89 posted on 06/11/2012 11:13:13 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

Another placemark so I don’t lose this thread!

It’s taking me forever to format it properly especially because I’m a techtard.


90 posted on 06/12/2012 9:42:04 PM PDT by little jeremiah
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To: sourcery
To all: I have become convinced that Barak Obama's father was actually Frank Marshall Davis. If so, then he is in fact a natural born citizen, since both his parents were US citizens, and if FMD is his father, he was almost certainly born in Hawaii.

Reference: Obama's Real Father Exposed!

Unless something changes, that means that I may not be producing or publishing an updated version of this essay.

91 posted on 06/24/2012 6:40:38 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

obumpa


92 posted on 09/03/2013 7:06:01 PM PDT by Dajjal (Justice Robert Jackson was wrong -- the Constitution IS a suicide pact.)
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To: Dajjal

I think this may qualify as ‘spam’ at this stage in our FR evolution. And what a lengthy can of spam it is!


93 posted on 09/03/2013 7:09:31 PM PDT by MHGinTN (Being deceived can be cured.)
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To: sourcery

The requirements for the presidency are:

“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. “

natural born citizen
35 years of age
14 years a US resident.

The last requirement is irreconcilable with some definitions of natural born citizen.

It doesn’t specify which 14 years have to be resident and which 21 years can be non-resident.

A woman gives birth 1 second before her plane leaves US air space. She is a US citizen and her husband is a US citizen.

The Child lives his next 20 years 11 months in Iran training as a mullah.

He returns to the US and acquires 14 years and 1 month of residency.

On the other hand, a person could be born overseas of one US parent and immediately fly with his parents to the US and live an entire qualifying period of 35 years in the US.

And not be eligible according to some to the presidency. Weird.


94 posted on 11/02/2013 12:41:31 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Mr Rogers

All Natural Born Citizens must be born non-caesarian. Breech births are only considered NBC, if the doctor, wet nurse or other was shown to have moved the baby into that position prior to birth. Babies who survived the abortion process will not be considered NBC due to the intent of the parent. In-vitro fertilization will in no instance be considered as NBC. Afro-Americans due to their self proclaimed dual citizenship shall also be banned from NBC.


95 posted on 11/02/2013 1:28:46 PM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: xzins

Your argument works just as well against any definition of ‘natural born citizen.’ Or even against any requirement for citizenship at all.


96 posted on 11/02/2013 6:31:32 PM PDT by sourcery (Valid rights must be perfectly reciprocal.)
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To: sourcery

It does seem to me that the 14 years residency/35 years of age is a bit of a conundrum.

If citizenship by blood is assumed, that would sort of make sense of only 14 years residency. Born overseas, returns to the US by age 21 and lives 14 years in the USA.

If citizenship by place of birth is assumed, then birth in the USA followed by any combination of months and years out of 35 that total 14 would lead to eligibility for the presidency,

But one has to then realize that eligibility can be revoked for one born to 2 US citizens in the USA if too much of their time is spent overseas. However, the odd circumstance of the person born in the USA and one day later and for the next 21 years in Iran training to be a mullah, followed by 14 years residency has that person eligible for the presidency.

Was that residency rule more likely to have been enacted to bring an overseas birth home, or more likely to get qualifying years under the belt of a person born in the USA of 2 citizen parents?

Just me, but it makes more sense to me that it was intended to bring an overseas blood citizen home.


97 posted on 11/02/2013 6:59:02 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins

One would have to interpret the intent of the NBC requirement based on the realities of international travel (and especially ‘permanent’ relocation of domicile) in 1787.


98 posted on 11/02/2013 7:56:40 PM PDT by sourcery (Valid rights must be perfectly reciprocal.)
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To: sourcery
Thanks for taking the time and effort to write your essay and this response.

This post and your essay are clear and detailed should someone want to understand this issue more fully.

Interesting how we humans are our own destructive agents of entropy, choosing to create disorder from order by diluting the purity of the strict rules and definitions that benefit and protect us when they get in the way of our whims of the moment.

Franklin warned us when he said "A Republic, if you can keep it."

99 posted on 04/10/2014 8:39:19 AM PDT by GBA (Here in the Matrix, life is but a dream.)
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To: sourcery

Bmk


100 posted on 01/09/2016 2:06:36 AM PST by Popman (Christ alone: My Cornerstone...)
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