Natural Born Citizen

Peeks in cautiously, looking for ambushes and booby traps.

Been gone for a while. Not sure if I am allowed back in, but someone forgot to lock the “Teh Management” entrance.

What have I been doing? Well, I unretired, then re-retired. I have been busy with various TEA Party activities, including 3 campaigns by our people; one for state representative, one for District Attorney, and one for County Commissioner. We lost the state rep. battle at the convention, but the other two look good for November. And at our TEA Party Preparedness Breakfast, I today presented a field expedient solar cooker I designed and fabricated. From the reaction, I suspect more will be made.

So why am I sticking my head back in? Well, there has been a bit of controversy for the last 3 ½ years. It is about the background of the pResident of the United States. We have not been allowed to know his background, other that what has been released, and that is … not exactly verifiable. The “Birth Certificate” that he has released was a) not the proper document, being the current standard form and not what was being used when he was born. And b) was obviously done in layers with Adobe Illustrator. There is the classic list of things about himself, that are classified, of which this is only a part:

His votes as a state legislator.
His undergraduate school records.
His graduate school records.
His friends and associates in college and grad school [NO ONE in his class year, and his major remembers him. And there are NO people claiming to have known him before he was elected; no friends, study partners, drinking buddies, girlfriends (the “girlfriend” in his two pre-accomplishment autobiographies has been revealed recently to be a “composite”)].

And all of that feeds into the ongoing controversy and court battles over his eligibility to occupy his current position in the government. That controversy has turned, in part, on the constitutional provision that the President be a “Natural born” citizen. The claim has been that the term has never been officially defined.

That claim has now been disproved.

There is a court case being heard in Florida, claiming that Barack Hussein Obama does not meet the constitutional qualifications to be on the ballot in Florida [and by extension elsewhere]. And the plaintiff, Michael Voeltz’ attorney has just offered into evidence MINOR v. HAPPERSETT, 88 U.S. 162 (1874) 88 U.S. 162 (Wall.). This is a US Supreme Court case. And in it the Supreme Court defines “Natural born” citizen.

Here is the case:

It is important because it involves a specific discussion of what constitutes citizenship. Short form, the case itself involves a woman [Virginia Minor] who sued demanding the right to vote, based on US citizenship. This was in 1874 BEFORE women were granted the right to vote. That set the court off on a long discourse on the nature and definitions of citizenship. Read the whole thing, by all means, but here are the key paragraphs, with the definition we are dealing with boldfaced:

Looking at the Constitution itself we find that it was ordained and established by ‘the people of the United States,’3 and then going further back, we find that these were the people of the several States that had before dissolved the political bands which connected them with Great Britain, and assumed a separate and equal station among the powers of the earth,4 and that had by Articles of Confederation and Perpetual Union, in which they took the name of ‘the United States of America,’ entered into a firm league of [88 U.S. 162, 167] friendship with each other for their common defence, the security of their liberties and their mutual and general welfare, binding themselves to assist each other against all force offered to or attack made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. 5

Whoever, then, was one of the people of either of these States when the Constitution of the United States was adopted, became ipso facto a citizen-a member of the nation created by its adoption. He was one of the persons associating together to form the nation, and was, consequently, one of its original citizens. As to this there has never been a doubt. Disputes have arisen as to whether or not certain persons or certain classes of persons were part of the people at the time, but never as to their citizenship if they were.

Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides6 that ‘no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of President,’7 and that Congress shall have power ‘to establish a uniform rule of naturalization.’ Thus new citizens may be born or they may be created by naturalization.

The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. 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 [88 U.S. 162, 168] 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. The words ‘all children’ are certainly as comprehensive, when used in this connection, as ‘all persons,’ and if females are included in the last they must be in the first. That they are included in the last is not denied. In fact the whole argument of the plaintiffs proceeds upon that idea.

This is not a matter or Supreme Court decision of no import. The case itself is still cited as the first judicial notice of the equal citizenship status of women in this country. It is a formal Supreme Court holding, in a case that turns on the definition of citizenship, on the nature of US citizenship. It is stare decisis , it is precedent.

For a more detailed discussion, see here.

There are, of course, implications to all this. Implications as to the current status of Barack Hussein Obama, of his acts, and his future status and acts. And to the duties of all those who have sworn the Oath to “preserve, protect, and defend”. It would behoove all those with such duties to keep an eye on Mr. Voeltz’ case in Leon County, Florida. Judge Terry Lewis has scheduled a hearing on June 18 on whether Obama should be on the ballot in Florida. And perhaps it would be wise to keep in mind that if barred from the ballot, that Obama may take other actions.

16 comments

  1. 1
    LC Subotai Bahadur, Lord Pao An growls and barks:

    Well, THAT was an interesting welcome back. I am not sure if the “Dribbling Dickwart” illustration from His Majesty’s last post just accidentally stuck to my posting, or if it was commentary on my return. If the latter, I feel right at home :em07:

    LC Subotai Bahadur, Lord Pao An

  2. 2
    Orion growls and barks:

    I’m afraid I gotta disagree with you there –
    1: It seems plain, since BOTH local papers announced his birth in Hawaii on the right date, at that time, that he was born in Hawaii. His mother was a US citizen, so even if he was born on Mars, he still qualified at that time.

    2: However, my understanding is that once you surrender your citizenship (as was apparently required to attend school in Indonesia, as he did – one must be a citizen, solely of Indonesia. Meaning his citizenship had to be surrendered at that time) while you can be re-naturalized, you are never again’ natural born’, which would disqualify him.

    3: Not that it matters. The degree of voter fraud that put him in the White House would seem to disqualify him anyway, and I would think that his actions (e.g. repeated massive leaks, destroying alliances, destroying the economy, associating with terrorists, etc.) since taking office would surely qualify him for impeachment. But that doesn’t matter because he could, on national television, murder, butcher, and eat several live babies and then publish a cookbook “Recipes for the Fathers” and Congress would do nothing and the media would celebrate him for his diverse tastes and multiculturalism. We’re stuck with him. That boat looooong ago sailed.

    Orion

  3. 3
    LC Old Dog growls and barks:

    I expounded at my own place many moons ago, let’s hold them to the Birth Certification from Hawaii!

    It clearly and beyond a doubt lists his Birth Father. Said person was a British Citizen (Kenya as a country did not exist yet) thus he was at birth by both American and British law a Dual Citizen!

    Barrack Odumbshit never having formally renounced his British Citizenship is still under British Law a British Citizen!

    Screw where or when he was hatched, there is no way a British Citizen can legally be the President. of the US.

    Screw the Birther crap, go for the point that can not be argued!!!! :em08:
    LC Old Dog recently posted..Air Force’s New Mission: Save the SquirrelMy Profile

  4. 4
    Emperor Misha I growls and barks:

    LC Old Dog says:

    Barrack Odumbshit never having formally renounced his British Citizenship is still under British Law a British Citizen!

    Score one for the Imperial Heirs, then, for the rules regarding their alternate citizenship are much simpler: If they have not, at the time they come of age, reported to the Draft Eligibility Board overseas, their citizenship automatically becomes null and void, whether they renounce it or not.
    Emperor Misha I recently posted..Natural Born CitizenMy Profile

  5. 5
    LC Old Dog growls and barks:

    Emperor Misha I @ #:
    Pardon me Sire I thought the Heirs were born AFTER you were a Citizen or I would have illustrated the varying Laws regarding Dual Citizens.

    The Brits however require a Formal Renunciation!

    :em01:
    LC Old Dog recently posted..Air Force’s New Mission: Save the SquirrelMy Profile

  6. 6
    LC Ogrrre growls and barks:

    My brother was in the Navy. I think that 3 of his kids were born overseas. I know the oldest was, and he had dual Spanish/American citizenship until he was 18. When he turned 18 the US government required that he choose his citizenship. Of course, he chose US citizenship. But, he was required to choose at age 18.

  7. 7

    LC Subotai Bahadur, Lord Pao An says:

    Well, THAT was an interesting welcome back. I am not sure if the “Dribbling Dickwart” illustration from His Majesty’s last post just accidentally stuck to my posting, or if it was commentary on my return. If the latter, I feel right at home
    LC Subotai Bahadur, Lord Pao An

    Uhm, *looks around conspiratorially* that would, if you’re referring to the orangutang with an attitude, be my fault. You see, Deej and I had a “moment” and he gave me a virus. Not sure who all can see it as I brought up the Rott without logging in and it wasn’t there. As soon as I logged in I got the finger. Pretty brilliant actually, all I did was save the damned picture.
    LC 0311 Sir Crunchie I.M.H., K.o.E. recently posted..Sort of, Almost, Gun Pr0n open thread. My Profile

  8. 8
    LC TerribleTroy growls and barks:

    Crunchie, report to the imperial sickbay for your short arm inspection. not gonna say nuthin bout muhrines and their propensity for catching the crud….

    Good to see you Lord Pao An

  9. 9

    LC TerribleTroy says:

    not gonna say nuthin bout muhrines and their propensity for catching the crud….

    Ain’t never had the clap, and I never wanna get it again.

    As to Pao An’s excellent commentary, this is the point I’ve been making for years. Like Old Dog says, the proof is right there on Ogabe’s BC, whether real or not. His birth father was a British subject, Ogabe is NOT a Natural Born citizen, period, full stop.

    We fought one war over this issue, as the British used this definition of their subjects to justify impressment of US citizens in the 1810′s leading to the War of 1812. I hope that we don’t have to fight another one to further define our own definition of Natural Born. Kind of ironic in a way that the re-election campaign of a, by British law, British subject would occur during the bicentennial of a war fought over the very same issue.
    LC 0311 Sir Crunchie I.M.H., K.o.E. recently posted..Sort of, Almost, Gun Pr0n open thread. My Profile

  10. 10
    LC Gladiator growls and barks:

    LC 0311 Sir Crunchie I.M.H., K.o.E. says:

    You see, Deej and I had a “moment” and he gave me a virus. Not sure who all can see it as I brought up the Rott without logging in and it wasn’t there. As soon as I logged in I got the finger. Pretty brilliant actually,

    He got you too????

  11. 11
    LC Guy S growls and barks:

    Ol Dog and Sir Crunchie at comments 3 and 9, are right on the money. It does not matter where he was born (barring the chance Obama Sr is not his real father, which would open up another kettle of fish….but may in fact “settle” the initial issue of his citizenship, assuming the bastards father was in fact, and American citizen…but that’s a tale for another time)

    ANYHOW…. Yeah, Obama Sr. was either a Kenyan national and or a British subject, and in either case, this is the deal breaker in Obama having any chance at being a “natural born” citizen. Period.l

    Now over and above that, if it can be proven his citizenship (regardless of its stature, natural born or not) was formally relinquished when he was adapted by Soetoro…then he would also have lost his status. The real irony here, none of this, is really his fault. It would have all been done at a point of time in his life, where he would not have had any control over it.

    As an aside. It should be noted, and remembered, that Jindal, McCain, and possibly Rubio are also (and in McCain’s case….all Congressional shenanigans proclaiming him to be …with no real legal action to back it up … eligible to run for the office of the President, aside) are not “natural born ” citizens. Either they were not born on US soil, and or their parents were not fully naturalized citizens at the time of their birth. As much as we harp on Obambi (and rightly so!!), two wrongs … in this case, willfully ignoring the specific requirements as per the Constitution … do not make a right.

  12. 12
    Cannon Fodder growls and barks:

    Seems some of you guys missed the part in that SCOTUS decision that says all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. It indicates that both parents must be citizens for there to be natural born status. Therefore Odipshit was never natural born to start, just a lowly citizen! :em03:

  13. 13
    Godismyjudge growls and barks:

    How many would pay good money to hear Romney say the following after he is inaugurated:

    “Since it has been obvious to all Americans with more than two brain cells rubbing together, that the former resident of the White House was clearly not a natural born citizen, it is my duty to be fair to all those who are. Therefore, I am hereby issuing the following Executive Orders…”

    And then goes on to nullify all of Obama’s EPA regs, green rules, drilling moratoriums, etc. etc. etc.

  14. 14
    LC Sir Rurik, K.o.E. growls and barks:

    I’ve been nosing around andin the midst of all this mystery and non-documentation, various other rumors have been sprouting up like toadstools.
    1. The assertion that the real daddy was Frank Marshal Davis. If so, that would make COOTUS a bastard, bbut a natural born bastard.
    2. A second assertion is that real daddy was Malcolm X, who visited Seattle to open a mosque at about the appropriate time. Again that would render him a natural born bastard.
    3. A third assertion is that
    stanley Ann was not even his real mother, but an adoptive mother, and he was born in the Far East to “Ann Chin”, and should properly been known as Barry Chin. In support, a picture of Stanley Ann and Barack Senior shows a woman not at all pregnant. I find this choice rather implausible, but in the absence of evidence, how can I gainsay any rumor?

  15. 15
    Godismyjudge growls and barks:

    Regarding the possibility that he may be a “natural born bastard”. If so, then he should not, as rumored, have qualified for foreign student aid (which he most probably did).

  16. 16

    Godismyjudge @ # 13 & 15: OUTSTANDING!!!!!!!!!!!