Submitted to a Candid World


PUMA-Watch: Conspiracy Theorists Still Trying to Disqualify the President Elect
December 3, 2008, 5:48 am
Filed under: Author - ACG

By Ames: a Submitted to a Candid World EXCLUSIVE,
Copyright © 2008. All Rights Reserved.
((Pretentious title is only to mock “Judah Benjamin,” and “TexasDarlin,” who just love such over-inflated nonsense.))

UPDATE: Dear PUMA/Obama denialist trolls: before you start going off about the “natural law” of citizenship, read the resources I cited in this article. This law review is a good start.

I haven’t touched this issue in a while, but here we go: despite Barack Obama’s electoral victory, a few conspiracy theorists are continuing to press the idea that, somehow, Barack Obama is unqualified for office, as he is not a “natural born citizen.” The latest in this parade of pitiful plaintiffs, Leo Donofrio, claims that New Jersey electoral officials failed to verify that then-Senator Obama was “natural born,” and (after having a request for a pre-election stay dismissed) is now asking the Supreme Court to intervene before the Electoral College certifies Obama’s victory on December 15th. He’s excited because, this Friday, all nine justices will read his certiorari petition (request for appellate review). Big deal. Call me if they take cert, but I won’t be waiting by the phone.

A point to consider: Donofrio’s lawsuit does not challenge Obama’s eligibility. It merely alleges that the Secretary of State failed to evaluate his eligibility, and asks that she do so. Apart from this suit – doomed to failure, of course – Donofrio has a number of, ahem, interesting theories as to why Obama is not a “natural born citizen” as required by the Constitution. ((U.S. Const., Art II., s.1.)) Since the real story here is in Donofrio’s theory on why Obama should be ineligible, we’ll skip to that.

As Patrick McKinnion (my colleague from YesToDemocracy) points out, Donofrio’s theory of Obama’s ineligibility is substantially similar to that posed by “Judah Benjamin,” TexasDarlin’s neo-confederate pseudohistorian. Both argue that while Obama would otherwise be a “natural born citizen,” some aspect of his dual citizenship, or family origins abroad, renders him ineligible. The only difference between their arguments is the source of the law. Here’s the breakdown:

They’re both wrong. Benjamin is wrong for the reasons that Donofrio states in his post (erroneous analysis of the vitality/applicability of common law; incorrect statement of the holding of U.S. v. Rhodes). Although Benjamin seems to think that “Donofrio is the first to address a refutation” of his arguments, many of the arguments that Donofrio raises against Benjamin are the same damn things I said months ago. Nice try, Bennie, but you’ve been a loser much longer than that. That Donofrio is the first one to get your attention isn’t my fault: if you didn’t censor all opposition at TexasDarlin, you would’ve heard about this earlier.

So much for Benjamin: even people on his side of the issue think he’s wrong on the law. Donofrio, though, is no better. Donofrio can cite no authority for the critical proposition that dual citizenship at birth is dispositive of “natural born citizenship.” I can cite several to the contrary. ((J. Michael Medina, “The Presidential Qualification Clause in this Bicentennial Year: the Need to Elminate the Natural Born Citizen Requirement,” 12 Okla. City U. L. Rev 253, 256 n.12 (1987).))  ((Sarah Helene Duggin & Mary Beth Collins, “‘Natural Born’ in the USA: The Striking Unfairness & Dangerous Ambiguity of the Constitution’s Presidential Qualifications Clause and Why We Need to Fix It,” 85 B.U. L. Rev. 53, 108 & 108 n.29 (2005) (“[T]he Constitution does not bar dual nationals from becoming President, and, in recent years, United States nationality law has become increasingly tolerant of multiple citizenship, thereby increasing the possibility that a dual national will become President.”).)) While no mandatory authority – meaning, court case, statute, etc. – has confronted the question, academic analysis is 100% on my side of the issue.

Thus, even if Donofrio manages to force the Secretary of State to investigate claims of Obama’s ineligibility, it will amount to sound and fury, signifying nothing. At the end of the day, Obama will still be President, Benjamin will still be a closet-racist who can barely string two sentences together, and Donofrio will still be a crappy lawyer who should probably stick to poker. ((Apparently, Leo Donofrio is a fairly successful poker player.))


133 Comments so far
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Why do these people waste so much time on utter frivolousness? That’s my main problem with these people. They’re much more concerned with technicalities than actually pushing a useful agenda or policy concerns.

Like why spend so much time on a half baked theory instead of actually doing something useful?

Comment by Oneiroi

Oneiroi

For the same reaon that young earth creationists persist in their bullplop in spite of all the evidence, they are true believers, and there is no reasoning with a true believer. Just be glad that this particular group is not persuing an agenda that people might actually buy into or they could really cause trouble.

Comment by Jello

I just think people get into political frays because they want something done….so instead of focusing on something that has no chance of happening why not just try to influence Obama to make the decisions they would be happier with? Since obviously they just have a problem with Obama.

Comment by Oneiroi

These folks were potentially influential before the election, but now that it’s a fait accompli they fall into the category of those who insist that the Moon landing was a hoax.

Comment by James F

Aargh, HTML fail.

Comment by James F

If it does not matter that the US Constitution explicitly states that “No person except a natural born Citizen” shall become president, they why is it even there??! It must have been to fill space. Clearly Obama is unwilling to prove his citizenship except with fraudulent documents, BUT it sounds like who cares?! I guess in 2012 another Islamist will run for President, maybe the Al-Qaeda will take over after all!

Comment by Larry Green

Larry: wow. The clause in the Constitution, like so many clauses in it, is not self-executing. Guardianship over that clause is committed to the FEC, which adjudged Obama to be a natural born citizen. Taxpayers don’t have standing to correct the FEC, even if they get it wrong.

Oh, and he is a natural born citizen. Read anything other than TexasDarlin and you’ll see it.

Comment by Ames

Oh yes, I am not a Republican, the world is not flat, we DID land on the moon and I don’t live in a box being fed only BS from the mainstream media soundbites.

Comment by Larry Green

That’s fine, Larry; rational people can still be wrong.

Comment by Ames

Apparently a LOT of rational people can still be wrong. Investigating Obama’s citizenship isn’t the best use of our time, but it certainly doesn’t constitute a total waste of time. I, for one, WOULD like to see his birth certificate, whether it’s from Hawaii, Kansas, Kenya or Indonesia. I’m a retired lawyer from Washington, D.C., I’m well-educated, well-read, well-traveled and completely rational. And I am not alone in wanting this information made public.

Comment by Karel

I do not know who TexasDarlin is, but all of the documentation I have seen clearly casts very reasonable doubt on the authenticity of the certificate of birth on the Obama site. I cannot see someone complaining about one discrepancy, but when looking at all the facts including the flaws in the document it appears there is fraud. In addition, I was amazed that the document would list his father as African! In 1961, the term was not used, period. Anyone of “dark color” was referred to as Negro. Even census records of that era reflect this. This was not a “racist” issue as many want to jump on, but just a common description of that time. All this aside, it appears that it does not matter whether he was born in the US, is a US Citizen, took money from terrorists or is a Muslim as many still believe. My trust in the office of the President is that he is an HONEST person that is interested in the best for the country. That said, I suppose we have not had one of those in many years.

Comment by Larry Green

I doubt that I’m the only one sensing a conflict between

fraudulent documents … another Islamist will run for President …Al-Qaeda will take over …

and

I don’t live in a box being fed only BS …

What’s interesting is why this style of delusional thinking is so popular. Here’s my take:

Some facts about the world are sweeping in their impact, complex in their particulars (although they may be stated simply), and have the ability to make some people very uncomfortable. Examples include:

Human activities are changing the earth’s climate.

All living things on the planet are related by descent.

Barack Obama has been elected president.

Now, for anyone with a violent reaction against environmentalism, or a belief that the Bible can (and should) be interpreted literally, or a conviction that Obama is a sinister crypto-Islamo-fascist, one of these statements is bound to rankle. But what to do? It is not feasible to refute the entire world’s climate science community, or reverse 150 years of evolutionary research, or undo the results of a US election. But what is feasible is to seize upon some detail of the intolerable truth — ideally, a detail that hinges on some obscure corner of an arcane subspecialty. Proclaim loudly that you have discovered a fatal flaw in that detail, and that as a result, the hateful facts are now null and void. Slick, huh? And the beauty part is that anyone can do it. Becoming famniliar with one tiny corner of a complex subject is within the reach of any obsessed layman — and, in any event, all you really need to learn are a few buzzwords.

Thus we see climate denialists puffed with pride that they have found a problem in Mann et al.’s statistical approach, and that the whole edifice of climate science has come tumbling down as a result. Or creationists who have mastered enough population genetics to convince themselves that a beneficial mutation cannot become fixed, and so we can all trace our ancestry to the Ark. Or, as here, a gaggle of barstool lawyers locked onto a paranoid document theory coupled with a supremely goofy interpretation of the Constitution that (surprise!) supports their notion that Obama’s election just can’t be legitimate. It’s human nature to believe what feels good. Fortunately, there is always an ample supply of tinfoil to make hats for the whole class.

Comment by jre

Just show the BC. What is he hiding?

Comment by john smith

you guys are each and most (with the exception of Larry) all the stupidist people on the face of the flat earth that we are polluting so soundly with CO2…… get a life and go hide in your caves that all have bottled water, forced air and nice soft carpet on the floor and your sleep number beds so that the bedbugs and scorpions don’t bite your silk wrapped asses.

The fact that someone dares to question the dictates being set in stone by the Lib/Socialists/Democrats of this world and this country really rankles you every time any of us has the audicity to stand up and think, doesn’t it?? You never want to extend the basic freedoms that you grant yourselves every time you open your mouths or write anything, to others who might just possibly have a different viewpoint. Where is that so called freedom?? Freedom to think, speak and write anything that we want to is one of the tenets of the Constitution, but you are sure trying to get that changes also, aren’t you?? Our country will make it through your harrassment and survive your idiocy, but you will do your level best to tamper with anything and everything that you can to desrtoy it. If you think this place is so God awful bad, why don’t you go live in a true socialist country and leave this to the people who appreciate Life, Liberty and the Pursuit of Happiness. I’ll even pay for the fare to get you there, but then you are on your own.

Comment by bandywithme

And by the way, Ames, get your facts totally straight and educate yourself before you spout off at the mouth. You are as ignorant as a statue.

Comment by bandywithme

You’re right, it is absolutely and unequivicably frivolous. It’s a total waste of tax payer money and SCOTUS’s time. It is also a waste of Mr. Obama’s money, since he has chosen to fight all these (and there are more than 15, I lost count of how many) suits in multiple states, some of which include the ELECTORS in the lawsuits. Quite a few states have suits seeking to bar their electors from voting for him until and unless he proves eligibility.

Why, then, has he not simply provided the documents when it is costing both him personally and the country so much to fight? He (or, more likely, his wife) should have been able to get those documents in about five minutes on any trip to their home, and it wouldn’t have cost them (or us) a thing. Any explanations?

Comment by LizLong

Oh, and if you’re interested, the whole FEC hasn’t been able to meet in over a year because one of the Republican slots has been vacant because Senator Obama kept putting up roadblocks to filling it. Interesting factoid for the day.

Comment by LizLong

don’t even try to show these obots anything that is factual there brains are dead even if it is true that obamas birth certifacate is a proven fraud

Comment by mark o

The constitution means squat to these obama turds

Comment by mark o

we might see the end of the constitution and the second revolution

Comment by mark o

bring on Obama slugs just like slugs they keep coming

Comment by mark o

under the constitution the elect can be challanged and if they can’t do that all americans do not have standing and we are under socialism control by dictatorship this is what most obama slugs wan’t

Comment by mark o

lizlong you are an obama troll arn’t you

Comment by mark o

just show the GD original birth certifacate thats all what is wrong here is that BIG o is fighting this basic thing just show the BC we americans deserve the truth and it don’t help to fight

Comment by mark o

#14 (Bandywithme): I have the utmost respect for statues. Thank you for the compliment.

#17-23 (mark o):
(1) Spelling is power!
(2) Chill – if you have more than one thing to say, think before you hit “submit.”
(3) We don’t like the term O-Bot: robots aren’t particularly advanced, and conjure an image of the inoffensive Roomba. On the contrary, we’re quite powerful. I prefer to think of us as O-Borg at the very least.
(4) He HAS shown the “GD original birth certificate.” Many, many, many times.

#11 (JRE): as always, you’re a valiant defender of truth :). Glad you’re back!

Comment by Ames

Constitutional vs Common law pertaining to the definition of natural born citizen must be clarified by SCOTUS..

If a POTUS is elected by the electoral college and then in a year from now is shown to be ineligible.. Every law, appointment to office would be illegal and or null and void..

Or worse.. If USA was attacked, POTUS would be powerless to command the military..

The supreme court must NOT allow this to occur… whoever is president

SCOTUS must protect us

Comment by DrJim77

Ames,
Statues are pretty things conjured up by someone with some imagination and a distinct flair for converting stone, wood or clay into something of beauty. The statue didn’t do any of it itself, only stood there as in a lump of clay and got put into form by the maker. I would call that a compliment, if I were on the receiving end of my comment to you.

Comment by bandywithme

Sorry Ames,
I meant in my last comment to you that I WOULDN’T call that a compliment, if I were on the receiving end of tht comment. A little typo here and there sometimes happens, even with the best of writers.

Comment by bandywithme

Since socialism has been brought up, check this video out:

http://www.dailymotion.com/video/x32cxf_yuri-bezmenov

Our country is in real trouble. I guess we will know how much trouble after tomorrow. Every American needs to watch this video.

Comment by JJ

DrJim: the FEC already checked all the materials and certified it. They’re the ones with the power to handle this sort of thing, not taxpayers. And they did. As for “constitutional versus common law,” you’re going to have to clarify what you’re actually asking…

Comment by Ames

Whoever wrote this article is a complete MORON!!!!!…..He list two peoples OPINIONS to dispute Leo Donofrio’s argument…..Leo’s case is based on binding precedents…..If I were going rely on someone’s OPINION, I would rely on John Jay’s in his letter to George Washington, in which he stated that it was his firm belief that NO person with dual loyalties / citizenship by birth should EVER be allowed to attain the office of president!!!

I don’t think I would throw OPINIONS around in the SCOTUS…..Just remember this, “Opinions are like ass holes….Everybody has one”, especially whoever wrote this ridiculous article!!!!

Comment by Troy

Leo’s case is based on no precedents. It takes a little digging to read that – since Leo has never posted his original complaint – but he’s shooting for an academic construction of Art2 that’s been completely rejected by the academic commentators, and never raised in federal court.

Comment by Ames

Ames — You really need to get your facts straight. The FEC has NO authority over the vetting of a candidate which is why they have responded as such to any lawsuit in which they have been included in the list of defendants. Their main responsibility is related to the financial aspects of a campaign.

Comment by IDidn'tVoteForHim

[...] seems I’ve struck a nerve. My previous post, slamming Leo Donofrio for what I generously call his “legal theories” alleging [...]

Pingback by An Additional Prediction on Leo Donofrio’s Case, Challenging Obama’s Eligibility

His original complaint is posted…You just need to know where to look….Hint, his current website is his fourth one to have.
Hint, some of the others are still active.

Sir or Mam, you are going to have to do a lot better than simply cite other people’s opinons…Like I said earlier, we know what opinions are.

Comment by Troy

IDVFH: I’ll take your word on that. His eligibility still stands without it, so it’s not really necessary to the argument. He’s shown his birth certificate multiple times. If you’re disputing that certificate, we’re really in tin foil hat land.

Comment by Ames

My God, you just don’t get it do you?….It wouldn’t matter if he was born in the freakin oval office, had a 24 ct gold birth certificate, and crapped out red, white, and blue….He was born with dual nationalities (British and American) as admitted by him on his site link to FactChaeck.org….His Kenyan father held British citizenship!!!….”Natural born citizen” = being born to TWO US citizen parents on US soil….Checkmate!!!!

Lmaoo, and here Iwas thinking that an attorney wrote this artical…Lordie!!!….I could have a field day with you, but I have work to do….Take Care!!!!

http://federalistblog.us/2008/11/natural-born_citizen_defined.html

Comment by Troy

Sorry Ames, looks like you’ve got a PUMA downpour on your hands.

Hey Bandywithme, opinions are like a**h***s, everybody’s got one. The one’s that matter are the ones that have evidence behind them and you have none. Face it, Obama won, He was born in the US, the courts are going to tell all your buddies to F off and the evil liberals are going to tax the rich, help the poor and run the country based on high minded elitist ideas like logic and reason rather then rabid nationalism and miss information.

On a related note I would like to thank all you PUMA’s for demonstrating the exact kind of blithering paranoia and incompetence that has made the American people so disgusted with conservatives that they have hurled them from the seat of governance at almost every level. thank you again.

P.S. sorry Ames this will likely make things worse but I just couldn’t resist.

Comment by Jello

Lmaooo…..What a dolt!!!…Do you want to hear something really funny?…..I VOTED for the FRAUD, Obama….He deliberately decieved us and now I wish I could take back my vote….He turned out to be just another con-man….He knew he was ineligible and ran anyway….So he thinks it’s Ok to crap on our constitution?….Well, I have news for him, he F**ked up this time!!!….Paybacks are a bitch and Obama is toast!!!….Say good-bye to him, because there is an army of attorneys that are going to run his lying ass out of town!!!

Comment by Troy

Troy

This has been discussed before but I will point it our again. If there was ANYTHING to this argument what so ever every republican from Bush on down would have sent far better lawyers and every time they had challenging it long ago. This is the party that delayed election results for 2 month in 2000 with legal challenges to Bush into office. so please explain to me why they didn’t challenge Obama’s citizenship at any point in the election when to do so would have guaranteed them a victory?

P.S. I’m sorry you voted for Obama and then went crazy.

Comment by Jello

What’s the matter Jello, can’t handle it anymore without slurring and melting at the middle…. It doens’t matter where Obama was born, or who fathered him, he is still LISTED by his own hand as being of DUAL CITIZENSHIP which is clearly a huge NO-NO in the written thoughts of the framers of the Constitution. Gotcha!!!

Comment by bandywithme

LOL @ Jello’s last line (#39). Well said buddy :). Thanks for helping with the downpour.

Troy: the dual nationalities claim is a joke. It’s nice that the Federalist Blog found a couple sayings from some people in the 1800s, but the 1800s era was not the founding era, nor are their opinions, even reasonably held, necessarily binding. As indicated in the law reviews I cited in this article, the Fed Blog is cherrypicking the historical record to reach a conclusion explicitly belied elsewhere.

Furthermore, I wouldn’t trust the Federalist Blog, at least not that Fed Blog… I have little patients with Fourteenth-Amendment denialism, and that’s what they look like, from the remainder of their articles.

Comment by Ames

Editing errors noted

In any case, you have not answered the question. Why, if your case is so brilliant, have none of Obama’s far more powerful and influential opponents not used them to sink him long ago?

Comment by Jello

The point of the matter is a simple one.

The Presidency of the United States is THE ONLY OFFICE that is required, by the Constitution, to be occupied by a genuine “Natural Born Citizen.”

#1) – Natural Born means that both of your parents MUST be “citizens” (not natural born by the way but “citizens”) of the United States.

#2) – Your birth MUST occur within the Unites States of America.

Barack Obama’s father was a Kenyan citizen and therefore a citizen of Great Britain, which really isn’t even THAT important. What IS important is that Barack Obama SR was NOT a US Citizen.

That’s it. End of story. Over.

Although Barack Obama MIGHT actually be a “citizen” of the United States (and if so he could easily provide the proof by releasing the vault copy of his birth certificate) he does not qualify as a “NATURAL BORN” citizen.

The framers of our Constitution SPECIFICALLY made the point that only “NATURAL BORN” citizens could occupy this nation’s highest office. Once they made that decision, they realized that they had disqualified themselves to hold that office because THEY didn’t meet the requirement that they were intending to set forth. So they included one provision that would make them, and their generation, eligible to hold this office. They simply added “at the time of the signing” of this Constitution.

So unless Barack Obama SR was a US citizen OR Barack Obama JR is AT LEAST 232 years of age, HE DOES NOT QUALIFY under the “NATURAL BORN” status and is therefore ineligible to hold the office of President of The United States.

There’s nothing to argue over. Either the Supreme Court upholds and defends the Constitution or they don’t. It’s in their hands now. All we can do is wait and see.

Comment by ddlew

WOW, Isn’t this country running out of Kool-Aid yet? If the Constitution goes up in smoke, we all do. I have a place ready in the UK, but from what I hear that may even be worse sooner than here. We will be screwed folks, no where to run, no where to hide from the Obots.

Comment by Meli

Wait. Why does “Natural Born” mean that both of his parents had to be citizens?

Comment by wait wat

@Troy: “”Natural born citizen” = being born to TWO US citizen parents on US soil”

You DO know that would invalidate McCain’s elegibility, too, right? He was born in Panama.

Folks, stop torquing your undies. Let’s say that every last paranoid idea you have about Barack HUSSEIN!!!!!(scared yet?) Obama is true:

1: On January 21, 2009, Obama is sworn into office a Koran.
2: he pulls off his mask to reveal he’s actually Osama bin Laden
3: President bin Laden declares universal Sharia law and orders an all-out attack on Israel.
4: The Armed Forces, Law Enforcement, the Supreme Court, and Congress all say “HELL no” in unison, impeach his butt in an emergency session, and throw him in prison.

Outside of Bush’s fantasies, the President is not the Absolute God-Emperor of America. And if the US can survive 8 years of Bush, it can sure survive 4 years of ANYTHING Obama could possible be capable of doing.

Comment by Gulik

Let’s see! How many rights does the US Constitution protect? Is it simply a worthless piece of paper, subject to being ignored at the whim of those who find it convenient to do so?

I think the Constitution is sacred, but then I place a high value on freedom. And if the Constitution says in Article II, Section 1, Clause 5 that to be president one must be a “natural born citizen” I am quite interested in what that means. When the 14th amendment requires that a person be born in the United States AND subject to the jurisdiction thereof, I am interested in what those two requirements mean.

Article II, Section 1, Clause 5, place a higher requirement to be met on a potential President than is placed on potential Representatives or potential Senators where they must only be “citizens” and not “natural born citizens.”

If you research the intentions of the Framers of the Constitution and the Framers of the 14th amendment it becomes clear that being born subject to the jurisdiction of a foreign power is a disqualifying condition, both for “natural born citizen” and for the 14th amendment. John McCain was born outside the US. Barack Obama was born subject to the jurisdiction of Great Britain.

So maybe a little more research, and a little less politically motivated prejudice would have made this article more accurate.

Comment by Sid Davis

“A point to consider: Donofrio’s lawsuit does not challenge Obama’s eligibility”

In order for the SoS of NJ to complete her job, she must understand what “Natural Born Citizen” means. Otherwise how can she perform her vetting duties correctly? If we asked all 50 SoS’s, would they really know what this meant???? It will eventually wind up right where it is now, and SCOTUS knows this.

“Natural” means the same as it did when the Constitution was written. “Natural Born” refers to “Natural Law”, i.e. the father’s citizenship.

When immigrants came to America, they swore an oath of allegiance. And only the father had to do so. This oath allowed their children born in the U.S. to be Natural Born Citizens, even when the mother was a foreigner. It did not work the other way around. Remember, back then women weren’t even allowed to vote, so in all reality their citizenship (or lack thereof) wasn’t crucial to the framer’s requirement for the allegiance of a President.

It literally took the ratification of the 14th Amendment to define naturalized citizens and to make Blacks citizens instead of property. Nowhere does is say “Natural Born” in this amendment as even then Americans understood what “Natural Born” meant. Note here that Congress back then didn’t even care about Blacks being Natural Born Citizens, at least not the first generation. Why? Because they couldn’t vote either. And as we know back then even a man like Martin Luther King never stood a chance of ever becoming a part of the political scene in Washington. No black could vote for him. Why is this so hard for people to grasp?

Sorry, but one of these cases challenging his eligibility will have to be addressed by the only court in the nation who can interpret this Constitutional requirement correctly, and trust me, they will. SCOTUS can save time and avoid a crisis here by just accepting Donofrio’s case, interpreting the meaning of all aspects of Article II, and declaring any candidates ineligible so we can all move on before a crisis ensues.

Comment by JeffM

wait wat said:

“Wait. Why does “Natural Born” mean that both of his parents had to be citizens?”

It doesn’t. It only means the father had to be a citizen, naturalized, by oath, or by statute.

The same rule applies in the U.K. Either way Obama’s in a real jam, regardless of whether or not he was born in Hawaii.

McCain on the otherhand may be in the clear. His father was a natural born citizen, so he’s in the twilight zone. There’s some interpretation that needs to happen here. Considering allegiance was very important to the framers, who knows at this point…

Comment by JeffM

Troy”

If I were going rely on someone’s OPINION, I would rely on John Jay’s in his letter to George Washington, in which he stated that it was his firm belief that NO person with dual loyalties / citizenship by birth should EVER be allowed to attain the office of president!!!

Yeah, but being of French Huguenot descent, Jay was only referring to Catholics and their (presumed) loyalty to the Pope. Last time I checked, Obama wasn’t Catholic. Nice try, better luck next time.

Comment by carlsonjok

And once again, a comments page demonstrates how a little knowledge can be a very ridiculous thing.

You should do this more often, Ames. Makes your blog not only informative but also highly entertaining.

Comment by Lanfranc

@JeffM (#49) so, citizenship is only conferred by the father’s lineage? You are implying that the President-Elect’s mother, whose U.S. Citizenship has yet to be disputed, is irrelevant in this matter. It’s an interesting, albeit sexist notion. Based on what Mr. Obama has said, I suspect she never felt particularly irrelevant.

And, given that the Bush keeps sending illegal immigrants “home” while allowing their children born in the U.S. to stay, isn’t all this blow back about Obama’s citizen ship a little . . . . situational? If we as a matter of national policy can call the daughters and sons of hispanic undocumented person natural born citizens, then can’t the son of a female U.S. citizen, born in a U.S. state, be a natural born U.S. citizen?

Or is all this just thinly veiled racism?

Comment by Philip H.

Additionally, the mother is traditionally viewed as the closer – and therefore more important – parent for purposes of U.S. citizenship, at least in other matters. See, e.g., Nguyen v. INS, 533 U.S. 33 (2001) (upholding, as not contrary to the Equal Protection Clause, a law making it easier for the alleged children of American mothers to prove their lineage).

Comment by Ames

UPDATE: I’ve uploaded a critical law review article for everyone to see. PUMA trolls: read it. The only case where the U.S. used to require that the father be a citizen was in the case of aliens born ABROAD.

Comment by Ames

Also – if Wells’ case is really up for review – how come private SCOTUSwatchers don’t have it as a conference’d case?

http://www.scotusblog.com/wp/petitions-to-watch-conferences-of-12508-121208/

Comment by Ames

this was hilarious. I agree with those who say this means nothing. If there was any foundation to this being true, then this would have come out in the primaries. Forget the general election. This would have come out in the primaries before Iowa. Also, if this was true, then this also would have come out during his run for the Senate. I am from Illinois and the Republican base there would have made this a real problem for him. Just give it a rest. He’s the future president.

Comment by Andrea

Good point. The political process supplies strong vetting. If there was any merit, you bet we would’ve heard Sarah Palin putting the question to her lynch mobs base.

Comment by Ames

Well after reading the posts now, it is very clear that there are two camps and nothing in the middle. Clearly, if everything was in order (i.e. – a legitimate verifiable birth certificate that everyone could agree was real) this argument would be moot. But, it seems many people are like sheep and will follow whatever they are told. Unfortunately, if you don’t follow the pack you are called a tin foil hat conspiracy nut job. The same thing happened when the Patriot Act was hastily passed without even being read by the congress. At that time if you did not agree with the Act you were considered Anti-American or a terrorist supporter which could not be further from the truth.

Many people can and ARE able to think for themselves without being conspiracy theorists. It just seems that all the others that “go with the flow” cannot believe there could be any other “truth” but theirs. The key here is “TRUTH.” Galileo once wrote: “All truths are easy to understand once they are discovered; the point is to discover them.” So should we look to find the truth? Of Course we should! The alternative is we live in a dark closet like a mushroom being fed fertilizer.

In the Obama situation, it appears truth is missing on many issues. If one source came up stating that Obama was “fill in the blank here” then we could easily dismiss it. But we have multiple sources researched by people that are highly educated. Are they all wearing tin foil hats? I don’t believe they are. There are questions that should be asked AND answered!! Why?

Even if the man is placed in the position of President and 50% of the population cheer for the “man of change” they elected. The other half of the country will not be in that camp. They will not recognize his authority as the “Commander in Chief.” Civil disobedience will be more of a threat that ever before. A significant breakdown in this society will occur. When habeas corpus was killed, it was the beginning of the end. “Habeas” protected us from harm by the judicial system. The Constitution was framed for our protection as well. There are reasons we should uphold the content…even that the POTUS is a US Citizen.

If we toss all of these truths out the door, there will be no more “Life, Liberty and pursuit of Happiness.” Count on it!

Comment by Larry Green

You’re right that, if this were a legitimate controversy, it might be best to see a judicial resolution just so all sides can call it a day. But not all controversies are legitimate (take creationism – please). Some, supported by only nutjobs, don’t deserve the time it takes to resolve them. There’s no controversy to teach here.

Comment by Ames

Doesn’t Title 8, Section 1401 of the U.S. Code state that one is a citizen at birth (or natural-born) if that birth occurred in a U.S. possession, providing that one parent is a citizen who lived in the U.S. for at least one year? For the state of Hawaii, once a U.S. territory, if you were born after April 30, 1900 you are considered to be a natural-born citizen, even though Hawaii was not declared a state until 1959.

Comment by LMLM

Here’s a link to the statute: I think their argument, though, is that “natural born” is a step above the citizenship statute. So the argument is that “natural born” requires that you be either one specific subcategory of 1401, or perhaps something more. I think you’re right, though, that that specific category you identified is the one you have to fall into… and for anybody sane, that’s enough. Sadly, these people are not so much sane ;-)

Comment by Ames

I can see creationism vs. evolution being more of a philosophical issue since no one was there at the beginning and creation is based on faith not empirical evidence. Science attempts to provide truth using specific tests upon which we can all agree the facts or truth exists. For example: I do not need to look at the floor to see a dropped hammer on a planet with positive gravity to know it hit the floor. However, even in science we find what we perceive as truth can change. For many years we knew that our solar system consisted of nine planets. Now we have learned that Pluto is not a planet at all (just a Disney dog).

Truths in the judicial system require that we boil down all the facts to arrive at what we can agree on as truth. The facts in the case of Obama are not being questioned by Jerry Springer viewers that sit in a trailer all day chugging beer and live on welfare. Even if the point is moot as to whether the BC that Obama posted on his site is not a fraud, the people of this country should have confidence in the POTUS being honest. Clearly, many do not.

Comment by Larry Green

Sorry, I meant: …the people of this country should have confidence in the POTUS ELECT being honest. Clearly, many do not.

Comment by Larry Green

“@JeffM (#49) so, citizenship is only conferred by the father’s lineage?”

That’s exactly what I’m saying. Do not confuse today’s interpretation of citizenship with the interpretation of “Natural Born Citizenship” when the Constitution was written. Article II is not racist at all then as it was today. If Obama was born to a U.S. father, he would be eligible.

If you feel this is in error, name one other president with dual citizenship and I’ll give you credit for doing research nobody else could find.

This issue everything to do with complete lack of historical understanding of citizenship and naturalization between 1600 and 1900 by current Americans. It is clear on this blog that people simply do not understand the term “Natural Born”. Do a little dive on history and you’ll clearly understand the crisis we are in.

Why is it so hard to fathom how laws were, and in many cases, still are applicable today, regardless of interpretation? Even by current International Law, Obama was and still is a British National, provided he actually forgot to clearly renounce his British citizenship when he was 18. Do we want a U.S. president to be at the beckon call of the Queen of England and her Parliament and Prime Minister????? This is exactly why we separated from Britain over 200 years ago. It wasn’t until recently that Britain even ALLOWED you to renounce your citizenship. You were a subject of the crown indefinitely.

SCOTUS is here to interpret the law as the framers intended. And if the law requires change, it is the responsibility of Congress to ratify that change via an amendment.

If you feel that “Natural Born Citizen” should be redefined, then what you should be encouraging is SCOTUS taking the case and interpreting it. That allows Congress to ratify an Amendment faster. Instead you make this a political issue, thinking this is all about Obama. It’s not. McCain’s in the same boat since he was born on Panamanian soil outside the Panama Zone. That makes him a dual citizen at birth, the same as Obama. So, why did McCain go through the trouble having Congress say he was AOK?

But then again that would mean that Mr. Constitutional “Expert” Obama knew full well he was ineligible based on the current meaning and decided to do what he wanted to regardless of the law. And he hides his past very very well, much like Chester Arther did for the exact same reasons – dual citizenship. And that’s what makes him a dangerous, dangerous man.

No man is above the law.

Comment by JeffM

Larry,
Actually, I think you got it correct the first time.

Leaving that aside, the elegibility of a person to be President is indeed of concern to many of us on the Left side of the aisle. What we fail to see is how a person, born to one U.S. Citizen parent in a U.S. state, is NOT a natural born citizen as intended by the Framers of the Constitution. To Claim, as so many do, that Mr. Obama’s father’s citizen ship at the time of birth is the deciding factor flies in the face of what I was taught natural born citizen meant all through public school. granted, it could be that all school students taught such things were massively lied to, but I doubt it.

As to the argument that Mr. Obama need to authorize Hawaii to release his long form birth certificate to settle this I have two questions -

First, I claim to be a U.S. citizen as I was born in Wyoming to at least one citizen parent. Do you need my long form birth certificate to prove this assertion? The State Department did not when they issued my first passport, and I know from professional experience that they have enough lawyers to know what proof they need. My understanding is Mr. Obama has a valid U.S. passport (which supposedly proves citizenship), so his documentation was obviously enough for State as well.

Second, would the release of the long form certificate really satisfy you (or any of the other questioners)? I keep reading these stories,and I have yet to see how it would. If you are not happy about Mr. Obama’s election, you are entitled to your opinion, and I’ll be happy to defend your right to that opinion as well as your right to speak that opinion. At the same time, we’ve just come off eight years (!) where a majority of Americans did not support or agree with the elected President (Particularly the last 4) and I see no evidence that it slowed him down. It also didn’t lead to a Constitutional Crisis.

So, I think you need to think long and hard about whether your emotional and intellectual energy is best spent over a minor document no other candidate has had to release. Instead, if you disagree with his election so much, join the fun and work to get someone else elected.

Comment by Philip H.

[...] Donofrio, the aforementioned pro-se (self represented) litigant pushing a similar claim on SCOTUS, suffers from similar failings. You know what they say: a lawyer who represents himself has a fool for a [...]

Pingback by UPDATED: Open Thread on Donofrio v. Wells, cert. denied, 55_ U.S. ___ (2008)

Jeff,

Obviously, the question of dual citizenship arises because different countries award citizenship according to different standards. This is a complex issue, and I do not think that it was any more clear-cut at the time your Constitution was written.

However, there’s something I don’t entirely understand: If, as you assert, dual citizenship is in fact an impediment to being a “natural born” citizen, are you not in a sense surrendering the sovereign right of the American people to decide for themselves who is eligible for their highest office?

In effect, an individual could fulfill all the requirements, but that wouldn’t matter at all if some other nation also considered that person a citizen according to their laws. I’m not sure I can pin it down precisely, but there seems to be a serious problem here.

Comment by Lanfranc

Lanfranc,

As usual, you pinned it down very well. Wow, that’s a really good point: we don’t want to be in the business of giving heckler’s vetoes to other countries over who our President is, and any concern about “dual loyalties” is cured because Obama renounced his foreign citizenship a loooong time ago. Bam.

Comment by Ames

Dual citizenship, “natural born” citizen, U.S. Citizen… terms that seem to be the focus of Obama having the legal right to hold the POTUS office. I could be wrong (it did happen once) but it seems that the reason the so many people are upset is that they are not satisfied with the alleged “proof” of Obama’s COLB. The details of the actual document aside, the fact his father is listed as “African” leads me to believe the document could truly be fraudulent. (see #10) The people that believe the copy of the COLB posted on Obama’s website is authentic think it is wrong or even foolish to question it otherwise. Unfortunately, factcheck.org has a conflict of interest. IMHO I believe we should always ask questions!

1.) If his COLB is a fraud, should he not provide the real document?

2.) If his COLB is a fraud, why was the real document NOT provided?

3.) If he IS a US Citizen, where did the many and various discrepancies originate?
And why?

4.) If his COLB is REAL, should there not be answers for the many discrepancies?

And lastly, it sounds like supporters in the Obama camp feel the Presidential requirements in the Constitution are irrelevant, since he got the electoral votes.

Comment by Larry Green

Ames, You said: “…Obama renounced his foreign citizenship a loooong time ago…” Where and when did he do this? Where is the documentation showing this? Obviously a lot of people are looking in the wrong places.

Comment by Larry Green

If there were ANY reasonable doubt, why is it individuals frantically trying to keep the Scary Black Foreign Man out of office, and not the Republican Party? Or did The Obama Conspiracy get to them, too?

Comment by Gulik

Lanfranc said:

“fulfill all the requirements, but that wouldn’t matter at all if some other nation also considered that person a citizen according to their laws. I’m not sure I can pin it down precisely, but there seems to be a serious problem here.”

There’s a problem when politics are at play. Why should We the People with 270,000,000 possible candidates should we subject ourselves to citizenship and international allegiance dangers that could essentially destroy our nation?

Based on Obama’s own web site he “let his Kenyan citizenship lapse” in 1982. Unfortunately it doesn’t work that way. You have to willingly renounce one of your dual citizenships. That means a formal renouncement by age 18 or older. It’s British Law.

This also means Obama is still a dual citizen unless he formally renounced it. And even then this is dangerous. Imagine if we went to war with the U.K. (think big picture here) All of the sudden, Obama’s renouncement papers go missing. “Sorry Mr. Obama, but you’re one of us as you never renounced your citizenship.” Imagine the catastrophe. Imagine the dissention in Congress. Imagine the fallout.

Dual citizenship is bad for leaders because allegiance is never assumed when more than one nation is involved. It creates confusion amongst the people and trust is compromised. Here is one example of where a candidate can get into real trouble:

1. Bob is born to Masu, an Indonesian male.
2. Masu married Sally from Texas.
3. Bob was born in Texas.

No problem, right? Guess again. By international law, Bob would have had dual citizenship at birth based on people’s arguments here. Unfortunately, Indonesia doesn’t honor dual citizenship, and they clearly state the father dictates the citizenship of his children. Which country does Bob have allegiance to? Technically Indonesia can claim Bob as “one of theirs”. Can you imagine this kind of crisis?

That’s why the framers put this clause in. They knew full well the Constitutional issues a dual citizen or a citizen lay claim to another country could create. They had countless historical citations of other nations where leaders had this problem and it tore their government apart at the seams. So, what was the practical way of preventing this problem? It’s simple. Ensure that U.S. citizenship is guaranteed for the president.

By ensuring “Natural Born Citizenship” to the father, this basically prevented any citizenship crisis back in the day. And it still applies even now. Not every nation is as advanced as we are with equal rights. Never forget that we are free while others are not.

Comment by JeffM

Even IF he renounced his Dual Citizenship a looooonggg time ago, it still doesn’t matter at all in the final determination of things. When he was born, his father is listed as being Kenyan with UK Citizenship because of Kenya being a territory of UK. The key words here are WHEN HE WAS BORN, that is what is important. A person can renounce dual citizenship of one or other parties anytime they want to, but you can NEVER GO BACK and make the difference retroactive in any stance. It is good from that time forward, but NEVER rretroactive at all. When he was born, according to Fightthesmears.com, he had dual citizenship with a Kenyan/UK father and a Citizen of United States, who had not reached the age of majority (19 years, at that time) 5 years before she gave birth to him (she Stanley Ann was only 18 when she gave birth to Obama), therefore she was not able to confer her status on him, and even if she could have, HIS FATHER was still UK/Kenyan AT HIS BIRTH. There is no way to retroactively change any of those things to make him a “Nnatural Born Citizen”. He states this on his own websight (about his dual citizenship-but he thinks that if he uses similar words “native born” that no one will notice the difference-and there is a great deal ofo difference in the Constitution that is talked about) and there is no way he can ever become something he isn’t at Birth to be eligible to be POTUS in any way.

Comment by bandywithme

How about this, JeffM:

1. Bob is born in the U.S. to U.S. citizens.
2. Bob travels to Doesnotexististan when he is 5 years old.
3. Doesnotexististan’s laws say that any minor who sets foot in the country is automatically granted citizenship, and that citizenship cannot be renounced.
4. Bob runs for president, and he is challenged because some foreign country insists he is a citizen even if he doesn’t want to be.

In this case, Bob’s citizenship has nothing to do with his allegiances. He is loyal to the U.S. and has nothing to do with Doesnotexististan.

Or how about this:

1. Bob is born in the U.S. to naturalized U.S. citizens who immigrated from Fictionaland. His parents don’t even have Fictionaland citizenship any longer.
2. Despite living in the U.S., Bob grows up immersed in the native culture of Fictionaland thanks to his parents and other relatives.
3. As an adult, Bob’s allegiances lie as much with Fictionaland as they do with the U.S., even though he holds on U.S. citizenship.

In this case, Bob’s allegiances have nothing to do with his citizenship. Bob’s cultural heritage, not some legal status, binds him to Fictionaland.

Which Bob would concern you most as president?

Comment by Kris

bandywithme – I agree with your point, but my concern is that it does not seem that anyone is taking the matter very seriously. Certainly the media is not and anyone else such as Philip Berg that is attempting to bring the issue to light is being called a crackpot or conspiracy theorist. In the end, if he is actually inaugurated, I see not only legal ramifications, but a total lack of confidence in the position of the POTUS. So what can be done? A lot of people are trying to bring this to the forefront of the American people. What more can we do?

Comment by Larry Green

Jeff, you keep referring to “international law” as if this is a homogeneous and well-defined concept, which it clearly is not.

Further, since all countries have their own, different criteria for how they grant citizenship and how they interpret dual citizenships, I would say it is debatable whether citizenship is even a part of international law in the first place – except as it applies to international agreements to mutually recognize citizenships, such as the EU or the Commonwealth.

So perhaps you could elaborate a bit on how exactly “international law” fits into this picture, and which particular sources of international law that you refer to?

Comment by Lanfranc

Bandywithme, I don’t know what the hell you are talking about conerning Obama’s mother not being able to pass her citizenship on to him because she was only barely(?) an adult.

But it’s irrelevant anyway, because Obama was born on U.S. soil, which automatically confers U.S. citizenship. Then he inherited a dual citizenship from his father, but I still have not heard any convincing arguments that this would prevent someone from being president.

Comment by Kris

Kris – Your scenarios leave out an important element. In the first case you say “…He is loyal to the U.S. and has nothing to do with Doesnotexististan” but are you basing that on what he says? What if he has other loyalties to “whatevergroupyoulike” but denies it? No one would know if he is a liar especially if he fabricates fraudulent documents. Your second scenario tells of Bob as being a verifiable US Citizen but loyal to Fictionaland. In this case Bob open admits his loyalty and would probably never be considered for President.

Comment by Larry Green

Kris – If Obama was born on US soil as you say, then why is has his grandmother stated she was there at his birth in Kenya? Or does his grandmother wear a tin foil hat too?

Comment by Larry Green

“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.”

These are the words of the U.S. Constitution Article in question. They do not say how “natural born” citizenship is conferred – thus arguments about mothers and fathers would seem to be irrelevant. They simply say “natural born” and, like it or not, most Americans have been taught that this means you were EITHER born on U.S. Soil, OR you were born to two U.S. citizen parents abroad. If the Framers had intended both conditions, Sen. McCain wouldn’t be eligible either, as he wasn’t born on U.S. soil (and sorry folks, but since we LEASED the Panama Canal Zone from Panama, and it has reverted back to Panamanian control its hard to see how it’s U.S. soil).

So, can we all now just stop this childishness and get on with more important things – like saving our economy?

Comment by Philip H.

Philip – “Saving our economy?” Hmm, lets see Democrat Bill Clinton signed NAFTA back in 1993 I believe. In 15 years our factories have all but disappeared, call centers are in India, and just try to buy ANYTHING at a retailer that is not made in China, Taiwan, Malaysia, etc. Our American soul was sold to the devil so now our jobs are in other countries. And the auto manufacturers now want YOU and ME to bail them out? I am sorry, but they can make it without our hard earned tax dollars. There are plenty of ways all of us other business owners stay in business without a handout. And I will pay a bit more for anything made in the USA if I can find it. I realize the public is tired of the Republican administration screwing up the last eight years, and if he is legally eligible to take the office of POTUS then Obama should take a crack at it. Hopefully, he won’t bend us over like Carter and Clinton did without lubricant, but his lack of honesty so far leads me to believe we better stock up on KY Jelly.

Comment by Larry Green

Larry – Obama’s grandmother has not stated she was there at his birth in Kenya. Please stop lying.

Comment by Matt

I copied this from another site because it explains the difference between Native or Natualized citizen from “Natural Born Citizen” better than most any others I can get. I hope that the person who wrote it will forgive me. He/She was listed as anon, so I could not ask permission, unfortunately. But her is a very well written and easily understood explanation….

The difference between “native” and that of “natural born” is defined by the difference of the two.

A native citizen is just that your were born in the U.S., but you can also hold other loyalties such as dual citizenship to other countries, like Obama claims he was also born as a British citizen. Not to mention, how Obama held his Kenyan citizenship until Aug. 4,1982. It’s been reported that Obama holds an Indonesian passport. Obama was adopted by his stepfather in Indonesia and took the legal name Barry Soetoro!

A natural born citizen of the U.S. can only hold 100% loyalties to the United States of America only!

How wise would it be to allow a foreign interest, a foreign government to dictate our national interest?

Would the American people allow North Korean Dictator Kim, or how about Communist China “Mao”, Russia’s Stalin or even Germany’s Adolf Hilter to influence our “Commander in Chief” as the U.S. President?

That’s why 100% loyalties MUST be to the United States of America only, first and foremost and without an umbilical cord to another regime, foreign government and or lobbyist!

Why would Obama subject so many citizens of his country and leaders of other nations to such mistrust about establishing his record of facts?

This isn’t the action of a honorable citizen, one who we should trust with our country!!!

Comment by bandywithme

It’s quite interesting, actually. These particular arguments are really beginning to remind me of the anti-Catholic “Know Nothing” of the 19th century.

Let’s try a little experiment for fun and profit.

Replace:

“A natural born citizen of the U.S. can only hold 100% loyalties to the United States of America only!

How wise would it be to allow a foreign interest, a foreign government to dictate our national interest?”

…with:

“A natural born citizen of the U.S. can only hold 100% loyalties to the United States of America only!

How wise would it be to allow the Pope to dictate our national interest?”

Yeah, pretty good match so far. So how deep does that rabbit hole go?

Comment by Lanfranc

Obama was adopted by his stepfather in Indonesia and took the legal name Barry Soetoro!

This is not a proven fact.

How wise would it be to allow a foreign interest, a foreign government to dictate our national interest?

It is not clear that this is even the issue here. A person with dual citizenship does not necessarily have any more “foreign interest” than a natural born citizen with a strong sense of their foreign heritage. Think of many first-generation Latinos.

The content of your post doesn’t establish itself as anything more than someone’s opinionated interpretation, and it says so many things that are incorrect that it discredits itself.

My education taught me that the primary intention of the “natural born citizen” requirement was to prevent foreign-nationals from immigrating, becoming naturalized, and ascending to the presidency in less than a generation. Someone previously claimed that dual citizenships were inherently illegal at the time of the framing, and that this implies that natural born citizenship was never intended to include dual citizenship. I would counter that, if dual citizenship wasn’t possible, then maybe it was simply not considered.

Comment by Kris

Matt: several sources say otherwise. For example – http://www.youtube.com/watch?v=-4FqVRWgrNw

Comment by Larry Green

Larry- Is that a link to an interview with Obama’s grandmother? If it’s not, then it is not proof that she said she was at Obamas birth in Kenya.

Comment by Matt

Jesus Christ. Quote-mining an 86-year old African grandmother for political gain. Are there any depths of moral bankruptcy that these people haven’t probed yet?

:rolleyes:

Comment by Lanfranc

Larry, that video is a joke and cannot be cited as evidence that Obama was born in Kenya. It is obviously a bogus translation of Obama’s grandmothers words by someone with a political axe to grind.

Obama was born in Hawaii in 1961. His birth certificate shows this and the state of Hawaii has confirmed it. You’d have to be an idiot to think otherwise.

Comment by Matt

I’m sorry, Larry, but whoever made that video is seriously confused about a few things.

Its central assertion is that the phrase “ñate dhalani” means “born in this village”. Even leaving aside the otherwise essential point that any translation is dependent on the full context, which we do not get, there are a few problems with that translation.

While I don’t speak neither Swahili nor Dholuo, I do know that neither language is Indo-European. As such, referring to a supposed “Indic root” (I assume they in fact mean “Indo-European”) is meaningless in itself. Further, there is no such thing as an Indo-European root of “*nate-”. The correct I-E root for “giving birth” is “*ǵn-” or “*ǵenh-”, which is seen in Greek “genesis”, Latin “genus”, German “Kind” and English “kin”.

“Native”, “natural”, “natal” and so on do come from that same root through a sound change in ancient Latin – the original “gnatus” would lose the ‘g’ and become “natus”, “gnasci” would become “nasci” and so forth.

However, that’s probably going a bit beyond the point which is that this is epic linguistics phail which leads me to doubt the creators’ ability to accurately speak even their own language, much less Swahili.

Comment by Lanfranc

Here is an article for those of you who have dounts about the reasons for the “Natural Born Citizen” clause to be adhered to, so that you might understand why it is there. I copied it from FSM.com and it is by one of the editors on that site.

Why the POTUS Needs to Be a Natural-Born Citizen
Frank Salvato

The Founders and Framers were incredibly intelligent people. In fact, they operated, intellectually, at a grade 24 level, grade 12 equating to the senior year in high school. Therefore, it shouldn’t come as any surprise that each Article and Amendment – each tenet – in The Charters of Freedom was painstakingly examined, debated, reviewed and, finally, included. Article II, Section 1 of the United States Constitution – the Article that clearly states the qualifications for holding the office of President of the United States – is no different.

To be clear, I have no decided position on whether or not President-Elect Barack Obama is a natural-born citizen or otherwise. I believe that we – as a people – need to base our understanding on any and every issue on the facts. But in the case of Mr. Obama’s status of natural-born citizenship there are too many unanswered questions and not enough transparency where the facts are concerned. For a candidate who ran his presidential campaign on the promise of transparency, Mr. Obama has proven in the earliest moments of his executive tenure that transparency is subjective.

The most troubling of the troublesome questions is why Mr. Obama didn’t immediately release his vaulted, original birth certificate for examination. This act would have not only eliminated a potential stumbling block for his campaign, but it would have certified his eligibility for the office of President of the United States and saved the taxpayers the cost of judicial intervention. Instead, under the pretext of visiting an ailing grandmother in Hawaii just days before the 2008 Presidential Election, Mr. Obama had his vaulted, original birth certificate sealed by Hawaii’s governor, Linda Lingle (R).

On Friday, December 5th, 2008, the full compliment of the United States Supreme Court will hold a Rule of Four Conference hearing on the issue of Donofrio v. Wells; a lawsuit alleging that New Jersey Secretary of State Nina Mitchell Wells was delinquent in disqualifying ineligible candidates for President of the United States from the November 4th, 2008 General Election Ballot. The US Supreme Court Rule of Four states that before a case is put on the docket, four out of the nine Supreme Court justices must agree in conference to hear the case. If four out of the nine Supreme Court Justices agree, Donofrio v. Wells will be heard by the full United States Supreme Court and our nation will stand on the brink of a Constitutional Crisis.

There are many reasons why someone running for the office of President of the United States should be a natural-born citizen but four come to mind as the most immediate: Allegiance, Sovereignty, Foreign Intervention and the Safeguarding of The Charters of Freedom.

Allegiance
It is important that anyone aspiring to the office of President of the United States have a steadfast allegiance to The Charters of Freedom and the country, without reserving any allegiance to any foreign power, entity or potentate.

Because the President of the United States serves as Commander-in-Chief of the United States Armed Forces it is essential that the person holding this position, and the authority to unleash the power of the US military, not be compromised of allegiance. And because the President is the Chief Executive — the administrator to all Executive Branch authorities and departments — it is paramount that this position be limited to those who would dedicate themselves to “country first.”

A person holding dual allegiance – or dual citizenship – would be put in the position of having to choose between those allegiances and would, therefore, compromise his oath of preserving, protecting and defending the United States Constitution.

Sovereignty
In an age when there exists a substantial number of federally elected officials who believe the United States should take its seat as an equal in a one-world, globalist order, it becomes critical that the person elected to serve as President of the United States have an unwavering dedication to our nation’s sovereignty.

With the advent of organizations such as the “World Court” and an ever-advancing encroachment of United Nations authority upon our sovereignty, it is important that our national sovereignty be protected at all cost. Allowing someone who does not satisfy Article II, Section 1 of the US Constitution to ascend to the office of President facilitates an opportunity for globalist ideologues to position themselves to do harm to the Charters of Freedom at the hand of world opinion and at the expense of the Rights as enumerated in The Charters of Freedom.

When one takes into account many of the extreme laws governing free speech, property rights, taxation and personal and religious freedom that exist throughout the world it becomes clear that to bow to the will of the world community, to trade our sovereignty for universal national equality, serves to diminish the freedom and liberty mandated by The Charters of Freedom, liberties and freedoms paid for with the blood and treasure of patriots.

Foreign Intervention
In the youthful existence of the United States of America our nation has come up against many individuals, nations and organizations who would revel in our demise. To permit a non-natural-born citizen to rise to the office of President would be to invite nefarious forces to manufacture a Little Nikita in the hope of bringing about the actualization of Nikita Khrushchev’s declaration that the United States will fall with nary a shot being fired.

To believe that organizations like al Qaeda, ideologues like Hugo Chavez and Mahmoud Ahmadinejad or nation states like Russia or China wouldn’t embrace the chance to – through the legitimate means of our electoral process – install an operative in the Oval Office is to be naïve. Each of these entities devote resources to affect the demise of the United States of America including military, economic and ideological (read: propaganda) resources.

Because the President of the United States is entrusted with the execution of authority of all Executive Branch departments and the command of the US military, it is vital that anyone aspiring to the office have a complete appreciation and devotion for the American way of life. Failing to vet those who do not possess natural-born appreciation or our uniquely American philosophy is to invite an ideological siege upon our nation and to compromise the ability to bequeath Americanism to future generations.

Safeguarding of the Charters of Freedom
Chief among every American President’s duties is to safeguard the Charters of Freedom. The Oath of Office of the President of the United States reads:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Some add, “So help me God” to punctuate their commitment.

Without a solid, unwavering dedication to preserving The Charters of Freedom the President of the United States is ill-prepared to advance the freedoms and liberties mandated therein to future generations. Those who would usurp the genius of our Founders and Framers by diminishing the importance of natural born citizenship as a requirement for President do so at the expense of generational safeguards. Those who engage in this national apostasy should be thoroughly scrutinized for any ulterior motive.

Today, as we await the decision of the United States Supreme Court on the issue of President-Elect Obama’s requirement to satisfy Article II, Section 1, our nation stands at a crossroads that runs adjacent to the abyss. Today, there is no provision in the US Constitution for a mechanism to enforce Article II, Section 1 but for US Supreme Court action. On Friday, should the US Supreme Court abdicate its responsibility to the US Constitution, the full Charters of Freedom and the American People, we will stand smaller in the eyes of our Founders and Framers and in the eyes of all who died in pursuit of the preservation of our freedoms and liberty.

While it is true that many who have come to be naturalized American citizens exhibit a deeper love of our country than many who take citizenship for granted, one of the few ways to assure that Americanism and The Charters of Freedom survive for future generations is to stipulate that those aspiring to become President of the United States be American. When we “rationalize” that requirement to the ash heap of history we can all rest assured that our freedom and liberty will soon follow.

FamilySecurityMatters.org Contributing Editor Frank Salvato is the managing editor for The New Media Journal. He serves at the Executive Director of the Basics Project, a non-profit, non-partisan, 501(C)(3) research and education initiative. Feedback: editorialdirector@familysecuritymatters.org.

Comment by bandywithme

“There’s a problem when politics are at play. Why should We the People with 270,000,000 possible candidates should we subject ourselves to citizenship and international allegiance dangers that could essentially destroy our nation?”

Funny, that’s what they said about John F. Kennedy, too. You remember how when he was running, everyone was worried he was going to build a secret tunnel between Washington DC and Vatican City?

STOP LAUGHING! It was a SERIOUS ISSUE!!!1!one!

Comment by Gulik

“FamilySecurityMatters.org Contributing Editor Frank Salvato is the managing editor for The New Media Journal. He serves at the Executive Director of the Basics Project, a non-profit, non-partisan, 501(C)(3) research and education initiative.”

Waitasec… Family Security Matters? That sounds familiar….

YEAH! They let this nut argue that Bush should abolish our current government and take his rightful place as World Emperor! Just the kind of Truthiness-endowed organization _I’d_ go to for legal advice fnord.

And the Basics Project….these guys? Let’s look at their front page…

American Fifth Column: The Whitewashing of Stalin”. Yeeeeaaaah. If these guys are “non-partisan”, I’m Emperor Norton the VIIth.

Comment by Gulik

Lanfranc said:

“Jeff, you keep referring to “international law” as if this is a homogeneous and well-defined concept, which it clearly is not.

It is not a well defined concept by any means. When I mention international laws, I’m referring to international treaties and agreements between countries re. citizenship and immigration.

The U.S. does not live in a glass bubble. It must honor and respect other immigration laws to allow smooth transition of nationals. Otherwise this can pose serious problems trying to move citizens back and forth between countries.

That is why our State Department is extremely careful in matters of Dual and Multiple Citizenship.

Comment by JeffM

Gulik,
Is that all you have in your arsenal? I would have expected more vitriol and venom to come from such erstwhile Democrats who do not have anything stronger than the Obama KoolAid to drink and hold up as their stantion. Salvato is a respected writer and has some very valid opinions, of which you seem to deride even though you cannot come up with anything original of your own. Get a life and get over the fact that NOT everyone agrees with your train of thought and your follow me attitude as if that is the only one out there.

Comment by bandywithme

Bandy, we’re not mean people. And, unlike most PUMA/CoLB blogs, we don’t censor comments here. If you stick around, you might learn that “O-Bots” aren’t all bad. We just know that you’re wrong on this issue, that’s all.

Comment by Ames

Ames,I am actually enjoying this discussion. Truth be told I did not vote for either McCain nor Obama. If Obama is president, so be it.

But one thing is clear here. This election has been riddled with citizenship controversy. There needs to be a stake put in the ground by SCOTUS.

If Obama is indeed ineligible, that may not be a bad thing. It would encourage legislative change to ensure vetting of candidates is done correctly. It may even more clearly re-define Article II to allow for other qualified candidates to become POTUS.

Make no mistake, McCain is in the same situation. The only candidates clear of this citizenship issue are Clinton, Biden, Palin, and numerous independents.

The very fact that Calero ever made it onto the ballots signals an enormous back door for candidates who are clearly ineligible, possibly Manchurian Candidate in nature, to assume control over the office of the Presidency. By turning our heads now, we are telling the world our electoral process is broken.

And that is a very VERY risky proposition.

Comment by JeffM

Bandy: I have been on the Internet long enough to figure out that not eveyone enjoys the joyous communion with the Great Liberal Hivemind that I have. Such people fill me with pity and co ntemp. ALL GLORY TO THE HIVEMIND!

Shyeah, right. I know people disagree with me, you among them. I just happen to think this case is bogus, as I can’t think of any evidence short of Jesus Himself descending from Heaven with Obama’s entry in the Book Of Life, which _could_ convince you that yes, the Scary Black Man With The Scary Middle Name _really is_ an American Citizen.

Seriously. If this story had ANY legs, the McCain campaign would have had it in EVERY attack ad.

Comment by Gulik

Wow, I’d been ignoring this to date, but this is the second comment thread that I’ve seen dominate the MoI sidebar. This is a tempest in an imaginary teapot. Even if these folks were right, no one would care.

Bandy, leaving aside the question of whether or not Obama is a natural-born citizen, Salvato essentially concedes that his argument against letting non-natural citizens serve as President falls apart at the end of that essay you posted. He concedes that “…it is true that many who have come to be naturalized American citizens exhibit a deeper love of our country than many who take citizenship for granted”. This is unambiguous, and the clear implication is that a President who is a natural citizen is not guaranteed to be more loyal to America than a President who is a non-natural citizen. That he’s been insisting all along that only natural citizens are sure to be loyal to America is just evidence of his capacity for cognitive dissonance. How does one reconcile the two claims?

Comment by Gotchaye

Gulik said:

“Seriously. If this story had ANY legs, the McCain campaign would have had it in EVERY attack ad.”

Not if he’s in the same boat. And in this case, it appears he is.

Comment by JeffM

Gulik,
Personally, I don’t give a rat’s ass whether Obama has purple skin and yellow eyes with a name that sounds as if it came out of George Lucas’s Star Wars Trilogy, He is not a “Natural Born Citizen” and that makes him ineligible to be President of the USA. Look up on his own website, fightthesmears.com, where he states that he is a “native born citizen” and then go look up the difference in the actual CONSTITUTION. It is there and it is written, I dare you to find it….. it is learly stated in blackk and white, go look for it, I have and I found it and it was very illuminating.

Comment by bandywithme

Jeff,

“The U.S. does not live in a glass bubble. It must honor and respect other immigration laws to allow smooth transition of nationals. Otherwise this can pose serious problems trying to move citizens back and forth between countries.”

That goes without saying, but I still don’t see what this has to do with the US critieria for awarding citizenship, much less at the time the Constitution was written, when the concept of dual citizenship probably didn’t even exist yet.

Comment by Lanfranc

Bandy – if the admission that he was, at birth, a dual citizen led naturally to the conclusion that he wasn’t eligible to be President, do you think Obama’s aides would’ve let him put that up there? I’m thinking no: you seem to be positing a conspiracy that’s simultaneously (1) genius, and capable of manipulating the Supreme Court and the media into ignoring a serious story, and (2) idiotic, for putting the “smoking gun” on its own website. Purely logically, that doesn’t make sense.

Comment by Ames

Ames,

what you don’t get is that you guys are all being brainwashed by his own coming forth with the very deceptive “Native citizen” ruse in so much that you all don’t know the differences between the two (being Native Born and Natural Born as applies to Citizenship) and he is trying to tell you (in other words, sell you the Brooklyn Bridge, IF you would buy that) all that he is totally upfront and not denying anything about his actual birth, but you never look up and see for yourselves what the difference means and why it is even there in the first place. Use your head and not your “feel good” charisma that you all seem to want the world to grant to the “first black-American man to become President of the US”. And by the way, he is NOT a black American as you all so proudly state…. he is 50% white by virtue of his white mother, whom ever she may be (grandma Toot or Stanley Ann, as you anti-conspiracy theorists like to throw around to debunk ) and approximately 37%+- Luo Arab-Muslim African, (the ones who actually started transporting SLAVES by capturing them in the name of Allah back in the 1500’s and sending them off to other civilizations as slaves) and possibly, as much as 13%+- BLACK AFRICAN, who might have landed in Virginia or some other port of entry to be possibly sold as a slave to the plantation owners in the south, that might claim ownership of the tribe in Kenya. And I am a genealogy researcher, so I can pretty well figure this one out if given enough money to do so. , cause it would take a lot of time and effort to physically go to every courthouse in the south to see if thtere were any relatives that claimed to be of the Luo tribe when they registered here. However, IF you want me to verify my stats, pay me and I will be glad to hop the next plane from here to there.

Comment by bandywithme

The Luo are Arabs now? That’s funny, I thought they were Nilotics.

Ah, the wonderful elusiveness of ethnicity!

Comment by Lanfranc

Lanfranc said:

“That goes without saying, but I still don’t see what this has to do with the US critieria for awarding citizenship, much less at the time the Constitution was written, when the concept of dual citizenship probably didn’t even exist yet.”

It existed even back then. The framers knew full well it did.

In fact dual citizenship was one the main reasons for the War of 1812. Back then, Britain forced British-born American citizens to fight for Britain. Since at that time British Citizenship was irrevocable, the British Navy was snagging thousands of American citizens from merchant ships off the coast of North America and recruiting them into the Navy. This sort of activity was called “Impressment”.

It was getting so bad, the U.S. had to intervene. Here’s a quote of from President Madison’s War Message to Congress on June 14th, 1812:

“The practice, hence, is so far from affecting British subjects alone that, under the pretext of searching for these, thousands of American citizens, under the safeguard of public law and of their national flag, have been torn from their country and from everything dear to them; have been dragged on board ships of war of a foreign nation and exposed, under the severities of their discipline, to be exiled to the most distant and deadly climes, to risk their lives in the battles of their oppressors, and to be the melancholy instruments of taking away those of their own brethren.”

Comment by JeffM

Re: war of 1812: you’re very confused. Dual citizenship didn’t exist until well into the late 1800s, and even if it did exist in 1812 , it probably wouldn’t have much bearing on the Constitution – a document written in 1789. Chronology fail.

Comment by Ames

JeffM,

Of course the possibility of holding a citizenship of two different countries also existed at the time of the framers, as it probably always has.

However, what I meant was that the concept of legally holding multiple citizenships did not yet exist, since that is dependent on several later legal and political developments.

However, all that aside, you still haven’t explained why you believe this is a relevant point in the first place concerning the American criteria for citizenship.

Comment by Lanfranc

The posting by LanFranc Dec. 5 at 3:46 p.m
about the insidious nature of how one country’s
citizenship laws could undermine anothers show just how defective Donofrio’s thesis is.

Dual-citizenship should only *add* rights,
not subtract them — the anti-Obamaites
are spinning dual-citizenship to make
someone a “half-citizen”. This is fanciful.

There’s a name for this from voting theory –
“independence of irrelevant alternatives”:

http://en.wikipedia.org/wiki/Independence_of_irrelevant_alternatives

It is best illustrated by a scoring system used in
ice skating that awarded gold and silver medals
to skaters in a supposedly final round, only
to have the awards “flip” depending on the
outcome of a sixth-place finisher. Fishy.
Read William Poundstone’s “Gaming the Vote”
for this and other bizarre election stories.

Comment by loquitur

Ames said:

“Re: war of 1812: you’re very confused. Dual citizenship didn’t exist until well into the late 1800s, and even if it did exist in 1812 , it probably wouldn’t have much bearing on the Constitution – a document written in 1789. Chronology fail.”

Not true. Dual Citizenship, i.e. Dual Allegiance, was an issue for all British-born U.S. Citizens from 1789 until the Treaty of Ghent in 1815. It was not by choice, mind you. It was because Britain refused to recognize the renunciation clause of the U.S. Citizenship oath.

Otherwise, U.S. Citizens would not have been able to serve in the British Navy.

Comprehension fail.

Comment by JeffM

Lanfranc said:

“However, what I meant was that the concept of legally holding multiple citizenships did not yet exist, since that is dependent on several later legal and political developments.

However, all that aside, you still haven’t explained why you believe this is a relevant point in the first place concerning the American criteria for citizenship.”

It is at the very heart of the matter. Dual Citizenship is not an issue with regards to U.S. Citizenship. It does, however, pose an issue with allegiance. Dual citizens can vote in the U.S. and in the other country they are a citizen of. They are also subject to military service in both countries. So, if a citizen has oh say Indonesian and U.S. citizenship and next year both countries go to war, which country has rights over the allegiance of that citizen to draft that citizen for military service?

Dual Citizenship at birth, negates “Natural Born Citizenship”. There is a clear distinction in the U.S. Constitution. Not all U.S. citizens are “Natural Born”. Naturalized U.S. Citizens are clear evidence of this.

Dual U.S. citizens are clearly citizens. In fact 90% of the current nationalized citizens are dual citizens today. However, not one of them can be POTUS if the father is not a U.S. Citizen, even if they’re born here.

Comment by JeffM

I was asked to provide a comment about the statement that I made about Stanley Ann Dunhams age being relevant to her being able to grant citizenship to Obama at birth. Here is a very true application that I copied from someone else on another site, that has a reference book to cite the law and realities. I am providing this and hope that the author does not take offense, but becuse of its nature and total amount of truth, I hope that I will get a pass and this area of people can finally see more of the truth that they need to open their eyes….

If the Supreme Court goes by law, then Barack Obama never was a US Citizen since his mother did not meet the age requirement under the Constitution 14th Amendment( Citizenship by birth (INA § 301, 8 USC § 1401) )at the time of her birth, and due to the fact that Barack’s parents were married, this only gave British Citizenship to Barack Obama:

If one parent is a US citizen, and the other is not, and the parents are married, then the current law says the child is a US citizen if the American parent was physically present in the US for one or more periods of time totalling at least five years, at some time or times in his or her life prior to (but not necessarily immediately prior to) the child’s birth. Additionally, at least two years out the required five years of physical presence must have taken place after the parent’s 14th birthday; thus, for example, a parent who was born and grew up in the US, but who left before reaching age 16 and never returned, doesn’t meet the requirement.
Prior to 14 November 1986, the physical presence requirement in this case was ten years (instead of five) — including five years (instead of two) spent after the parent’s 14th birthday. The requirement was reduced in 1986, but the change did not retroactively make US citizenship available to people born previously who did not meet the old requirement. (Congress’s intent not to make this change retroactive was affirmed in 1988 with the passage of Public Law 100-525, § 8(d), 102 Stat. 2619).
S.2479
Title: A bill to amend the Immigration and Nationality Act to make technical correction in immigration-related laws.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 6/7/1988)
Latest Major Action: 10/24/1988 Became Public Law No: 100-525.

Stanley Ann Dunham was 18 at the time of Barack birth according to his accounts & Wikipedia, therefore Stanley Ann Dunham did not meet the age requirements, unless his parents never reaally got married in Feb 2, 1961 (wikipedia: http://en.wikipedia.org/wiki/Ann_Dunham ) as he & his family have claimed.

Comment by bandywithme

[quote]While no mandatory authority – meaning, court case, statute, etc. – has confronted the question, academic analysis is 100% on my side of the issue.[/quote]

The framers understood that no person of divided loyalties (a near perfect description of old & modern day ‘Dual Citizenship’) could service the country in either POTUS or VPOTUS, and this is clearly stated in the original and repeated in different ways close to 11 times in different places. So there are at least 10 points showing otherwise!

This was well and deeply understood even by Chester Arthur’s era (1880’s), which is why he fought so hard to hide that his father was a Naturalized Citizen and not a Natural Born Citizen.

A copy of William Arthur’s naturalization paperwork:
http://naturalborncitizen.files.wordpress.com/2008/12/william-arthur-naturalization.pdf

The interesting thing is that BHO’s problem comes from a Father vs Mother issue and who’s country is or is not dominant. However the ‘correct’ decision would be to fall back on the words of the constitution where neither ’sex’, but origin, takes dominance and looks at the whole picture. If you take it from that VP then BHO is a citizen, but not eligible for POTUS.

Certainly helps to explain his usage of Native Born and not Natural Born terminology.

For all you “O-bots” don’t forget that even if BHO isn’t in the White House his VP will be the temporary President until another is voted in, so there will be a Democrat in there anyways! LOL!

Comment by Frank Lake

JeffM said,

Dual Citizenship at birth, negates “Natural Born Citizenship”. There is a clear distinction in the U.S. Constitution. Not all U.S. citizens are “Natural Born”. Naturalized U.S. Citizens are clear evidence of this.

Now, Jeff, I’m not a lawyer, but I do know how to read an historical source. And as far as I can see, the Constitution nowhere makes such a distinction. It does make a distinction between “natural born citizens” and “naturalized citizens”. It does so in Art. 2, sec. 1 when it emphasises that the President must be natural born, and even more clearly in Amend. 14, sec. 1., which mentions “persons born or naturalized”. On the other hand, I can find no references to this elusive distinction between a “natural born citizen” and a “something-other-than-natural born citizen”.

So since there’s no textual support for this in the source itself, and since I understand from Ames and others that the only entity with final authority to interpret this text, the Supreme Court, has never taken a position on the question, all of this remains just your opinion – and at that, a highly ideosyncratic opinion that I doubt any reasonable person would agree with.

If I have missed any specific passages that indicate otherwise, you are invited to point them out.

Besides, loquitur is absolutely right above. Dual citizenship in the modern, post-WWII sense means that you have legal citizenship in two different countries. The very idea that having certain rights in country A would diminish your rights in country B seems contrary to any sort of reason in a country under the rule of law. If dual citizenship is seen as a problem, it can be forbidden by law, as many countries do. Otherwise, it must be assumed that the person in question has all the rights that are accorded to any other citizen.

Comment by Lanfranc

Further, there have from time to time been academic proposals to disqualify, by amendment, dual citizens: seems to me a tacit recognition that the Constitution as written doesn’t do that.

Comment by Ames

Natural born refers to status. Otherwise, the constitution would have specified eligibility criteria to be ‘native born’. It is as simple as that.

Comment by Common Sense

Re conferring status when less than 19, please tell me what the citizenship status or natural born status is of all the babies of U.S. teen moms.

Comment by Common Sense

No person, neither mother nor father, can relinquish a person’s U.S. citizenship rights. That means that neither Obama’s father, nor the rulers of the country his father is from can remove Obama’s natural born citizenship status. Ironically, this also means his mother couldn’t remove it either.

Comment by Common Sense

Lanfrac said:

“Now, Jeff, I’m not a lawyer, but I do know how to read an historical source. And as far as I can see, the Constitution nowhere makes such a distinction.”

It does, and it can be found right in Article II. Otherwise the “or a citizen of the United States, at the time of the adoption of this Constitution,” would not have been included.

The framers clearly understood there was a distinction between a U.S. Citizen and a Natural Born Citizen.

Take a peek at Blackstone’s British Common Law Commentaries. He clearly defines “Natural-born” as it pertained to law back in the late 1700’s right before the Constitution was signed. Remember, we were British in 1787 and most people in this country understood Common Law. And people knew what Natural Born Subject meant. They also understood, unlike being a subject, that being a citizen meant you were free from the shackles of the King’s crown.

Our Constitutional framers used quite a bit of Common Law (modified of course), and for the first 100 years of law in the U.S., Blackstone’s Commentaries was used to interpret many Constitutional questions.

Comment by JeffM

JeffM, you sure they didn’t just include “or a citizen of the United States, at the time of the adoption of this Constitution” because otherwise all birth-citizens would’ve been inelgible, due to the age requirement, until the 1820s? That seems to make sense, and fits with the common-language treatment of “natural born” as an archaic equivalent to “native born”, as in “anybody born within the United States is a natural-born/native-born citizen, end of story”.

Comment by Steve

Alright, Jeff, I’m looking at Blackstone. A reference would have been nice, but I assume you’re talking about Book 1, ch. 10, Of People, Whether Aliens, Denizens or Natives.

I note that one of the first things he mentions is that,

“THE firft and moft obvious divifion of the people is into aliens and natural-born fubjects. Natural-born fubjects are fuch as are born within the dominions of the crown of England, that is, within the ligeance, or as it is generally called, the allegiance of the king; and aliens, fuch as are born out of it.” (p. 354)

Alright. So “natural-born subjects” and “aliens”. No “something-other-than-natural-born subjects” there.

Following this, there is a lengthy discourse on allegiance, and I would guess that it is here that you picked up these notions about dual citizenship. However, the funny thing is that even if we accept Blackstone’s opinions as relevant in the modern world, they still don’t support your interpretations. Note this passage:

For it is a principle of univerfal law, that the natural-born fubject of one prince cannot by any act of his own, no, not by fwearing allegiance to another, put off or difcharge his natural allegiance to the former: for this natural allegiance was intrinfic, and primitive, and antecedent to the other; and cannot be devefted without the concurrent act of that prince to whom it was firft due. Indeed the natural-born fubject of one prince, to whom he owes allegiance, may be entangled by fubjecting himfelf abfolutely to another; but it is his own act that brings him into thefe ftraits and difficulties, of owing fervice to two mafters; and it is unreafonable that, by fuch voluntary act of his own, he fhould be able at pleafure to unloofe thofe bands, by which he is connected to his natural prince. (p. 358)

In other words, a person gains a “natural allegiance” to a prince simply by being born in his domain. And further,

“THE children of aliens, born here in England, are, generally fpeaking, natural-born fubjects, and entitled to all the privileges of fuch. In which the conftitution of France differs from curs; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien.” (p. 361)

So the conclusion here seems simple. If you’re born in a certain realm, you owe a natural and undissolvable allegiance to the prince of that realm, or in the case of the United States, to the Republic. If anything, this sets forth an even stronger case against these ridiculous claims than from a modern perspective with its somewhat more flexible interpretation of nationality and citizenship.

Comment by Lanfranc

Is anybody gonna explain why naturalization laws would apply to Obama? He was born to a U.S. citizen on U.S. soil. His mother didn’t have to be a citizen for 14 years. She didn’t have to be the age of majority. She didn’t have to remain in the country and was free to come and go as she pleased. Obama’s natural-born status is U.S. citizen.

Comment by Common Sense

Lanfranc said:

“If anything, this sets forth an even stronger case against these ridiculous claims than from a modern perspective with its somewhat more flexible interpretation of nationality and citizenship.”

Not true. Subjects are not citizens. Blackstone makes it clear the definition of allegiance and how it is passed down from father to child.

And, international law at the time had a clear definition of Natural Born Citizen which backs the claim that fathers dictated the citizenship of their children.

Look no further than the “Law of Nations” by Emer de Vattel in 1758. His definition of Natural Born Citizen is clear as day, and nearly identical to the definition supplied by the U.S. State Department:

“The Natives, or Natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.”

Any Constitutional scholar (including Obama) will tell you de Vattel’s writings were influential, serving as a key reference of the Constitution, and he has been considered to be the Father of modern international law. More can be read here:

http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php%3Fperson=3987&Itemid=27

Comment by JeffM

Jeff, you seem to be a little confused here. First you pull out Blackstone in an attempt to use him as support for your definition of “natural born”. When it turns out that he actually says the complete opposite of what you want him to, suddenly you drop him like he’s on fire and pull out de Vattel instead.

However, I don’t think this has made your position any stronger, because the juxtaposition of Blackstone and de Vattel actually highlights a very important issue here: That these two contemporary writers have a diametrically opposed interpretation of what exactly it is that gives a person his nationality – Blackstone’s jus soli versus de Vattel’s jus sanguinis. In other words, both of these interpretations existed in the 18th century, and both of them may have influenced the Founding Fathers. To determine which one precisely, to the extent that’s possible at all, one would have to do a comprehensive study of all the source materials surrounding the genesis of the Constitution – letters, commentaries, Convention records, and so on.

Although this would obviously be rather a complex project, I would suggest that it would lead to significantly better results than your current approach. And if you’re lucky, someone may already have done it for you.

Comment by Lanfranc

Lanfranc said:

“Jeff, you seem to be a little confused here. First you pull out Blackstone in an attempt to use him as support for your definition of “natural born”. When it turns out that he actually says the complete opposite of what you want him to, suddenly you drop him like he’s on fire and pull out de Vattel instead. ”

I am not confused. Both laws clearly follow Natural Law, i.e. LAW OF NATIONS, i.e. Common Law.

And that law is the same then as it is in many countries today, including the U.K. and U.S. (NBC vs Citizen)

Citizens inherit citizenship from the father. Citizen, i.e. Allegiance, of the father is passed down to the son.

This is the same for Vattel. This is the same for Blackstone.

The only difference between common law and natural law is one relates to subjects while the other relates to citizens.

One is renouncable. The other is not. That’s why both are key to Article II.

I can do a side-by-side comparison of both if it will help you understand.

Comment by JeffM

This is very important. Common law is not natural law. In fact, they’re quite distinct. Natural law is that which is “universally discoverable” by logic: sort of a legal set of first principles. Its invocation is rare, and inapplicable in this case.

Onto common law. British common law of 1800 no longer governs on its own force. If it’s preserved, it’s preserved by explicit incorporation into the Constitution or statute. The common law was received from England subject to legislative amendment, clarification, and repudiation. Assuming arguendo that British common law on “natural born citizenship” was received and remains undisturbed, British common law did not speak to dual citizenship, since the concept (as in, the ability to legally hold two citizenships) was not extant at the birth of the Union.

Souter’s dissent in Alden v. Maine, available here, has a nice, long, and stirring account of what natural law and common law are, in the context of sovereign immunity. If you’re going to bandy those terms about please learn what they mean. It’s clear Donofrio didn’t.

Comment by Ames

Oh, and stop quoting Blackstone like he’s a freaking statute book. He’s a commentator that summarized (gisted) the British common law as it existed during his time. He’s not binding an any court, anywhere.

Comment by Ames

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JeffM said,

“The only difference between common law and natural law is one relates to subjects while the other relates to citizens.”

And with that, I think we reached the stage where any further discussion is pointless.

Comment by Lanfranc

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