More Controversy about “Natural Born Citizen” is coming for the next Presidential Election.
In the United States we have three types of Citizens, Natural Born Citizen, Native Born Citizen, Naturalized citizen
Natural Born Citizen
A "Natural born citizen" - the most
crucial concept of the moment in America - is confusing (and deliberately confused). This
concept is used in the Constitution of the US (Article II, Section 1, #4) as a precondition for
presidency - and only for presidency, being clearly distinguished
from ordinary citizenship. It has not been defined in the Constitution
nor in any later statutes, because it had been self evident in the time when
the Constitution was written, codified in the then contemporary encyclopedia
"The Law of
Nations" (1758) by Emerich de Vattel. (As a legal source "Law of
Nations" is mentioned in Article I, Section 8, #10 of the Constitution in
respect to the authority of the US Congress to enforce the law of nations, in
particular - against piracies and felonies on high seas).
According to Chapter 19, §212 of "Law of Nations", the concept "Natural born citizen" is a twofold criterion meaning that:
According to Chapter 19, §212 of "Law of Nations", the concept "Natural born citizen" is a twofold criterion meaning that:
Both parents must be the
citizens of, and the birth must take place in the
concerned country, assuming that the citizenship inherited by this child and
the loyalty are never changed ever after.
In other words, a natural born citizen means at
least a second generation citizen of the country. Vattel's own note on the
margin of his book refers to the Roman law: NEMO PLUS JURIS TRANSFERRE POTEST, QUAM IPSE HABET, meaning "No one can
give more rights than he himself has" (by Dr. A. Altec). Except for
Obama/Soetoro, the Vattel definition had been always applied, the last
precedent being the US Senate
resolution 511 in 2008 (also here and
here)
acknowledging Sen. McCain as a natural born citizen.
Another indication to the meaning of the term may be found in the Supreme Court's definition of "natural born citizen" as "all children born in a country of parents who were its citizens" (Minor v. Happersett, 88 U.S. 162, 1875).
Another indication to the meaning of the term may be found in the Supreme Court's definition of "natural born citizen" as "all children born in a country of parents who were its citizens" (Minor v. Happersett, 88 U.S. 162, 1875).
A Native Born Citizen is any person born in this country.
Ted Cruz is not a Natural born citizen because his father was only a legal citizen of Cuba at the time of Ted’s birth in Canada.
Ted Cruz is a Naturalized citizen of the United States, eligible to hold a seat in the U.S. Senate, but not eligible to hold the Oval Office.
What about Obama?
Applying the same sound legal standards to Obama just applied to Cruz, the answer is again a resounding no…
Barack Hussein Obama was born the son of a Kenyan Father who held at no time in his life, U.S. citizenship. Obama’s birthplace is still in question, as is his mother’s identity and legal status at the time of Obama’s birth.
Like Cruz, Obama may or may not be a legal “citizen” of the United States. But like Cruz, he is absolutely not a Natural Born Citizen of the United States.
Why is this important?
First, because we are either a nation which respects the rule of constitutional law or we are nothing at all.
Second, because if Ted Cruz or any other ineligible candidate becomes the GOP nominee for 2016, it will divide the pro-American vote between those who know and care about the constitution and those who do not.
The surest way to see another Democrat seize the Oval Office in 2016 is to run a blatantly unconstitutional candidate for the GOP. Only lying cheating Democrats can get away with that.
What about John McCain? John McCain was born on August 29, 1936, at Coco Solo Naval Air Station in the Panama Canal Zone. It is my understanding that the Supreme Court has ruled that if the parents are American citizens and the birth occurs on an American Military installation that is the same as a birth on American soil. Both of my children were born at Ramey Air Force in Puerto Rico, and they are Natural born Citizens.
Marco Rubio
Rubio was born in Miami, Florida, the second son and third child of Mario Rubio and Oria Garcia. His parents were Cubans who had immigrated to the United States in 1956 and were naturalized as U.S. citizens in 1975.
That makes him a native born citizen, but like Cruz and Obama, he is not a Natural born citizen.
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