http://www.weofthepeople.com/Natural-Born-Citizen.php
Barack Obama’s birth has been the subject of some controversy since the election campaign, given the Constitution’s requirement that the president be a “natural born citizen".
What is a Natural Born Citizen of the U.S.?
Synopsis
by John Greschak
john@greschak.com
In the essay titled What is a Natural Born Citizen of the United States?, I have put forward an interpretation and definition of the phrase natural born Citizen as it is used in the United States Constitution. To that end, I have used the original manuscript of a letter from John Jay to George Washington, along with a draft for that letter, and two essays written by Jay, to deduce both intent and meaning.
I have put forward the following intent of the United States constitutional requirement that the President of the United States be a natural born Citizen of the United States:
Intent. The intent of the United States constitutional requirement that the President of the United States be a natural born Citizen of the United States is: (1) to reduce the likelihood that a President of the United States would have a former, or present, attachment to a foreign country (because such an attachment could influence one to make decisions that would not promote the interests of the United States); and (2) to increase the likelihood that the interests of any President of the United States will coincide with those of the United States.
I have considered the implications of the fact that Jay wrote (in his letter to Washington) "natural born Citizen" with no hyphen and the word born underlined as shown here:
I have examined Merriam-Webster's Dictionary and Noah Webster's An American Dictionary of the English Language (published in 1828) in an attempt to establish the most likely meanings of the words natural, born and Citizen in this context. Here, I believe born means "from birth", natural means "having a normal or usual character" and Citizen means "a person domiciled in the United States, for whom rights, privileges and immunities are set forth in the United States Constitution." I have carefully considered the synonym study for the words regular, normal, typical and natural, which states that these words "mean being of the sort or kind that is expected as usual, ordinary, or average" and "Natural applies to what conforms to a thing's essential nature, function, or mode of being
Interpretation. The natural born Citizens of the United States are the born Citizens (of the United States) of the particular expectable kind that is considered by the United States as belonging to the United States to a maximal degree, where here expectations are in accord with the essential nature of the United States.
Of the factors that have been used in the United States to determine the degree to which one belongs to the United States, I have found the following six factors for which there is a basis in the United States Constitution:
Factors employed (explicitly or implicitly) in the United States Constitution to gauge the degree to which one belongs to the United States:
1.Whether or not one was born in the United States.
2.Whether or not one is subject to the jurisdiction of the United States.
3.The number of years one has been a Citizen of the United States.
4.Whether or not one's place of domicile is in the United States.
5.The total number of years one has lived in the United States.
6.Whether or not one is a member of a specified category of Citizens.
From this interpretation and these factors, I have established the following necessary and sufficient conditions for one to be a natural born Citizen of the United States:
Necessary and Sufficient Conditions. A given person is a natural born Citizen of the United States if and only if:
1.The person was born in the United States,
2.Both parents of the person were Citizens of the United States when that person was born, and
3.The person has been a Citizen of the United States, since birth.
(Note: Here, and in the United States Constitution, the phrase Citizen of the United States means a person domiciled in the United States, for whom rights, privileges and immunities are set forth in the United States Constitution.)
I have put forward the following definition of the phrases Citizen of the United States, native born Citizen of the United States, natural born Citizen of the United States, and naturalized Citizen of the United States:
Definition. A Citizen of the United States is a person domiciled in the United States, for whom rights, privileges and immunities are set forth in the United States Constitution. A native born Citizen of the United States is a person who was born in the United States, and has been, since birth, a Citizen of the United States. A natural born Citizen of the United States is a native born Citizen of the United States, born exclusively of Citizens of the United States. A naturalized Citizen of the United States is a Citizen of the United States who is not a natural born Citizen of the United States.
Finally, I have put forward the idea that this definition be added to the United States Constitution in the form of the following Natural Born Citizen Amendment:
Proposed Natural Born Citizen Amendment to the United States Constitution.
No person shall be a Citizen of the United States who is not domiciled, either by choice or dependency, in the United States. A native born Citizen of the United States is a person who was born in the United States, and has been, since birth, a Citizen of the United States. A natural born Citizen of the United States is a native born Citizen of the United States, born exclusively of Citizens of the United States. A naturalized Citizen of the United States is a Citizen of the United States who is not a natural born Citizen of the United States. ~ John Greschak
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What is a Natural Born Citizen
The founders, in the writing of the Constitution, were clear with their intent to separate the parentage and allegiance of any citizen who would serve the office of President Of The United States Of America.
History is all telling of their reason for this contingency, as a protector of their hard won freedom and liberty heir to decedents.
This clear and embolden standard of not only the birth place to be on American soil; but also the sole allegiance to and citizenry of America by both birth parents is not to be over looked.
Both parents of any President of the United States shall be American citizens with no other allegiance. This fact is reality and proof in the Constitution.
No "Race Baited Birther" tripe. There is pride in knowing we live in a country where Americans have proven race neutrality in the political arena repeatedly; since black republicans Rhodes Revels served as a U.S. Republican Senator form 1870 - 1871 and Blanche Bruce Hiram from 1875-1881.
There is shame is observing the ongoing cloaking of presidential history, to what end. Would a presidential library honoring Barack Obama reflect only the charismatic and highly emotional digitalized rhetoric that swept the nation with no light of whom the man is and how he came to stand above all others in America?
The Constitution is the law of this land and protector of your freedom by restricting what the government can do to you. There are a few who cry with all insistence and at every opportunity that the Constitution is a document they should change to suit their will. But, what is their will? They wish to change the Constitution that afford Americans as freemen and has from it's birth. The same document that has protected these same few, their freedom and liberty to be able to publicly challenge it's existence. Would this change of the Constitution be "Change we could believe in" too?
There are a few attorneys who will voice, to close friends, the truth of case law, as it dilutes the fire of the Constitution to suit a will or need. This sharing comes almost as a confession after a lifelong successful law practice; to the one person who would never divulge their identity; soiling a sterling reputation. Don't misunderstand me here; none of the barristers I call friend would ever damage their carrier potential or practice by publicly proclaiming the political whoring in the practice of case law with a wink and a nod and political fundraising and campaign contributions to the right candidate. But what damage over the years, to the law of the land - The Constitution, have they knowingly and unknowingly participated in?
Case Law, while far from perfect is still the best the world offers a citizen, is the fluid ever changing law in practice based on opinion upon opinion upon opinion; thus diluting the fire of the Constitutional law root. There, comes the real threat to our Constitution as Law. Just as a spoiled child will demand more and expect their will bent to; Case law uses a history of law opinions some good and some questionable to offer judgment upon the citizen's issue. Depending on the case law opinions that are presented for consideration; two citizens of the same issue may be rendered very different judgment. In our taste for and spoiled child expectations of, getting things done to our will; the application of law has become interpretive and to a degree dependant on the political persuasion at the core of decision.
The Constitution, clear with intent to separate the parentage and allegiance of any citizen who would serve the office of President, serves to protect the citizen and preserve Constitutional Law. If there ever could ascend a citizen to serve the office of the President of the United States of America who did not meet the birthright of "natural born citizen", there would exist the real potential for the office powers and influence to initiate changes in the Constitutional Law that protects the citizen from an oppressive government and secures your freedom and liberty.
The Office Of President bears entrusted rights and privilege unique. Protecting the Constitution and your safety and freedom of is paramount. Thus, the selection of a Supreme Court Justice is the lifeline of the Constitution to serve equal and just law for the people. While the Supreme Court Justice collective offers a balance in duty; the replacement of an aging bench with extreme left liberals, socialist sympathizing or those who envy the political hand of Justices to the final word of law and justice could not only dilute the fire of Constitutional Law; it could extinguish the light of liberty and freedom as we have know it.
Our Founding Fathers, understanding this threat, narrowed the field of those who could serve The Office Of President to only those who would have no misplaced sense of belonging to misplaced allegiance, by their birth, to any another interest other than the United States of America.
With the clarity of the Constitution, why is there still concern about the legitimacy of any citizen to serve The Office Of The President? Simply put, the answer is "Change".
With the calming of the highly emotional and charismatic wave, the people have watched the "Change" with wide eyed amazement, as monumental legislation was passed clearly against the will of the people and clearly outside of Constitutional law that protects the people, No matter how many times Congress has made practice of this travesty. Political whores strolled the camera spotlight unashamed of the tarnish on their armor. There defenders of the people, now deal making, perk seeking and deaf eared to the voice of the people.
What the people heard for their government was "Shut up citizen and pay my bills, while I tax and regulate my will and separate myself as being above the common citizen and entitled to special privilege.
Why have none, who are in a position to correct an injustice to the people, not stood as statesmen in defense of the Constitution they swore to uphold and the citizens they serve?
Could self preservation be out weighing the importance of Constitutional Law to those who held their certification of assurance in the face of the people knowing they could unfold the race card to silence nay sawyers?
The founding fathers have protected our freedom for almost 223 years with the Constitution. Will citizens now insist that their Congress protect the Constitution?
When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdom's dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.'s children:
British Nationality Act of 1948 (Part II, Section 5): Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth.
In other words, at the time of his birth, Barack Obama Jr. was both a U.S. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC. Not a natural born citizen.
~ a Mom
British Nationality Act, 1948
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All US citizens who were born in the USA are Natural Born Citizens, the citizenship of the parents or the dual nationality of the child have no effect on Natural Born status.
ReplyDelete“Natural born citizen. Persons who are born within the jurisdiction of a national government, i.e. in its territorial limits, or those born of citizens temporarily residing abroad.” — Black’s Law Dictionary, Sixth Edition
That is why such prominent conservative Senators who are also lawyers as Orren Hatch and Lindsay Graham say that a Natural Born Citizen is simply one who was born in the USA:
Senator Lindsey Graham (R-SC), said:
“Every child born in the United States is a natural-born United States citizen except for the children of diplomats.” (December 11, 2008 letter to constituent)
Senator Orrin G. Hatch (R-UT), said:
“What is a natural born citizen? Clearly, someone born within the United States or one of its territories is a natural born citizen.” (Senate Judiciary Committee hearing hearing on OCTOBER 5, 2004)
TellIP;
ReplyDeleteIt shows that they do not read our consitution says not what now stated by the progessive right and left not knowing law, especially Lindsy Grahm, these people make up what they think when it is already outline in the consitution, "S" was not part of citizen for Natural Citizen status
You are wrong.
ReplyDeleteThere have been numerous federal law cases in which the judge ruled that the US-born children of a foreign parent or two foreign parents is a Natural Born Citizen.
For example:
Mustata v. US Dept. of Justice, 179 F.3d 1017 (6th Cir. 1999) (children born in US to two Romanian citizens described as “natural born citizens” of the US):
Petitioners Marian and Lenuta Mustata are citizens of Romania. At the time of their petition, they resided in Michigan with their two minor children, who are natural born citizens of the United States.
Diaz-Salazar v. INS, 700 F.2d 1156 (7th Cir. 1983) (child born in US to Mexican citizen is “natural born citizen” of US):
Petitioner, Sebastian Diaz-Salazar, entered the United States illegally [from Mexico] in 1974 and has been living and working in Chicago since that time. *** The relevant facts which have been placed before the INS, BIA, and this court can be summarized as follows: The petitioner has a wife and two children under the age of three in Chicago; the children are natural-born citizens of the United States.
Nwankpa v. Kissinger, 376 F. Supp. 122 (M.D. Ala. 1974) (child born in US to two Biafra citizens described as “natural born citizen” of the US):
The Plaintiff was a native of Biafra, now a part of the Republic of Nigeria. His wife and two older children are also natives of that country, but his third child, a daughter, is a natural-born citizen of the United States.
What makes the third child different from the other two children? She was born in the United States.
wrong read consitution
ReplyDeletewhen judges start to interpet the consitution the way it was not written were in trouble and case law is what starte this
ReplyDeleteTellerIP - RE: Your claim - - [ Nwankpa v. Kissinger, 376 F. Supp. 122 (M.D. Ala. 1974) Your statement with reference to a birthright or any birth could not be found.]
ReplyDeleteI checked your reference case. It deals with nonimmigrant exchange visitor to the US on a J-1 visa - then marries an American & asks for a time waiver as a hardship.
Truth will set you free. Here is the link http://cases.justia.com/us-court-of-appeals/F2/774/1447/10275/
ur wrong obama father was under british rule therefore not making him a citizen
ReplyDeleteyour wrong, naturlize is different than citizen and one parent has to be a u.s citizen when born overseas to anyone, except in cases of real u.s citizens overseas being born to military only. tell the black dict, which i know very well did law also there mr. know it all and u read the document wrong, were u ever in the military? Also Obama's dad was not a citizen at the time he claims since Kenya was under British rule therefore, makining him a British citizen. Beside that Bill of Rights says that if the Pres or gov do not do thier job or destroy the way this country was intended We the people have a right to remove them from thier position or have rallies to protest the way they have been handling this country the way it was intended to be handled mr, lawyer. do more reading he has harmed this country more than anyone.
ReplyDeleteyou said it all right on and truth but people cant handle that
ReplyDelete