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Barack Obama Is Ineligible to be President, For He Is Neither a “Natural Born Citizen” Nor a “Citizen of the United States, at the time of the Adoption of this Constitution”
Natural Born Citizen - A Place to Ask Questions and Get the Right Answers
Mario Apuzzo, Esq.
10/28/2012
Excerpt:
We have been debating for over four years whether now presidential candidate Barack Obama is an Article II “natural born Citizen.” Just what is a “natural born Citizen?” Why should we require that he be a “natural born Citizen?” Here I will demonstrate that the Founders and Framers, for the preservation and survival of the constitutional republic as conceived under republican principles, demanded that future presidents be “natural born Citizens” and that Obama, even if he was born in Hawaii, is not a “natural born Citizen.” This means that he is not constitutionally eligible to be President and Commander in Chief of the Military.
In Part I, I will discuss the rules of constitutional interpretation and construction. In Part II, I will analyze the text of the Constitution and specifically the “natural born Citizen” clause. In Part III, we will explore the Founders’ and Framers’ purpose for requiring that future presidents be “natural born Citizens.” Part IV will include a discussion of both English and American “common-law,” with a presentation on the critical differences between the two as they relate to how the Founders and Framers defined a “natural born Citizen” under the law of nations which was incorporated into the laws of the United States as national American common law. In Part V, I will discuss the early naturalization acts and how they reveal how the Founders and Framers defined a “natural born Citizen.” I will discuss the Civil Rights Act of 1866 in Part VI and the Fourteenth Amendment in Part VII, showing how the amendment does not define a “natural born Citizen,” but rather a “citizen of the United States.” In Part VIII, I will explain the importance of Minor v. Happersett and show how it confirmed the American common law definition of a “natural born Citizen” which is a child born in a country to parents who were “citizens” of the country when the child was born. In Part IX, I will show how U.S. v. Wong Kim Ark only defined a “citizen of the United States” from the moment of birth under the Fourteenth Amendment and that it did not change the American common law definition of a “natural born Citizen.” In Part X, I will show why two U.S. “citizen” parents are needed to have a “natural born Citizen.” Finally, I will present my conclusion in Part XI which is that the plain text of Article II, Section 1, Clause 5 shows that the only person that is eligible to be President is a “natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution.” This means that today a "citizen of the United States" is not eligible to be President and only a "natural born Citizen" is. If Obama were born in Hawaii in 1961 as he claims, being born to a non-U.S. “citizen” father, he would not be an Article II “natural born Citizen,” but he would be a "citizen of the United States" as of 1961 under the Fourteenth Amendment. Since Obama is neither a “natural born Citizen” nor a “Citizen of the United States, at the time of the Adoption of this Constitution,” his is not eligible to be President and Commander in Chief of the Military.
I. RULES OF INTERPRETATION AND CONSTRUCTION
In interpreting what “natural born Citizen” means, we should be reminded of what Thomas Jefferson said: "On every question of construction [of the Constitution] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or intended against it, conform to the probable one in which it was passed." Thomas Jefferson, in his letter to William Johnson, dated June 12, 1823 from Monticello. "It is never to be forgotten that in the construction of the language of the Constitution here relied on, as indeed in all other instances where construction becomes necessary, we are to place ourselves as nearly as possible in the condition of the men who framed that instrument." Ex Parte Bain, 121 U.S. 1, 12 (1887), http://supreme.justia.com/us/121/1/case.html . "[T]he enlightened patriots who framed our Constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said." Gibbons v. Ogden, 22 U. S. 1, 188 (1824). http://supreme.justia.com/us/22/1/case.html . There are also some rules that our U.S. Supreme Court has established to accomplish the task.
..........................................
View the complete article at:
http://puzo1.blogspot.com/2012/10/ba...ble-to-be.html
Natural Born Citizen - A Place to Ask Questions and Get the Right Answers
Mario Apuzzo, Esq.
10/28/2012
Excerpt:
We have been debating for over four years whether now presidential candidate Barack Obama is an Article II “natural born Citizen.” Just what is a “natural born Citizen?” Why should we require that he be a “natural born Citizen?” Here I will demonstrate that the Founders and Framers, for the preservation and survival of the constitutional republic as conceived under republican principles, demanded that future presidents be “natural born Citizens” and that Obama, even if he was born in Hawaii, is not a “natural born Citizen.” This means that he is not constitutionally eligible to be President and Commander in Chief of the Military.
In Part I, I will discuss the rules of constitutional interpretation and construction. In Part II, I will analyze the text of the Constitution and specifically the “natural born Citizen” clause. In Part III, we will explore the Founders’ and Framers’ purpose for requiring that future presidents be “natural born Citizens.” Part IV will include a discussion of both English and American “common-law,” with a presentation on the critical differences between the two as they relate to how the Founders and Framers defined a “natural born Citizen” under the law of nations which was incorporated into the laws of the United States as national American common law. In Part V, I will discuss the early naturalization acts and how they reveal how the Founders and Framers defined a “natural born Citizen.” I will discuss the Civil Rights Act of 1866 in Part VI and the Fourteenth Amendment in Part VII, showing how the amendment does not define a “natural born Citizen,” but rather a “citizen of the United States.” In Part VIII, I will explain the importance of Minor v. Happersett and show how it confirmed the American common law definition of a “natural born Citizen” which is a child born in a country to parents who were “citizens” of the country when the child was born. In Part IX, I will show how U.S. v. Wong Kim Ark only defined a “citizen of the United States” from the moment of birth under the Fourteenth Amendment and that it did not change the American common law definition of a “natural born Citizen.” In Part X, I will show why two U.S. “citizen” parents are needed to have a “natural born Citizen.” Finally, I will present my conclusion in Part XI which is that the plain text of Article II, Section 1, Clause 5 shows that the only person that is eligible to be President is a “natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution.” This means that today a "citizen of the United States" is not eligible to be President and only a "natural born Citizen" is. If Obama were born in Hawaii in 1961 as he claims, being born to a non-U.S. “citizen” father, he would not be an Article II “natural born Citizen,” but he would be a "citizen of the United States" as of 1961 under the Fourteenth Amendment. Since Obama is neither a “natural born Citizen” nor a “Citizen of the United States, at the time of the Adoption of this Constitution,” his is not eligible to be President and Commander in Chief of the Military.
I. RULES OF INTERPRETATION AND CONSTRUCTION
In interpreting what “natural born Citizen” means, we should be reminded of what Thomas Jefferson said: "On every question of construction [of the Constitution] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or intended against it, conform to the probable one in which it was passed." Thomas Jefferson, in his letter to William Johnson, dated June 12, 1823 from Monticello. "It is never to be forgotten that in the construction of the language of the Constitution here relied on, as indeed in all other instances where construction becomes necessary, we are to place ourselves as nearly as possible in the condition of the men who framed that instrument." Ex Parte Bain, 121 U.S. 1, 12 (1887), http://supreme.justia.com/us/121/1/case.html . "[T]he enlightened patriots who framed our Constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said." Gibbons v. Ogden, 22 U. S. 1, 188 (1824). http://supreme.justia.com/us/22/1/case.html . There are also some rules that our U.S. Supreme Court has established to accomplish the task.
..........................................
View the complete article at:
http://puzo1.blogspot.com/2012/10/ba...ble-to-be.html