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The Constitution, the Rule of Law, and the “Natural Born Citizen” Clause -- M. Apuzzo

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  • The Constitution, the Rule of Law, and the “Natural Born Citizen” Clause -- M. Apuzzo

    The Constitution, the Rule of Law, and the “Natural Born Citizen” Clause: A Response to Artsy Fartsy Squeeky Fromm Girl Reporter

    Natural Born Citizen - A Place to Ask Questions and Get the Right Answers

    Mario Apuzzo, Esq.
    7/19/2013

    Excerpt:

    Artsy Fartsy Squeeky Fromm Girl Reporter (“Squeeky Fromm”) continues in vain to try to persuade the public that she has refuted my position that an Article II “natural born Citizen” is a child born in the country to parents who were its “citizens” at the time of the child’s birth.

    I.


    Squeeky Fromm has taken a stab at my Jack Maskell article, The Fallacies of Congressional Legislative Attorney Jack Maskell’s Definition of a “Natural Born Citizen,” accessed at http://puzo1.blogspot.com/2013/06/th...ressional.html . You can read her response here. http://birtherthinktank.wordpress.co...i-say-a-pazzo/

    She says that I have misread Minor v. Happersett, 88 U.S. 162 (1875), because the Court said that “new citizens may be born or they may be created by naturalization.” I say, so what in light of the fact that the Court also said: “At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners.” Id. at 167-68. Hence, the Court said that at common law, if one was not born in the country to citizen parents, one was an “alien or foreigner.” This is the same exact treatment that Congress gave to children born in the United States to alien parents in its Naturalization Acts of 1790, 1795, 1802, and 1855. In these acts, Congress treated children born in the United States to alien parents as alien born and in need of naturalization. So Squeeky Fromm has proven nothing other than to show that she does not understand what she reads.

    Then Squeeky Fromm turns to my logical analysis of the Maskell fallacious argument. In the first part of her attempt at logic, it is quite clear that she has totally missed my point about Maskell’s first argument being invalid. I showed that Maskell’s first argument as having this invalid logical form (“natural born Citizen”=NBC; “citizen at birth”=CAB):

    All NBCs are CABs.
    All X’s are CABs.
    Therefore, all X’s are NBC.

    To show the invalidity of this argument, I wrote:

    All poodles are dogs.
    Bubbles is a dog.
    Therefore, Bubbles is a poodle.

    Squeeky Fromm says that this argument is not valid and faults me for presenting it. She misstates my presentation, even attempting to prove me wrong by showing through some other irrelevant logical argument why this argument is not valid. I said that this is the argument presented by Maskell. But I said that this is Maskell’s argument and that it is not valid because it violates the rule of the undistributed middle and is also fallacious for affirming the consequent. So, what is ironic is that Squeeky Fromm attacks me, in her twisted and incorrect way, for the argument when what she is really doing is attacking Jack Maskell.

    Then Squeeky Fromm takes a shot at the second part of my analysis of the Maskell argument. I recast his argument as follows to make the argument valid:

    All CAB’s are NBCs.
    All X’s are CAB’s.
    Therefore, all X’s are NBCs.

    In my article, I explained that I took Maskell’s invalid argument (above) and made it valid through this logical form. I did this to show where Maskell’s informal fallacy is hidden. I showed how this argument is logically valid, but unsound because its major premise, All CAB’s are NBCs, is false. I explained that Maskell has not presented any evidence to prove the truth of this major premise. I presented U.S. Supreme Court case law which addressed the meaning of a “natural-born citizen” and this case law does not support Maskell’s thesis that all “citizens at birth” are “natural-born citizens.” See below for a summary of these cases. And even though Squeeky Fromm comes to Maskell’s aid, she also does not present any evidence to show that Maskell’s major premise, as reconstructed by me, would be true. What she does in place of presenting any evidence that the major premise is true is just to say that the premise does not strike her “as being facially incorrect, invalid, or untrue.” From this statement we can see that Squeeky Fromm has very little understanding of informal logic and fallacies. An informal fallacy has the exact facial appeal that she relies upon. But when its underlying truth is tested, it fails.

    I have demonstrated how Maskell has not proven that his major premise is true. I have also presented evidence that shows that his major premise is false. I have therefore unmasked the informal fallacy of the Maskell major premise, i.e., that all “citizens at birth” are “natural born Citizens.” Yet, Squeeky Fromm says that I have proven nothing. On the contrary, she is the one who just says a lot of mixed up nothing, demonstrates how incapable she is of understanding case law, and proves how ignorant she is when it comes to logic.

    ....................................

    View the complete post at:

    http://puzo1.blogspot.com/2013/07/th...f-law-and.html
    B. Steadman
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