The Three Legged Stool Test & Analogy for Natural born
Citizenship of the United States to Constitutional Standards
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Click on image for more information about the legal term
of art — natural born Citizen of the United States |
A “
natural born Citizen” of the United States is a child born in the USA of two (2) U.S. Citizens. The parents can be Citizens by Birth or they can be Citizens by Naturalization after immigrating to the USA. But to create a “natural born Citizen” of the United States both parents must be Citizens at the time the child is born in the USA. See this legal reference book used by the
founders and framers of our Constitution:
Law of Nations or Principles of Natural Law, Vol.1 Chapter 19 Section 212, Emer de Vattel, 1758-1797. The
overwhelming majority (probably 85%+) of citizens in the United States are natural born Citizens. This clause was added for future presidents as a national security clause. It is from the group of natural born Citizens that our founders prescribed in the presidential eligibility clause in Clause 5, Section 1 of Article II of the U.S. Constitution that we shall choose a President and Commander in Chief of our military as a
strong check against foreign influence via birth allegiances on the person in that singular and most powerful office. One needs all three citizenship legs to be a natural born Citizen and have sole allegiance and claim on you at birth to one and only one country — the United States: 1. Born in the USA. 2. Father must be a U.S. Citizen (born or naturalized). 3. Mother must be U.S. Citizen (born or naturalized). Like a three legged stool if you take away any of these
three citizenship legs of the Article II constitutional intent and requirement to being a natural born Citizen, i.e., being born with
unity of citizenship in and sole allegiance to the USA, the child is born with more than one country’s citizenship and claim of allegiance/citizenship on them at their birth and thus they are NOT a natural born Citizen of the United States. And as in the analogy of a stool designed to stand on three legs and it is missing a leg, it falls down, likewise the person’s claim to natural born Citizenship fails if the person does not have all three citizenship legs required to be a natural born Citizen at the time of their birth. See the below Venn Diagram which logically and graphically shows how a natural born Citizen has the intersection and unity of all three Citizenship statuses at birth. Read this essay “
Of Trees and Plants” on basic logic which explains that being simply a “Citizen at Birth (CAB)” does not necessarily make oneself a “natural born Citizen (NBC)” at Birth. Natural born Citizens are overwhelmingly the largest subset of all American citizens. The location of birth being in the U.S. to a U.S. father and U.S. mother … all being U.S. Citizens at the time of birth is the only way one achieves natural born Citizenship status. Natural born Citizenship is gained by the laws of nature not by any man-made law or statute or even a constitutional amendment granting that status. Natural born Citizens need no act of man for their Citizenship was created by nature and nature’s Creator. Natural born Citizens of the United States have sole allegiance to one and only one country at birth … the United States. No foreign power or country can claim their allegiance under U.S. law or the Law of Nations. Over 85% of American citizens fit that requirement, i.e., born in the USA of two U.S. Citizen (born or naturalized) parents.
Natural born citizens are the 3 Leaf Clovers of the American citizens, Not the 4 Leaf Clovers. It is from those 85% of American citizens that our founders and framers directed us via Article II, Section 1 of the U.S. Constitution that we shall choose our President and Commander-in-Chief, not a dual-citizen son of a foreign national and British Subject father who was never even an immigrant to this country, and said child being born a British subject himself via his foreign national father, as is the case with Obama’s birth status.
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Click image for more information on the
constitutional legal term of art “natural born Citizen” |
More historical and legal papers and analysis on the true constitutional meaning and intent of the founders and framers of the presidential eligibility clause, natural born Citizen, in our U.S. Constitution can be found at this link:
http://www.scribd.com/collections/3301209CDR Charles Kerchner, P.E. (Retired)Lehigh Valley PA USAhttp://www.protectourliberty.orghttp://www.scribd.com/protectourliberty/collectionshttp://cdrkerchner.wordpress.comP.S. Also read this essay regarding the legal term of art “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. Natural born Citizens are a subset of “born Citizens (citizens at birth)” but not all “born Citizens (citizens at birth)” are “natural born Citizens”: http://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ … AND … http://www.art2superpac.com/issues.html Source
There is no "three-legged stool" test. The meaning of Natural Born Citizen simply comes from the common law (not from Vattel, whose French word "indignes" was not even translated as "Natural Born Citizen" in any English-language book until TEN YEARS after the US Constitution was approved, and who was not mentioned in the Federalist Papers at all---while the common law was mentioned about twenty times, and always with praise).
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
“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 on OCTOBER 5, 2004)--Senator Orrin G. Hatch (R-UT).
“Under the longstanding English common-law principle of jus soli, persons born within the territory of the sovereign (other than children of enemy aliens or foreign diplomats) are citizens from birth. Thus, those persons born within the United States are "natural born citizens" and eligible to be President. Much less certain, however, is whether children born abroad of United States citizens are "natural born citizens" eligible to serve as President ..."---- Edwin Meese, et al, THE HERITAGE GUIDE TO THE CONSTITUTION (2005) [Edwin Meese was Ronald Reagan’s attorney general, and the Heritage Foundation is a well-known Conservative organization.]
That is why Obama was confirmed unanimously by the US Congress, twice (with even Ron Paul and Michelle Bachmann voting for him twice), and that is why birthers were not able to convince even one of the 365 Electors from the US Electoral College that he won in the general election in 2008 to change their votes to vote against him, and that is why birthers were not able to convince even one of the 332 electors that Obama won in the general election of 2012 to change their vote to vote against him. And that is why Obama was sworn in by the Chief Justice of the USA, and that is why the US Supreme Court has turned down every single birther appeal, and it is why birthers lost all 10 of the eligibility cases on the issue of Natural Born Citizen status---every single one of them ruled, as Meese and Hatch had suggested. And not one single court has ever ruled that two citizen parents are required in order to be a Natural Born Citizen, not even the Minor v. Happersett case (which did NOT rule what birthers think.)
More reading on the subject:
ReplyDeletehttp://www.fredthompsonsamerica.com/2012/07/31/is-rubio-eligible/
http://www.economist.com/blogs/democracyinamerica/2012/02/birtherism-2012
http://www.obamabirthbook.com/http:/www.obamabirthbook.com/2012/04/vattel-and-natural-born-citizen/
http://en.wikipedia.org/wiki/Natural-born-citizen_clause_of_the_U.S._Constitution
http://tesibria.typepad.com/whats_your_evidence/scotus-natural-born-citizen-a-compendium.html