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

September 18, 2010

Is Being a Born Citizen of the United States Sufficient to be President? The Founders and Framers Emphatically Decided It Was Not!

Is Being a Born Citizen of the United States Sufficient to be President of the United States and Commander in Chief of Our Military? The Founders and Framers Emphatically Decided It Was Not!
By: CDR Charles F. Kerchner, Jr., (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
17 September 2010 – Constitution Day

During the process of writing the U.S. Constitution Alexander Hamilton submitted a proposal for the qualification requirements in Article II as to the necessary Citizenship status for the office of President and Commander in Chief of the Military.

Alexander Hamilton’s suggested presidential eligibility clause as presented in the first draft of the U.S. Constitution submitted on June 18, 1787:

No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States.

Many of the founders and framers had a fear of foreign influence on the person who would in the future be President of the United States since this particular office was singularly and uniquely powerful under the proposed new Constitution. He was also the Commander in Chief of the military. This fear of foreign influence on a future President was particularly strongly felt by John Jay, who later became the first Chief Justice of the U.S. Supreme Court. He felt so strongly about the issue of potential foreign influence that upon reading the proposed language put forward by Hamilton that he took it upon himself to draft a letter to General George Washington, the presiding officer of the Constitutional Convention, recommending/hinting that the framers should strengthen the Citizenship requirements. John Jay was an avid reader and proponent of natural law and particularly Vattel’s codification of natural law and the Law of Nations. In his letter to Washington he said that the Citizenship requirement for the office of the President should be a “strong check” against foreign influence and he recommended to Washington that the Presidency be open only to a “natural born Citizen”, not just simply a “born Citizen” as Hamilton had proposed. See a transcription of Jay’s letter to Washington dated 25 Jul 1787 at this link.

The below is the relevant proposed change language from Jay’s letter which he proposed to strengthen what Hamilton had proposed for Article II and to require more than just being a “born Citizen” of the United States to serve as a future Commander in Chief and President.

John Jay subsequently wrote in a letter to George Washington dated 25 Jul 1787:

“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen. “

This letter from Jay was written on July 25, 1787. It is historically in direct response to Alexander Hamilton’s suggested Presidential qualification requirements appearing in the first draft of the Constitution wherein Hamilton – five weeks earlier on June 18, 1787 – which required one only be “born a Citizen of the United States”. General Washington passed on the recommendation from Jay to the convention and it was adopted in the next draft and was accepted adding the adjective “natural” making it “natural born Citizen of the United States” for future Presidents and Commanders in Chief of the military. Thus Article II, Section 1, Clause 5 of the U.S. Constitution, the fundamental law of our nation reads:

Article II, Section 1, Clause 5 of U.S. Constitution as adopted 17 Sep 1787:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

There you have the crux of the issue now before the nation and the answer.

Hamilton’s original drafted presidential citizenship eligibility requirement was that a Citizen simply had to be a born Citizen of the USA, i.e., a Citizen by Birth. But that status was rejected by the framers. Instead of allowing any person “born a citizen” to be President, the framers chose to adopt the more stringent requirement recommended by John Jay to block any chance of the person with foreign allegiances or claims on their allegiance at birth from becoming President and Commander of the Military. No person having any foreign influence or claim of allegiance on them at birth could serve as a future President. The person must be a “natural born citizen” with unity of citizenship and sole allegiance to the United States at birth.

Jay recommended the additional adjective be added before “born Citizen” that was proposed by Hamilton. And that word and adjective “natural” means something special from the laws of nature that modifies just being born a Citizen of the USA such as being simply born on the soil of the United States. Natural means from nature by the facts of nature of one’s birth. Not created retroactively after the fact by a man-made law. A natural born Citizen needs no man-made law to bestow Citizenship on them. The added adjective “natural” comes from Natural Law which is recognized the world over as universal law and which is the foundation of the Law of Nations which was codified by Vattel in 1758 in his preeminent legal treatise used by the founders, The Law of Nations or Principles of Natural Law. In Vol.1 Chapter 19 of Vattel’s Law of Nations, the “Des citoyens et naturels“, Vattel in Section 212 explains to us (as it was translated to English in the 1797 edition) that the “natural born Citizens” are those born in the country to parents (plural) who are Citizens of the country when their child is born. These are the natural Citizens of the nation per universal principles of natural law for which no man-made law is necessary to explain or justify. Such a person, a natural born Citizen, is born with unity of Citizenship and sole allegiance at birth due to having been both born on the soil AND being born to two Citizen parents. The person who would be President must be a second generation American with no foreign claims of allegiance on them at birth under the law of nations and natural law, the child of two Citizens and born in the USA. This is a much stronger check to foreign influence than simply being born a Citizen say on the soil of the USA but with one or the other parent being a foreigner, such as is the case of Obama. The situation with Obama’s birth Citizenship status is exactly the problem that the founders and framers did not want. They did not want the child of a foreign, non-U.S. citizen serving as President and Commander of our military. This was a national security concern to them. And it is a national security concern now.

Another founder of our nation and great historian of the American Revolution named David Ramsay contemporaneously defined in a 1789 essay what the term “natural born Citizen” means. Read a copy of Ramsay’s original dissertation at this link. Other research papers from history on the term “natural born Citizen” published long before the current controversy was created by the 2008 election debacle can be read at this link. The paper by Breckenridge Long in 1916 is a particularly good one.

Barack Hussein Obama II may or may not be a born Citizen of the USA depending on what the 1961 contemporaneous birth registration documents sealed in Hawaii reveal. And Americans have good reason to be greatly concerned about the truth as to where he was physically born as opposed to where his birth may have been falsely registered by his maternal grandmother as occurring in Hawaii as this Catalog of Evidence details. But he can never be a “natural born Citizen of the United States” since his father was a foreigner, a British Subject who was never a U.S. Citizen and was not even an immigrant to the USA. Since his father was a British Subject and not a U.S. Citizen when Obama was born, Obama was born a British Subject. The founders and framers are probably rolling over in their graves knowing this person was sworn in as the putative President and Commander of our military.

The founders rejected acquisition of Citizenship by birth on the soil without consideration as to who were the parents. That is clear from the history and evolution of the writing the eligibility clause in Article II, Section 1, Clause 5, which specifies who can be President and Commander in Chief of the military.

So, can a “born Citizen” be President of the USA? The answer is a resounding NO per the founders and framers. Being a “born Citizen the United States” is a necessary but NOT sufficient part of being a “natural born Citizen of the United States”. But only a “natural born Citizen” can be the President of the USA. Obama is not constitutionally eligible (to constitutional standards) to serve as President and Commander in Chief of the military.

CDR Charles F. Kerchner, Jr., (Ret)
Lead Plaintiff, Kerchner et al v Obama & Congress et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

P.S. Here is a chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.
P.P.S. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.

September 15, 2010

Atty Mario Apuzzo & CDR Charles Kerchner on Conservative Monster Radio Show, hosted by Steve Cooper, Blog Talk Radio, Wed 15 Sep 2010 9 PM EST

Atty Mario Apuzzo & CDR Charles Kerchner on the Conservative Monster Radio Show, hosted by Steve Cooper, Blog Talk Radio, Wed 15 Sep 2010 9 PM EST.

Here is the link to the radio show to listen to it in PodCast:
http://www.blogtalkradio.com/cnin/2010/09/16/interview-with-commander-kerchner-attorney-mario-a

CDR Charles Kerchner (Ret)
Lead Plaintiff, Kerchner et al vs Obama & Congress et al
To help support the cause see:
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

P.S. A special request from CDR Kerchner:

Also, please cast your votes to Help the Cause to get the word out:

1st: Vote for the show topic for the Judge Andrew Napolitano “Freedom Watch” TV show to be a discussion of the legal term of art, “natural born Citizenship”. Please add your vote (in addition to making a comment if desired) for this new TV Show topic suggested by JTX at the Judge Andrew Napolitano “Freedom Watch” TV show suggestion forum. Go to this link and click on the VOTE button and cast 3 of your 10 votes for the show topic to be “natural born Citizenship”. Don’t just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16625-freedom-watch-show-ideas/suggestions/969299-natural-born-citizen-meaning-in-natural-law-s?ref=title

2nd: Vote for Mario to be a guest on Judge Andrew Napolitano’s Freedom Watch TV show: Please add your vote here (in addition to making a comment if desired) to get Attorney Mario Apuzzo on the air with the Judge Andrew Napolitano to discuss this issue. Go to this link and click on the VOTE button and cast 3 of your 10 votes for Mario Apuzzo. Don’t just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16626-freedom-watch-guest-suggestions/suggestions/268573-mario-apuzzo-esq-

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
####

September 13, 2010

New Ad – Obama Ineligible! I Tried and Lied But It Won’t Go Away! Washington Times National Weekly – 13 Sep 2010 Issue – Pg 15

New Ad – Obama Ineligible! I Tried and Lied But It Won’t Go Away! Washington Times National Weekly – 13 Sep 2010 Issue – Pg 15.

Obama: I was born a British Subject. I am NOT a “natural born Citizen” to constitutional standards. I have never conclusively proved I was born in Hawaii. My paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say I was born in Kenya. My maternal grandmother likely falsely and illegally registered me as born in Hawaii to get me, her new foreign-born grandson, U.S. Citizenship.

Link to read and download new ad:
http://www.scribd.com/Ineligible-I-tried-and-lied-but-it-won-t-go-away-Wash-Times-Natl-Wkly-2010-09-13-pg-15/d/37349407

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.

http://history.nd.gov/exhibits/governors/governors19.html

————————————————————————————–

A request from CDR Kerchner:

Also, please cast your votes to Help the Cause to get the word out:

1st: Vote for the show topic for the Judge Andrew Napolitano “Freedom Watch” TV show to be a discussion of the legal term of art, “natural born Citizenship”. Please add your vote (in addition to making a comment if desired) for this new TV Show topic suggested by JTX at the Judge Andrew Napolitano “Freedom Watch” TV show suggestion forum. Go to this link and click on the VOTE button and cast 3 of your 10 votes for the show topic to be “natural born Citizenship”. Don’t just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16625-freedom-watch-show-ideas/suggestions/969299-natural-born-citizen-meaning-in-natural-law-s?ref=title

2nd: Vote for Mario to be a guest on Judge Andrew Napolitano’s Freedom Watch TV show: Please add your vote here (in addition to making a comment if desired) to get Attorney Mario Apuzzo on the air with the Judge Andrew Napolitano to discuss this issue. Go to this link and click on the VOTE button and cast 3 of your 10 votes for Mario Apuzzo. Don’t just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16626-freedom-watch-guest-suggestions/suggestions/268573-mario-apuzzo-esq-

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
####

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