(Musings of your humble servant at Rerum Novarum)
When this website was suspended, your host continued involvement on Facebook and from time to time wrote notes on various matters. Some of them have been published here after this website was reactivated and others have not but perhaps at some point will be. One of the subjects to which your host devoted a bunch of writing to was that of presidential eligibility back in 2012 when among the subjects treated were as follows:
On Natural Born Citizenship, Barack Obama, Marco Rubio, Etc.
On Natural Born Citizenship, the Supreme Court, Common Law, the Founders, and Birther "Champion" George D. Collins
On Birthers and Some Fundamental Problems With the Kenyan Birth Hypothesis
On Barack Obama II and His Post-Birth Citizenship Status
On the Issues of Eligibility, Birthers, Conspiracies, Various and Sundry "Posses", Methodologies of Interaction, Etc.
Dispatching With the Vattel Canard, Etc.
Some Rational Answers To A Few Additional Questions About Barack Hussein Obama II
This material was also revisited in 2016 with a reworked version of the second note's material from above:
Revisiting the Subject of Natural Born Citizenship For 2016 and Beyond
What you are about to read is the material from the first note above originally published on April 24, 2012. As in that format, all words of my interlocuters were in bold font so I will leave that unchanged in this re-visitation. Without further ado...
My God, how dense can you people be? Read a little bit before spouting off stupidity!
Whenever I see someone respond like this, I immediately become a grammar and fact-checking fiend on whatever they write.
Read Marbury v. Happerset.
There is no Marbury vs. Happerset case. There was Marbury vs. Madison. There was Minor vs. Happersett -the latter with two t's not one by the way. There is something rather amusing about those who cannot get their basic facts like this right when they are calling other folks stupid but I digress.
Read the Supreme Court's rulings on this.
I have. They do not say what you claim they do.
A Natural Born citizen is born in the United States of parents who are BOTH citizens.
This is not correct.
It is why Obama is not eligible and the same rule applies to Rubio. Being born here is not enough.
The Supreme Court does not agree with you on this.
You have to have BOTH parents as citizens too.
There is no law in this country that says that, the Founders did not understand the concept of natural born citizenship that way, and there is no Supreme Court case has ever made a ruling of that sort. Not even the oft-misunderstood Minor vs. Happersett case which was a case involving voting rights of a specific individual. The Supreme Court made it very clear in that case that they were not making a ruling on the full franchise of what constituted a natural born citizen. Or to quote from the Court itself in Minor vs. Happersett (all emphasis is mine):
Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides that
"No person except a natural-born citizen or a citizen of the United States at the time of the adoption of the Constitution shall be eligible to the office of President,and that Congress shall have power "to establish a uniform rule of naturalization." Thus, new citizens may be born or they may be created by naturalization.
The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. 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. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.
Why was it not necessary to solve the points noted above in the case of question? The reason was because Virginia Minor was asserting that she had a constitutional right to vote. The Supreme Court therefore had to resolve two questions in this case and they were (i) was Virginia Minor a citizen of the United States and (ii) did the Constitution grant her if she was a citizen of the United States the right to vote. On the first point the Court pointed out that there were different classifications of citizens who were viewed as natural born. There was one such group of which there was no doubt and that was children born to two parents who were themselves citizens. The other group the Court noted{1} was one which included as natural born citizens children born within the jurisdiction of the United States without reference to parental citizenship.
The aforementioned category did not share the same absence of all possible doubt as the first one did; however, since Virginia Minor was a child born in the United States to two citizen parents, the Court recognized that she qualified as a natural born citizen under even the most narrow of definitions and therefore saw no reason to go any further on the matter. In fact, they explicitly said they were not going to do so in the case of Minor vs. Happersett.{2}
However, in 1898 the Supreme Court did have to decide on the matter of citizenship with someone whose situation was not the same as Virginia Minor. That person was Wong Kim Ark who was born around 1873 in the United States to Chinese parents. He had as a very young man made a couple of short visits to China and upon his return from the second trip was denied entry into the country under the claim that he was not a citizen of the United States. Wong Kim Ark sued on this matter and when it got to the Supreme Court, the Court was required to take up the issue of a child born in the United States whose parents though legally in the country were not themselves either born in the United States or naturalized citizens. The name of that case was United States vs. Wong Kim Ark and the Court in its decision ruled in favour of Wong Kim Ark in 1898. Here is the essence of the decision:
A child born in the United States who has alien parents who are domiciled in the United States and not serving in a diplomatic or other official capacity acquires United States citizenship at birth by way of the Fourteenth Amendment's citizenship clause.
Now I am aware of how birther sorts will try and raise the "natural born citizen" line but as usual, they do not know what they are talking about. To cover this matter briefly, there are only two ways you can become a citizen in this country. One is being natural born and the other is being naturalized. And there are two ways a child can meet the criteria of natural born citizen (i) at birth and (ii) by birth. To touch on each of them in bulletpoint form:
- To become a natural born citizen "at birth", the child needs to be born in the United States regardless of the citizenship status of their parents as long as said parents were not diplomats or in some other official capacity in service to a foreign country. This is what is called jus soli or "right of soil" insofar as the child is born on United States soil.
- To become a natural born citizen "by birth", it happens whereby the child is born overseas or in some jurisdiction of the United States but not on US soil but of whom at least one of their parents is a United States citizen who has also met the proper residency requirements. This is what is called jus sanguinis or "right of blood."{3}
In either of the situations noted above, it involves the child being properly considered a natural born citizen according to the English legal tradition that the Founders themselves were educated in. And for those who are not familiar with it, here is how the concept was outlined by William Blackstone in his Commentaries series on the Laws of England{4} of which the Founders themselves{5} were thoroughly familiar with:
The children of aliens, born here in England, are, generally speaking, natural-born subjects, and entitled to all the privileges of such. In which the constitution of France differs from ours; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien. [Commentaries of the Laws of England (circa 1765)]
In other words, no matter where Barack Obama was born{6}, he still meets the criteria of being a natural born citizen of the United States and therefore is not ineligible to be President of the United States. As far as other persons mentioned in relation to the presidency or vice presidency, Senator Marco Rubio fits the jus soli requirement of natural born citizenship insofar as his parents though non-citizens were domiciled in the United States when he was born. Another who meets the jus soli criteria in the fashion of Sen. Rubio is Louisiana Governor Pyush (Bobby) Jindal who was born in Louisiana to non-citizen parents who were domiciled in the United States.
Incidentally, there was a controversy in 1968 when Willard Mitt Romney's father George Romney ran for president about his eligibility to be president because of his birth in Mexico City.{7} George Romney met the natural born citizen criteria courtesy of jus sanguinis and his son Willard Mitt Romney meets the natural born citizen criteria to run in 2008 and also in 2012 courtesy of jus soli with Detroit, Michigan being his birthplace.
There is in other words no credible foundation for the claim that any of these persons{8} was/is ineligible to run for or hold the office of President of the United States.
Why do you think Obama has fought this so hard? Don't just guess whether something is true or not. Read up on it and learn something before pissing your country away out of frikking ignorance.
Oh I have done more than my fair share of reading up on this stuff and it is quite obvious to me that you have not. In the words of the late Senator Daniel Patrick Moynihan of New York, "you have the right to your opinion sir but not the right to your own facts." And the facts on these matters do not in any sense of the term support your interpretation of these things.
LEARN THE LAWS!
There is nothing more delicious than being berated as stupid by someone who has themselves manifested stupidity to a mind-numbing degree on the matter with which they would purport to lecture others but I digress.
Notes:
{1} This was not mentioned in Minor vs. Happersett because it had no bearing on the standing of Virginia Minor who was jus soli regardless of the other factors involved.
{2} Therefore, Minor vs. Happersett cannot be used as evidence for what constitutes natural born citizens beyond the limited inquiry that it made into those who fit the parameters that Virginia Minor found herself in.
{3} This is incidentally how Senator John McCain met the "natural born citizen" criteria to run for president in 2000 and 2008.
{4} Certainly every barrister at the Constitutional Convention knew Blackstone's Commentaries on the Laws of England well -by some counts as many as 16 of them knew the work by heart.
{5} Even many of the Founders who were not themselves barristers (such as James Madison) had done some rudimentary studies in law using Blackstone's Commentaries.
{6} I do not intend in this note to enter into the particulars of the Kenyan Birth Hypothesis.
{7} There was also a controversy in 1964 with Senator Barry M. Goldwater who was born in the territory of Arizona three years before it became a state.
{8} Whatever one thinks of any of them.


