Understanding presidential eligibility requires accurate facts. To begin with, contrary to incorrect but widely held popular opinion, a "natural born citizen" is not the same as a citizen. Our Constitution does in fact logically define a natural born citizen, being both self evident and easily deduced, as one born in the U.S. to U.S. citizen parents (plural). Even if Barack Obama was born in Hawaii, his foreign father precludes Obama's eligibility for failing to be a natural born citizen, as uniquely required of both the President and Vice President, by our Constitution!
During the Constitutional Convention held at Independence Hall in Philadelphia, where the Declaration of Independence had been signed only a few years earlier in 1776, Alexander Hamilton suggested who shall be eligible to serve as President and Commander in Chief.
This eligibility requirement had the added appeal of comporting with the tenets of natural law, favoring independence by enabling not just a few related royals, but the vast majority of persons to be eligible to serve as President, as codified by the prominent 18th century theorist, Emer de Vattel. His famous masterpiece of political philosophy 'The Law of Nations or the Principles of Natural Law' was instrumental to the Founding Fathers in both the original French and translations.
George Washington retained a copy of Vattel with such vigor, that he uncharacteristically incurred a hefty library late fee. His Mount Vernon estate recently discovered that one of his copies of Vattel had not been returned to the library from which George had borrowed it while setting up office in adjacent quarters. Adhering to the principles of Natural Law is so important that the Founders enshrined the 'Law of Nations' capitalized as a proper noun, within the Constitution - Article 1, Section 8, Powers Granted to Congress, item 10:"I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the Law of Nations. Accordingly, that copy which I kept, has been continually in the hands of the members of our congress, now sitting." -- Benjamin Franklin, letter to Charles W.F. Dumas, a Swiss publisher who sent three copies of Vattel's 'Law of Nations' to Dr. Franklin as a gift, December 1775.
"To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations... ."
Vattel's 'Law of Nations' defined the exact meaning of a "natural born citizen" in the clearest possible terms:
The Founders uniquely required a "natural born citizen" only for eligibility to serve as President and Commander in Chief. U.S. Constitution - Article 2, Section 1, Clause 5:"... natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights." -- Emer de Vattel,'The Law of Nations' (1758) § 212 - 215.
The Article 2, Section 1, exemption from being a natural born citizen, "or a Citizen of the United States, at the time of the Adoption of this Constitution" is made redundant and moot, by equating a "natural born citizen" and a citizen. To do so, particularly by elected officials, is a grave threat to our national security, that essentially amounts to an illegal de facto amendment by an apathetic congress in collusion with complicit states that fail to object. The intentional inclusion of the exemption confirms beyond any reasonable doubt, that the two terms are not equal and do not mean the same thing, as many were unfortunately misled to believe. Obama is inescapably ineligible for failing to qualify as a natural born citizen. However the media has conveniently if not purposefully diverted public attention away from this irrefutable fact by promoting speculation about his alleged Hawaiian birth certificate. This contentious issue is one Obama continues to control due to Hawaiian privacy laws, which he suspiciously refuses to waive despite releasing what he purports to be his long form birth certificate. Changing the debate to his citizenship while employing Alinsky tactics of ridicule, has helped contain the damage. However being a U.S. citizen is insufficient to serve as President. The public must be made aware that the Constitution requires one to be a “natural born citizen” which encompasses citizenship involving birth in the U.S. expanded to require the circumstance of being born of TWO U.S. citizen "parents" (plural). To further demonstrate that a "natural born citizen" and a "citizen" are not equal and do not mean the same thing, try this simple substitution exercise for yourself. Replace "natural born citizen" with "citizen" as demonstrated with the original Article 2, Section 1, text and the modified text and see what happens. For extra impact try reading each one aloud.Original text: “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 ..." (underline emphasis added) Modified text: "No person except a Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible ... "Obviously the modified sentence does not make sense!The substitution creates contradictory redundant nonsense because "citizen" without a qualifier such as "at the time of the Adoption of this Constitution," represents a larger set of citizens encompassing all U.S. citizens, including the smaller subset of those who were "a Citizen of the United States, at the time of the Adoption of this Constitution," thereby rendering the modified sentence meaningless.Clearly "natural born citizen" and "citizen" are not interchangeable in Article 2, Section 1, of the Constitution. If they are not interchangeable, then they cannot be equal. If they are not equal, then a natural born citizen has to be either less than or greater than a citizen. Being a citizen is obviously a component of being a natural born citizen, so a natural born citizen cannot be less than a citizen. The one remaining possibility is that a natural born citizen must be greater than a citizen. The minimal requirement for citizenship at the time was one born in the United States to a U.S. citizen parent with citizenship following that of the father. Thus a natural born citizen must be one born in the U.S. to TWO U.S. citizen parents (plural)"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."
as logically deduced directly from Article 2, Section 1, of the U.S. Constitution,
is one born in the United States to United States citizen parents!
One extraordinary early exception was the travesty of Dr. Terry Lakin's court martial, where the Judge blatantly forbid him from submitting any evidence or calling any witnesses. Dr. Lakin is also appealing his case.
Ankeny v. Governor, 916 N.E.2d 678 (Ind. Ct. App. 2009). In this case, the appellants Steve Ankeny and Bill Kruse, conducted their case Pro Se and subsequently lost. Perhaps having a competent attorney would have easily precluded this case from becoming a blight on the legal landscape that would later contaminate efforts by others. Suffice it to say, surely Mr. Ankeny and Mr. Kruse could have benefited greatly by having legal counsel and better arguments. Those of Mario Apuzzo, Esq., come immediately to mind and which he has fortuitously further expounded upon in his analysis of the recent case of Farrar v. Obama, wherein a Georgia administrative law judge inappropriately relied on Ankeny v. Governor in making a recent ruling. All That Is Wrong with Georgia State Judge Michael M. Malihi’s Decision that Putative President Obama Is a “Natural Born Citizen” (February 3, 2012).
Farrar v. Obama, GA, January 26, 2012, issued a very controversial ruling that instead of properly citing a U.S. Supreme Court case directly, the GA court inappropriately relied on the Indiana case of Ankeny v. Governor which, among many errors Mr. Apuzzo expertly elaborates in his previously mentioned essay, entirely misinterpreted the U.S. Supreme Court rulings. The bizarre GA ruling essentially placed Obama above the rule of law by ignoring both his illegal failure to obey the courts' subpoena to appear and the considerable evidence presented. An appeal is pending. Purpura-Moran v. Obama, NJ, April 10, 2012. "Obama Ballot Access Objection" before Administrative Law Judge Jeff S. Masin. A controversial ruling was handed down by Judge Masin in favor of Obama. The judge admitted that Obama hasn’t provided proof of birthplace, then he contradicted his own finding by ruling Obama was born in Hawaii. In a failed attempt to justify this judicial malfeasance, the judge relied on the defense's argument essentially advocating vote fraud and consistent with Obama's self admitted disdain and demonstrated pattern of contempt for our Constitution, that no state, including New Jersey has a law requiring a candidate for president to prove one's eligibility in order to be included on the state ballot. This unconscionably illegally ignores the fact the U.S. Constitution, being the supreme law of the land, is always applicable and obviously would supersede any state law to the contrary thereby negating any need for any state to implement such a law, in that Article 2, Section 1, Clause 5, requires the President and Commander in Chief to be a natural born citizen! Update by plaintiff's attorney Mario Apuzzo, Esq., April 10, 2012
However no one respecting the rule of law can overlook the fact that Obama's foreign father precludes his eligibility by failing to be a “natural born citizen” meaning one born in the U.S.A. to TWO citizen parents as logically deduced directly from and irrefutably required by the Constitution for the United States of America!
Subsequent to the adoption of the Constitution whereby citizens of the several states were also made United States citizens with no naturalization needed, a U.S. citizen was one meeting the minimum citizenship requirement of being born in the U.S. to a U.S. citizen parent.
If, as is evident in Article 2, Section 1, the Framers had need to exempt "a citizen of the United States at the time of the adoption ..." from being a NBC, then a NBC and a citizen cannot be equal. If they are not equal, then a NBC must be either less than or greater than a citizen. If being a citizen is a component of being a NBC, then a NBC cannot be less than a citizen. If a citizen at the time is one born in the U.S. to a U.S. citizen, then only one born in the U.S. to TWO U.S. citizens is greater.
Therefore, a natural born citizen must be one born in the U.S. to TWO U.S. citizens!
Our Constitution does in fact make perfectly clear that a natural born citizen is one born in the U.S. to U.S. citizen parents! Even if Barack Obama was born in Hawaii, his father was not a U.S. citizen. Obama is not an eligible natural born citizen!
(Last revised: August 25, 2012)
1. University of Indiana Prof. Konstantin Dierks, Ph.D., First Congress; March 26, 1790, Ses II, Chap. 3, Sec I, 104, passed “An act to establish an uniform Rule of Naturalization.” (Publication date not provided). 2. ibid., Third Congress; January 29, 1795, Sess. II, Chap. 19, 20; 1 stat 414, “An act to establish an uniform rule of Naturalization; and to repeal the act heretofore passed on that subject.” Original Text: PDF Version (SAA). 3. Natural born Citizen, Attorney Leo Donofrio, JD., Minor v. Happersett Is Binding Precedent As To The Constitutional Definition Of A Natural Born Citizen (June 24, 2011). Update: Natural born Citizen, Attorney Leo Donofrio, JD., Minor v. Happersett Revisited. (January 9, 2012).
4. Library of Congress - Thomas, Status - 110th Congress: Senate Resolution 511. Resolution agreed to in Senate without amendment and with a preamble by Unanimous Consent. (April 30, 2008).
5. ibid., Bill Text - 110th Congress: Senate Resolution 511 (April 10, 2008).
6. United States Senate: Reference, Constitution of the United States with an accompanying explanation of each Article, Section, Clause and Amendment. (S.PUB.103-21, date not provided).
7. Free-books.us, William Arthur. Father of President Chester Arthur Naturalization Certificate (Original, Library of Congress 1843).
8. Bob Unruh, WND, What did Congress know about 'natural-born ctiizen'? "8 tries at eliminating requirement suggests organized stategy in place (July 01, 2011).
9. Bob Unruh, WND, 'Citizen' same as 'natural born citizen.' Comment suggests Founders didn't want special eligibility demand for presidents. (July 06, 2011).
10. Scribd: Maskell, Maskell Memorandum. Congressional Internal Memo: What to Tell Your Constituents Regarding Obama Eligibility Questions. (April 3, 2009).
11. Bob Unruh, WND, Ex-CIA: 'Forged document' released as birth certificate Gen. Paul Vallely: Congress afraid to probe 'possible felony' over fears of 'black backlash' (June 15, 2011).
12. Attorney Leo Donofrio, JD., WND Article, Why Obama is ineligible – regardless of his birthplace (April 01, 2010).
13. Joe Kovacs, WND, Identity Anomalies With Video by Dr. Alan Keyes, U.S. Ambassador, Ret., Obama Social Security Number to become issue in 2012 race? 'You better probe a little harder to make sure identity you're dealing with is a real identity'. (August 11, 2011).
14. Attorney Orly Taitz, DDS., JD., Documents and Affidavits Useful in Initiating the Investigation and Prosecution of Barack Hussein Obama II (aka Barry Soetoro, Harrison J. Bounel, Barack Soebarkah), for Alleged Criminal Social Security Fraud, thereby also compelling access for the purpose of an independent examination of his original birth records allegedly on file with the Hawaiian Department of Health, for comparison to what Obama purports to be his Hawaiian long form vault birth certificate recently released to the public. (September 29, 2011).
15. WorldNetDaily, Archived Reports and Documents Useful in Initiating the Investigation and Prosecution of Barack Hussein Obama II (aka Barry Soetoro, Harrison J. Bounel, Barack Soebarkah), for Alleged Criminal Fraud Involving the Use of Government Property by Using Government Servers to Display a Graphic Representation of His Purported Original Hawaiian Long Form Vault Birth Certificate on The White House Web Site, as Previously Claimed to Exist, for the Purpose of Aiding the Usurpation of the Office of the President and Commander In Chief, Despite Ineligibility for Failing to Be a Natural Born Citizen as Required by Article 2, Section 1, Clause 5, of the Constitution For The United States Of America. (June 10, 2008).
16. Bob Unruh, WND, Obama Blasts Sheriff Investigating Eligibility. But Arpaio turns criticism into campaign ad about law enforcement record. (October 06, 2011).
17. Nationwide Sheriff Listings, Easily Locate Contact Information for Your Local Sheriff (Current).
Nationwide Tea Party Listings
Easily locate contact information for your local tea party
and prepare a petition asking your county sheriff to
please investigate obama for criminal fraud!
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