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EXECUTIVE SUMMARY RE: „NATURAL BORN CITIZEN

Article II, Section 1, Clause 5 of the Constitution of the United States


Requires that only a „natural born Citizen‟ be eligible for the Office of President
(and Vice President)

I. „Natural Born Citizenship‟ as required and defined by the Constitution.

Article II, Section 1, Clause 5 of the Constitution says: No Person except a natural
born Citizen, … shall be eligible to the Office of President;

The last sentence of the Twelfth (XII) Amendment (ratified in 1804) says: But no
person constitutionally ineligible to the office of President shall be eligible
to that of Vice-President of the United States.

„Natural born Citizen‟ is a condition at birth (jus soli and jus sanguinis). It cannot be
changed by new statutes and laws, nor by Senate Resolutions like SR511 for Senator John
McCain (a Congressional act of Treason to the Constitution).

„Natural born Citizen‟-ship is specified and defined in the Constitution:

1. Article II, Section 1:5 says that only a „natural born Citizen‟ shall be
eligible to the Office of President;

2. Article I, Section 8 says that Congress (under the authority granted by the
People) shall have the power to… define and punish… Offenses against the
Law of Nations;

3. The Law of Nations says that:

a. „The natives, or natural born citizens, are those born in the country
(jus soli), of parents who are citizens’;

b. „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 (jus sanguinis), and succeed to all their
rights’;

c. ‘The country of the fathers is therefore that of the children’;

d. „To be of the country, it is necessary that a person be born of a


father who is a citizen; for, if he is born there of a foreigner, it will
be only the place of his birth, and not his country.‟

This requirement can only be changed by a Constitutional Amendment, which has yet to
occur. The 14th Amendment does not mention „natural born Citizen‟, and is therefore
unrelated to and has no bearing on the Constitutional requirement for the Office of the
President.

Since Obama has repeatedly identified his natural birth father as Barack Hussein Obama I
of Kenya, who was at no time in his life a citizen of the United States, we do not need a
Hawaiian birth certificate; we only need a leader who will insure enforcement of the
supreme law of the land, The Constitution of the United States of America – NOW!

II. „Natural Born Citizenship‟ as defined and adjudicated by the Supreme


Court of the United States.

4 Supreme Court Cases define „natural born Citizen‟:

1. The Venus, 12 U.S. 8 Cranch 253 253 (1814)


Justice Livingston, who wrote the unanimous decision, quoted the entire §212nd
paragraph from the French edition of Vattel:

“The citizens are the members of the civil society; bound to this society by certain
duties, and subject to its authority, they equally participate in its advantages. The
natives or indigenes are those born in the country of parents who are
citizens. Society not being able to subsist and to perpetuate itself but by the
children of the citizens, those children naturally follow the condition of their fathers,
and succeed to all their rights.”

2. Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830)

Justice Story, who gave the ruling, cites the principle of citizenship enshrined in his
definition of a “natural born citizen”:

… she might well be deemed under the circumstances of this case to hold the
citizenship of her father, for children born in a country, continuing while under
age in the family of the father, partake of his national character as a citizen
of that country.

3. Minor v. Happersett , 88 U.S. 162 (1875)

The Chief Justice of the Supreme Court in that year, wrote the majority opinion, in
which he stated:

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.

4. United States v. Wong Kim Ark, 169 U.S. 649 (1898)

In this case, Wong Kim Ark, the son of 2 resident Chinese aliens, claimed U.S.
Citizenship and was vindicated by the court on the basis of the 14th Amendment. In
this case the Justice Gray gave the opinion of the court. On p. 168-9 of the record,
He cites approvingly the decision in Minor vs. Happersett:
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.

This (flawed, to many) decision extended citizenship to all born in the country
(excepting those born of ambassadors and foreign armies, etc.); but it did not
extend the meaning of the term „natural born citizen‟.

CONCLUSION

Finally it should be noted, that to define a term is to indicate the category or class of things
which it signifies. In this sense, the Supreme Court of the United States has never
applied the term “natural born citizen” to any other category than “those born in
the country of parents who are citizens thereof”.

Hence every U.S. Citizen must accept this definition or categorical designation, and fulfill his
constitutional duties accordingly. No member of Congress, no judge of the Federal
Judiciary, no elected or appointed official in Federal or State government has the right to
use any other definition; and if he does, he is acting unlawfully, because unconstitutionally.

This requirement can only be changed by a Constitutional Amendment, which has yet to
occur. The 14th Amendment does not mention „natural born Citizen‟, and is therefore
unrelated to and has no bearing on the Constitutional requirement for the Office of the
President.

Since Obama has repeatedly identified his natural birth father as Barack Hussein Obama I
of Kenya, who was at no time in his life a citizen of the United States, we do not need a
Hawaiian birth certificate; we only need a leader who will insure enforcement of the
supreme law of the land, The Constitution of the United States of America – NOW!

Submitted by:

Neil B. Turner
Citizens for the Constitution
Carlsbad, CA
NBTurner@Earthlink.net

To download documentation: 4 Supreme Court Cases Define Natural Born Citizen:


http://www.scribd.com/doc/52966220/4-Supreme-Court-Cases-Define-Natural-Born-Citizen

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