Natural Born Citizen – Key Birth Status Definition,
SCOTUS Fact Findings,and SCOTUS Holdings
by: CDR Charles F. Kerchner Jr. (Ret)
Question: What birth status facts made a person under the principles of the Laws of Nature and Natural Law a “natural born citizen” in the last half of the 18th century, which covered the time frame of the founding of the United States of America and the writing of our founding documents?
Answer: Those born in the country of parents who are its citizens. “The natives, or natural-born citizens, are those born in the country, of parents who are citizens.” Source: Legal Treatise on Natural Law, “The Law of Nations or Principles of Natural Law”, Emer de Vattel, (1758 in French / 1797 correctly translated French into English), Volume 1, Chapter 19, Section 212, key sentence defining a natural-born citizen per Natural Law.
Question: What birth status facts in an 1875 U.S. Supreme Court (SCOTUS) decision and holding declared who was a natural born citizen without any doubt?
Answer: Children born in a country of parents who were its citizens. “… 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.” Source: U.S. Supreme Court, Minor v. Happersett, 88 U.S. 162 (1874/1875).
Question: What birth status facts in a 1939 U.S. Supreme Court (SCOTUS) decision and holding per its findings of facts about Miss Elg’s birth status declared that Miss Elg was not only a citizen of the United States by/at birth but was in fact at birth a “natural born citizen” of the United States by/at her birth?
Answer: Miss Elg was born in the United States of parents who were both naturalized citizens when Miss Elg was born in the United States. Miss Elg was “… declared to be a natural born citizen of the United States“. Source: U.S. Supreme Court, Perkins v. Elg, 307 U.S. 325 (1939), Fifth holding of a five part holding in that case.
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CDR Charles Kerchner, P.E. (Retired)
Other suggested reading and viewing on being a “natural born Citizen” of the United States:
1. Read, download, and print a PDF copy of this White Paper by CDR Charles Kerchner (Ret) about the “natural born Citizen” term and presidential eligibility clause in Article II of our U.S. Constitution here: http://www.kerchner.com/protectourliberty/The-Who-What-When-Where-Why-and-How-of-NBC-Term-in-Constitution.pdf
2. A chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution: http://www.scribd.com/doc/11737124/Citizenship-Terms-Used-in-the-US-Constitution-The-5-Terms-Defined-Some-Legal-Reference-to-Same
3. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”: https://cdrkerchner.wordpress.com/2009/07/16/citizen-at-birth-cab-does-not-equal-natural-born-citizen-nbc-obama-is-not-a-natural-born-citizen-of-the-usa-2/ or http://puzo1.blogspot.com/2009/07/citizen-at-birth-cab-does-not-equal.html
4. Read this essay regarding the constitutional term “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)”. Adjectives mean something. All “natural born Citizens” are “born Citizens (citizens at birth) but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://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/
5. A Euler Diagram which logically shows the kinds of U.S. Citizens and their set and subset relationships: https://cdrkerchner.wordpress.com/2018/06/16/natural-born-citizen/
6. The “Three Legged Stool Test” for being a Natural Born Citizen: https://cdrkerchner.wordpress.com/2013/11/15/the-three-legged-stool-test-analogy-for-natural-born-citizenship-of-the-united-states-to-constitutional-standards/
7. Article II Presidential Eligibility Facts: http://www.art2superpac.com/issues.html or https://www.scribd.com/document/161994312/Article-II-Presidential-Eligibility-Facts
8. Watch these videos (Parts I and II) by the renowned constitutional scholar Dr. Herb Titus: http://www.kerchner.com/videos/natural-born-citizen-part-1-by-dr-herb-titus.mp4 and http://www.kerchner.com/videos/natural-born-citizen-part-2-by-dr-herb-titus.mp4
9. Read the dozen of legal essays and court briefs written by constitutional and citizenship expert Attorney Mario Apuzzo on being a “natural born Citizen of the United States” and the pretenders and usurpers in three major political parties (Democrat, Republican, and Socialist parties) – who invalidly claimed such birth status – at his legal blog: http://puzo1.blogspot.com
10. Read online or download and save dozens of historical papers and articles written over time, some over 200 years ago, describing what a “natural born Citizen” of the United States is to constitutional standards: https://www.scribd.com/lists/3301209/Papers-Discussing-Natural-Born-Citizen-Meaning-to-Constitutional-Standards
3 thoughts on “Natural Born Citizen – Key Birth Status Definition, SCOTUS Fact Findings, and SCOTUS Holdings”
This article was re-posted in ThePost&Email online newspaper: https://www.thepostemail.com/2023/04/20/natural-born-citizen-key-birth-status-definition-scotus-fact-findings-and-scotus-holdings/
I am very pleased to announce that my new book, “Natural Born Citizen – A Presidential Eligibility Qualification Requirement” is now available for purchase via Amazon.com. Here is the link: https://www.amazon.com/dp/B0C3YD377J/
Of course copies signed or otherwise can also be purchased directly from me on my website link at: http://www.kerchner.com/books/naturalborncitizen.htm
CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
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