Quotable Quotes re Citizenship Kinds, Allegiance, and The Presidential Eligibility Clause in The United States Constitution

Quotable Quotes | posted by CDR Charles Kerchner (Retired) | 21 Jul 2023 | @ CDRKerchner.Wordpress.com | re Meaning of “Natural born Citizen” TERM in the United States Constitution Presidential eligibility clause – Article II, Section 1, Clause 5

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 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. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order 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.” [underline emphasis added] Source: Legal Treatise by Emer de Vattel, The Law of Nations or Principles of Natural Law (1758/1775/1797), Volume 1 Chapter 19, § 212. — Source: https://lonang.com/library/reference/vattel-law-of-nations/vatt-119/

“A Republic If We Can Keep It” – Benjamin Franklin (1787)

“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, (after depositing one in our own public library here, and sending the other to the College of Massachusetts Bay, as you directed,) has been continually in the hands of the members of our Congress, now sitting, who are much pleased with your notes and preface, and have entertained a high and just esteem for their author.” [underline emphasis added} Source: Benjamin Franklin, A Notable PA delegate to the Second Continental Congress in Philadelphia PA, 9 Dec 1775 letter to Charles Dumas of the Netherlands, Editor of the newly published 1775 edition of Emer de Vattel’s “Law of Nations or Principles of Natural Law” – https://cdrkerchner.wordpress.com/2010/04/27/benjamin-franklin-in-1775-thanks-charles-dumas-of-the-netherlands-for-sending-him-3-more-copies-of-the-newest-edition-of-vattels-law-of-nations/

“Nothing was more to be desired, than that every practicable obstacle should be opposed to cabal, intrigue and corruption. These most deadly adversaries of republican government might naturally have been expected to make their aproaches (sic) from more than one quarter, but chiefly from the desire in foreign powers to gain an improper ascendant in our councils. How could they better gratify this, than by raising a creature of their own to the chief magistracy of the union? But the convention have guarded against all danger of this sort with the most provident and judicious attention.” Source: The Federalist Papers, The Federalist No. 68, 12 March 1788, by Alexander Hamilton – https://founders.archives.gov/documents/Hamilton/01-04-02-0218

“It cannot be presumed that any clause in the constitution is intended to be without effect; …” Source: U.S. Supreme Court case Marbury v. Madison, 5 U.S. 137, 174 (1803).

“It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one.” Source: Chief Justice John Marshall, 1821, U.S. Supreme Court case Cohens v. Virginia, 19 U.S. 264.

“All from other lands, who, by the terms of your laws and in compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens. Gentlemen can find no exception to this statement touching natural born citizen except what is said in the Constitution in relation to [Native American] Indians.” [underline emphasis added] Source: Congressman John Bingham (R) OH the “Father of the 14th Amendment”, 1862, Congressional Globe – http://www.usnaturalborncitizen.com/bingham.html

“Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.” [underline emphasis added] Source: Congressional debate on the proposed 14th Amendment to the U.S. Constitution on the meaning of “natural born Citizen”, Congressman John Bingham (R) OH the “Father of the 14th Amendment”, 1866 – (Cong. Globe, 39th, 1st Sess., 1291 (1866))

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.” [underline emphasis added] Source: U.S. Supreme Court case Minor v. Happersett , 88 U.S. 162 (1875) – Source: http://www.art2superpac.com/issues.html

“In the first place, we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the person’s becoming in every facet an American, and nothing but an American.There can be no divided allegiance here. Any man who says he is an American, but something else also, isn’t an American at all. We have room for but one flag, the American flag. We have room for but one language here, and that is the English language” [underline emphasis added] Source: President Theodore Roosevelt On Immigrants, Assimilation, And English, 3 Jan 1919 – https://proenglish.org/2018/08/21/president-theodore-roosevelt-on-immigrants-assimilation-and-english/

“Not all U.S. Citizens are of the same “kind” due to their method of obtaining U.S. Citizenship, even though they are all equal before the law. There are five (5) kinds of Citizens mentioned in the U.S. Constitution. All should read our U.S. Constitution to learn more about what our Founders and Framers wrote, and the properly made amendments to it under Article V.” [underline emphasis added] Source: Citizenship Terms Used in The U.S. Constitution – The Five (5) Terms Defined & Some Legal Reference To Same, CDR Charles Kerchner (Ret), Feb 2009 – https://www.scribd.com/doc/11737124/Citizenship-Terms-Used-in-the-U-S-Constitution-The-5-Terms-Defined-Some-Legal-Reference-to-Same

“Article II of our Constitution has a lot to say about how a would-be President is born. “Natural born Citizen” status requires not only birth on U.S. soil but also birth to parents who are both U.S. citizens by birth or naturalization. This unity of jus soli (soil) and jus sanguinis (descent) in the child at the time of birth assures that the child is born with sole allegiance (obligation of fidelity and obedience to government in consideration for protection that government gives (U.S. v. Kuhn, 49 F.Supp.407, 414 (D.C.N.Y)) and loyalty to the United States and that no other nation can lay any claim to the child’s (later an adult) allegiance and loyalty. Indeed, under such birth circumstances, no other nation can legally or morally demand any military or political obligations from that person. The child, as he/she grows, will also have a better chance of not psychologically struggling with conflicted allegiance and loyalty to any other nation.” [underline emphasis added] Sources: Article II “Natural Born Citizen” Means Unity of Citizenship and Sole Allegiance At Birth, Apr 2009, Attorney Mario Apuzzo, 2009/2010 – https://puzo1.blogspot.com/2010/11/article-ii-natural-born-citizen-means.html and https://www.scribd.com/doc/17478578/NBC-Means-Unity-of-Citizenship-at-Birth-20090720-Issue-Wash-Times-Natl-Wkly-pg-9

“Being simply “born a Citizen” was not enough national security protection for the future of our Constitutional Republic when the founding generation was gone. The Founders and Framers instead chose the more restrictive “natural born Citizen” term, which meant being born with sole allegiance to the USA, i.e., born in the country to parents who are Citizen (born or naturalized Citizens themselves) when their child was born in the USA. “Born a Citizen” or “Citizen at/by Birth” is not logically identically equal to a “natural born Citizen”. Adjectives mean something.” [underline emphasis added] Sources: Book; Natural Born Citizen; by CDR Charles Kerchner (Ret), published April 2023, available at Amazon and via this Website – http://www.kerchner.com/books/naturalborncitizen.htm and https://cdrkerchner.wordpress.com/2013/09/17/constitution-day-17-sep-2013-a-lesson-from-history-is-being-a-born-citizen-of-the-united-states-sufficient-citizenship-status-to-be-president-the-founders-and-framers-emphatically-decided-it-was/ and https://cdrkerchner.wordpress.com/2018/06/16/natural-born-citizen/

See some more quotes re our U.S. Constitution at this link: https://cdrkerchner.wordpress.com/tag/constitutional-quotes/

CDR Charles Kerchner (Retired)
Author: Natural Born Citizen
https://www.amazon.com/Natural-Born-Citizen-Presidential-Qualification/dp/B0C3YD377J/
http://www.kerchner.com/books/naturalborncitizen.htm
https://cdrkerchner.wordpress.com
http://www.scribd.com/user/52640192/protectourliberty/lists
http://www.protectourliberty.org

P.S. 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

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