Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com: Wednesday, August 4, 2010 @ 10:33 AM
What Senator Lindsey Graham is stating to the press with this new initiative of his is only half the story: http://news.yahoo.com/s/ap/us_republicans_birthright_citizenship
by CDR Charles Kerchner (Ret)
Watch carefully how these key but sneaky Republican leaders (RINOs) such as Senator Lindsey Graham will try to cleverly game this new initiative of theirs to make it look like on the surface that it appears they are trying to work on the very real “anchor baby” problem in the USA. But while they overtly say they are trying to correctly define who is a “born a Citizen of the United States” per the 14th Amendment of the Constitution to solve this “anchor baby” problem, they covertly in the process will also be trying to confuse the 14th Amendment part of the Constitution with another part of the Constitution, i.e., who is a “natural born Citizenship of the United States” as required in Article II, Section 1, Clause 5 of the Constitution, the Presidential eligibility clause. Watch them speak and how they switch Citizenship terms in mid-sentence and use them interchangeably. These two terms and parts of the Constitution have nothing to do with each other and are in the Constitution for two different purposes. The “natural born Citizen” clause in Article II was added by John Jay and George Washington as a national security protection clause required for eligibility to serve in the singular most powerful office in our new form of government, President and Commander of the Military. It was added as a higher level of qualification standards to the existing proposed eligibility clause proposed by Hamilton to provide a “strong check” against foreign influence on any future President after the founders were gone in order that the person in that office would have no “foreign influence” claims on them via birth. They wanted all future Presidents and Commanders of the Military of the United States to have sole allegiance at birth to only the USA. Only a natural law “natural born Citizen” meets that requirement. The “natural born Citizens”, as defined by natural law, are people born in the country to two citizen parents of the country, and they are by far the most populous sub-group of those who are “Citizens by birth” of a country. The remainder who are not “natural born Citizens” were made “Citizens by birth” per Statutory Laws passed by Congress such as Title 8 Section 1401, the 14th Amendment, and U.S. court decisions interpreting those laws and amendments, not always correctly. To learn more on the difference between “Citizen by birth” and being a “natural born Citizen by birth” see the historic and scholarly legal treatise by Emer de Vattel, The Law of Nations or Principles of Natural Law, Volume 1, Chapter 19, Section 212. This legal treatise was used by the founders of our nation and framers of the U.S. Constitution to write our founding documents The Declaration of Independence and the U.S. Constitution.
Adjectives mean something in man-made law and in natural law. But watch how these double talking Senators interchange the two citizenship terms in the same discussion like these two terms mean the same thing. Those two terms do not mean the same thing and these two different terms are used in two different places in the U.S. Constitution for two entirely different purposes and these Senators know it. It’s the old repeat the big lie long enough people will believe it routine. They are running another deception game on the American people like they did in 2008. See this article I wrote for more about the clever and deceptive cavalier interchangeable use by the Progressives and RINOs in Congress and in the media of the terms “Citizen by/at Birth” and “natural born Citizen by/at birth”. These two legal terms do NOT mean the same thing. Even the U.S. State Department’s Foreign Affairs Manual points this out.
These key Republican leadership Senators KNOW there is a difference in the wording, meaning, and intent of the 14th Amendment, the Wong Kim Ark 1898 and other Supreme Court decisions, and Statutory Laws as to whose is a “Citizen of the USA”, … and the wording in Article II as to who is a “natural born Citizen of the USA”. They know that those two extra adjectives have very special meaning rooted deeply in natural law. But they are going to deliberately blur the lines on purpose because of what these same Senators and both political parties did in the 2008 election, i.e., both political parties putting up candidates for President who had suspect Article II “natural born Citizen” status. Both candidates from the two major political parties for the first time in history did not meet the historic and natural law Article II meaning of the legal term of art “natural born Citizen of the United States”, which is being born in the USA to two citizen parents. McCain was born in Panama and Obama’s father was not a Citizen of the USA, not even an immigrant to the USA.
These self serving clever politicians have tried five (5) times legislatively since 2001 to blur the meaning of “natural born Citizen of the United States” by statute but have failed.
Why did they do that? They did it in an attempt to provide cover to run candidates for President who would otherwise not be eligible … McCain and Obama. And maybe to also provide cover in the future for political figures like Gov. Jindal and others who are not “natural born Citizens of the United States” to run for President without amending the Constitution first. But instead of amending Article II of the Constitution to address the issue head on, they choose to obfuscate the issue and babble and lie and confuse the electorate about it in other ways. The reason they don’t want to address amending Article II as to who can be the President head-on is because they know the We the People will not allow amendment of the “natural security” eligibility clause in Article II, i.e., that the person who would be President must be a “natural born Citizen of the United States” — be born in the USA to parents who are both Citizens of the United States.
Ignore that clause and what do you get. You get what our founders and framers feared most … a person not innately loyal to the USA by birth … i.e. …. OBAMA a citizen of the world sitting in the Oval Office with more concern about his homeland of Kenya and the world than he does for the USA. Obama is NOT eligible to be the President of the United States and Commander in Chief of our military. Americans have very good reasons to be concerned about Obama’s exact legal identify and citizenship status. He may or may not be a Citizen of the United Stated depending on where he was physically born, but he is clearly NOT a “natural born Citizen of the United States’ to constitutional standards. See this essay by Attorney Mario Apuzzo for more on the history and law and Supreme Court decisions on that point.
Man cannot redefine “natural law”. These law were created by nature and nature’s God. It is from natural law that our inalienable rights flow, some of which were written into the Constitution in the Bill of Rights. These corrupt politicians can try to redefine what the word “is” is. And one infamous one tried in the past to redefine what “sex” is in his political musings. But they cannot redefine common sense and the laws of nature and nature’s God who created them. As Lincoln said they can fool all of the people some of the time and some of the people all of the time but they cannot fool all the people all the time. But these weasels in Washington DC keep trying it and will try it again, imo. And the willing and enabling and corrupt press exemplified by the “Journolist’as” will enable them to try and obfuscate the two legal terms of “born a Citizen of the United States” and “natural born Citizen of the United States”. For these snakes, will try to ignore all parts of the Constitution which stand in their way of overthrowing our Constitutional Republic and turning it into a National Socialist state. Again, “natural born Citizens” are the most popular group and is a subset of the larger group of all Citizens. As per Vattel’s The Law of Nations or Principles of Natural Law, the “natural born Citizens” define the culture and very nature of a nation. It is from those 100s of millions of “natural born Citizens of the United States” that we must choose our Presidents.
See these charts and the Euler logic diagram and essay for the tools to educate others and fight back against this latest sneaky Republican Party ploy to try to work on one problem all the while hiding the real goal which is obfuscating what a “natural born Citizen of the United States” is, all the while pretending they are addressing of the “anchor baby” problem in the USA, which does indeed need to be addressed by defining the “jurisdiction” clause of the 14th Amendment.
What is the solution to the “anchor babies” problem? The real and correct way to solve the “anchor baby” issue is to simply address by a new law passed by Congress defining clearly and legally what the term “and subject to the jurisdiction thereof” in the 14th amendment means when it says “All those born or naturalized in the United States, and subject to the jurisdiction thereof, are Citizens of the United States”. It does not take a constitutional amendment to do that! Doing that ‘definition law’ for a legal term in the 14th Amendment, they would solve the “anchor baby” issue without messing with “natural law” terms such as exist in Article II or having to amend the Constitution.
You see “subject to the jurisdiction thereof” means far more than just geographic location of birth. Lawyers know this. Senators know this. But they must write it into a law to straighten out poorly worded court decisions and bureaucratic decisions in the last 100 years or so. That “jurisdiction” term in the 14th Amendment is the term these Senators should address and define with statutory law to solve the “anchor baby” problem which has been created by poor court decisions over the last 100 or so years to enable many more individuals to be declared Citizen of the United States when the framers of the 14th Amendment never so intended the full words of that Amendment to be so loosely interpreted.
Citizenship of the USA is a cherished and highly desired status in this world. It should be better respected and protected. If the parents of a child want their child to become a Citizen of the USA they should legally emigrate to the USA and establish legal residency and become themselves Citizens of the USA, swearing sole allegiance to the USA via naturalization, and thus for their children in the right and proper legal way. They should not just be able to fly here from Brazil, have the baby in the USA, and then return home to Brazil and have that child be considered a U.S. citizen, a child who will grow up with little or no allegiance to the USA in return for the protection U.S. citizenship provides. Likewise two illegal alien Mexicans crossing the border into Texas and having the baby in Texas, that child should not automatically be considered a Citizen of the United States. With Citizenship of the USA comes the protection of the most powerful nation on earth. But in return for that protection, the nation expects full and sole allegiance to the USA. These “anchor babies” and their alien parents do not give that in return for the protection they seek in the Citizen of the U.S. status by their gaming the system as it is now operating.
Also, another key point when you listen to these obfuscating Senators speak on TV. Please note that the words “natural born Citizen of the United States” are not in the 14th amendment despite what the obfuscating politicians will try to imply or even say at times with a lying but straight face. The 14th amendment did not modify or amend Article II and did not modify or amend what the meaning of the natural law legal term of art “natural born Citizen of the United States” means.
Senator Graham is taking the lead on this because he trying to provide cover for his good friend and buddy Senator McCain on the “natural born Citizen” problem that Senator McCain had in the 2008 election and still has. This is all part of the continuing cover up of what the political parties did in the fraudulent Presidential election of 2008. The fix was in for the 2008 election and the cover up continues.
No Senator Lindsey Graham (good buddy RINO and right hand man of the RINO-in-Chief — Senator John McCain) … the proper way to fix the “anchor baby” problem in the USA is by passing a new law by Congress to define what the words “subject to the jurisdiction thereof” in the 14th Amendment means, … not to try and amend the Constitution or to blur the meaning of other legal terms in other parts of the U.S. Constitution, the fundamental law of our land and Republic.
The national security “natural born Citizen” clause in the eligibility requirements as to who can serve as President and Commander of our Military is very important and worth preserving. But if it is to be changed it should be proposed to be changed directly and head-on to try and convince the American people and 3/4th of the several states to do it, not by political subterfuge and obfuscation and hiding that objective within another stated initiative addressing our out of control border situation and lax and improper laws in granting birth Citizenship in this country. We don’t need need double talking congressional secret purpose “earmarks” hanging on a proposed new change in the laws for one purpose, fixing the misinterpretations of the intent of the 14th Amendment of the Constitution, to be secretly trying to amend or usurp another part of the Constitution, the national security protection afforded by the Article II presidential eligibility clause requiring natural law “natural born Citizenship” status for those who would be President and Commander in Chief.
America, we need to wake up and see what the Progressives in both parties are doing to damage our Constitutional Republic form of government in their continued efforts to usurp and/or ignore the Constitution. We are in great danger of losing our freedom and liberty if the trend in Washington DC continues much longer. If we allow these power hungry Progressives in both national parties to blatantly ignore the black letter law of Article II, Section 1, Clause 5 they will eventually blatantly ignore every single part of the Constitution and its Bill of Rights and we will live in total tyranny. All the Dem Progressives and RINO Progressives should be voted out of office at the earliest opportunity. And the usurper Obama needs to be removed from the office he usurps. And those that participated in this illegality in allowing a usurper into the Oval Office and the continuing cover up to allow him to stay there need to be prosecuted to the fullest extent of the law and the U.S. Constitution for what they have done.
P.S. Do you want to do something to help the cause? Cast your votes to help the effort to get Attorney Apuzzo on the air with Judge Andres Napolitano to discuss the “natural born Citizen” clause of the U.S. Constitution. Here are the two links to visit and click on the Vote button and case 3 votes at each link.
1st: Vote for Mario to be a Guest: Please add your vote here to get Attorney Mario Apuzzo on the air with the Judge Andrew Napolitano to discuss this issue. Here is the link to vote for Mario: http://freedomwatch.uservoice.com/forums/16626-freedom-watch-guest-suggestions/suggestions/268573-mario-apuzzo-esq-
2nd: Vote for “natural born Citizenship” as a Show Topic: Please add your vote for this new TV Show topic suggested by JTX at the Judge Andrew Napolitano “Freedom Watch” TV show suggestion forum. Vote for the new show topic idea at this link: