Nikki Haley, the daughter of two non-citizens, is patently ineligible to serve as President or Vice President under Article II, Section 1 of the Constitution
The following analysis is a detailed response to critiques of an article I wrote earlier this month that garnered national attention, and was even Truthed by President Trump, shedding light on Nikki Haley’s ineligibility to serve as President or Vice President under the Constitution. My article was published originally on my Substack and American Greatness, and was titled “The Constitution Absolutely Prohibits Nikki Haley From Being President Or Vice President.” As A Threshold Matter, Nikki Haley, The Daughter Of Two Non-Citizens, Must Provide Proof That Her Parents Were Lawful Residents When She Was Born
As we head into the New Hampshire Republican primary, the presidential field has consolidated around three major candidates: Donald Trump, the frontrunner by wide margins, Nikki Haley, and Ron DeSantis. With Vivek Ramaswamy’s distant fourth place finish in Iowa and subsequent endorsement of the 45th President, Trump’s edge in New Hampshire looks insurmountable.
Recent polling suggests that he commands an outright majority of all New Hampshire GOP voters, meaning that even if all the remaining candidates dropped out and rallied around a single challenger to Trump, their collective effort would still fail – without, perhaps, outside help from Democrats and Independents. With recent reports that Ron DeSantis’ War Room has been dissolved, and all the staff being laid off in the aftermath of Iowa’s disaster, it seems to have proven true Nikki Haley’s post-Iowa declaration that the Republican Primary has now become “a two person race.” … continue reading at: https://www.thegatewaypundit.com/2024/01/no-constitution-does-not-allow-children-born-non/
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
Mario Apuzzo, 65 of Jamesburg died Sunday October 10th at Centrastate Medical Center, Freehold, NJ.
Attorney Mario Apuzzo
Born in Castellammare di Stabia, Italy, Mario came to the U.S. at the age of 7 and was a lifelong Jamesburg resident. He was a devoted family man, distinguished attorney, and passionate humanitarian.
In 1979 he obtained his undergraduate degree in Political Science from Wilkes University, Wilkes Barre, PA, graduating magna cum laude. He then obtained his Juris Doctorate degree in 1982 from Temple Beasley University School of Law, Philadelphia.
Mario continued his post-graduate legal studies with the University of the Pacific, Sacramento, CA at its McGeorge School of Law in Salzburg, Austria, which also included course work in Milan, Italy where he received a Diploma in Advance International Legal Studies in 1983.
He studied comparative international law at Temple University in Rome and also pursued a second law degree in the European civil law system at the University of Naples Federico II.
Since 1983, Mario practiced law from his law firm in Jamesburg, NJ where he effectively represented his clients. In fact, Mario was a renowned defense attorney who earned the distinction of winning a landmark case before the New Jersey Supreme Court. During his legal career, Mario also served his community as a municipal prosecutor and as police commissioner. He also had recently been admitted to practice law by the State Bar of California.
Mario had a passion for the arts. He was an avid reader, writer, and singer. He composed and played beautiful songs on the guitar. Additionally, Mario was a talented soccer player who played competitively since a young age.
He was predeceased by his parents Alberto and Lucia (DeLieto) Apuzzo.
Mario is the beloved spouse of over twenty years to Doris Apuzzo, a former Superior Court Judge from Lima, Peru and dedicated and loving father to his 19-year-old son, Mario Apuzzo, Jr who is a full-time undergraduate student in the University of Southern California. His older brother, Renato, lives in Castellammare di Stabia, Italy. Mario’s family is eternally proud of his legacy. His life will never be forgotten by his family, friends, colleagues, and clients.
Funeral services will begin 9:30 a.m. Saturday October 16th at the Lester Memorial Home, 16 W. Church St., Jamesburg NJ, followed by a 10 a.m. funeral liturgy at St. James the Less RC Church, 36 Lincoln Avenue, Jamesburg.
Committal and cremation will be at Holy Cross Burial Park Crematory, East Brunswick.
Visiting hours for family and friends will be Friday 5-9 p.m. and Saturday 8:30-9:30 a.m. at the funeral home.
Here is another obituary for Mario Apuzzo published via Echovita’s.
With heavy hearts, we announce the death of Mario Apuzzo of Jamesburg, New Jersey, who passed away on October 10, 2021 at the age of 65. Family and friends can send flowers and condolences in memory of the loved one. Leave a sympathy message to the family on the memorial page of Mario Apuzzo to pay them a last tribute.
He was predeceased by : his parents, Alberto Apuzzo and Lucia Apuzzo (DeLieto). He is survived by : his wife Doris Apuzzo; his son Mario Apuzzo, Jr.; and his brother Renato.
Visitation will be held on Friday, October 15th 2021 from 5:00 PM to 9:00 PM and on Saturday, October 16th 2021 from 8:30 AM to 9:30 AM at:
LESTER MEMORIAL HOME: 16 Church St. West, Jamesburg, NJ 08831 (By Church St West and Gatzmer Ave) Telephone#: 732-521-0020
A funeral service will be held on Saturday, October 16th 2021 at 10:00 AM at the St. James RC Church (36 Lincoln Ave, Jamesburg, NJ 08831). A committal service will be held on Saturday, October 16th 2021 at 11:00 AM at the Chapel Committal and Cremation Holy Cross Burial Park (840 Cranbury South River Rd, Monroe Township, NJ 08831).
It is with deepest sorrow that I make this announcement. The nation has lost a great constitutional scholar, attorney, and patriot – especially in regards to his efforts to support and defend Article II Section 1 Clause 5, the presidential eligibility clause. He was a giant in that field of constitutional law. I have also lost a good friend.
If you knew Mario, and/or would like to share your thoughts, please feel free to use the comments link.
CDR Kerchner (Ret)'s Blog 
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