CDR Kerchner (Ret)'s Blog

September 17, 2013

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 Not! | by CDR Charles Kerchner (Ret)

Constitution Day – 17 Sep 2013: A Lesson from History. Is Being Born a Citizen (Citizen at/by Birth) of the United States of Sufficient Citizenship Status to be President of the United States and Commander in Chief of Our Military? The Founders and Framers Emphatically Decided … It Was Not!

By: CDR Charles F. Kerchner, Jr., (Retired)
17 September 2013 – Constitution Day

During the process of developing a new U.S. Constitution Alexander Hamilton submitted a suggested draft for a Constitution on June 18, 1787. At some point, he also suggested to the framers a proposal for the qualification requirements in Article II as to the necessary Citizenship status for the office of President and Commander in Chief of the Military.

Alexander Hamilton’s suggested presidential eligibility clause:

“No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States.”

Many of the founders and framers had a fear of foreign influence on the person who would in the future be President of the United States since this particular office was singularly and uniquely powerful under the proposed new Constitution. The President was also to be the Commander in Chief of the military. This fear of foreign influence on a future President and Commander in Chief was particularly strongly felt by John Jay, who later became the first Chief Justice of the U.S. Supreme Court. He felt so strongly about the issue of potential foreign influence that he took it upon himself to draft a letter to General George Washington, the presiding officer of the Constitutional Convention, recommending/hinting that the framers should strengthen the Citizenship requirements. John Jay was an avid reader and proponent of natural law and particularly Vattel’s codification of Natural Law and the Law of Nations. In his letter to Washington he said that the Citizenship requirement for the office of the commander of our armies should contain a “strong check” against foreign influence and he recommended to Washington that the command of the military be open only to a “natural born Citizen”. Thus Jay did not agree that simply being a “born Citizen” or “born a Citizen” was sufficient enough protection from foreign influence in the singular most powerful office in the new form of government. He wanted another adjective added to the eligibility clause, i.e., ‘natural’. And that word natural goes to the Citizenship status of one’s parents, both of them, when their child is born, as per natural law.

The below is the relevant proposed change language from Jay’s letter which he proposed to strengthen the citizenship requirements in Article II and to require more than just being a “born Citizen” of the United States to serve as a future Commander in Chief and President.

John Jay wrote in a letter to George Washington dated 25 Jul 1787:

“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen. “

See a transcription of Jay’s letter to Washington at this link. This letter from Jay was written on July 25, 1787. General Washington passed on the recommendation from Jay to the convention and it was adopted in the final draft and was accepted adding the adjective “natural” making it “natural born Citizen of the United States” for future Presidents and Commanders in Chief of the military, rather than Hamilton’s proposed “born a Citizen”. Thus Article II, Section 1, Clause 5 of the U.S. Constitution, the fundamental law of our nation reads:

Article II, Section 1, Clause 5 of U.S. Constitution as adopted 17 Sep 1787:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

There you have the crux of the issue now before the nation and the answer.

Hamilton’s suggested presidential citizenship eligibility requirement was that a Citizen simply had to be ‘born a Citizen’ of the USA, i.e., a Citizen by Birth. But that citizenship status was rejected by the framers as insufficient. Instead of allowing any person “born a citizen” to be President and Commander of the military, the framers chose to adopt the more stringent requirement recommended by John Jay, i.e., requiring the Citizen to be a “natural born Citizen“, to block any chance of the person with foreign allegiances or claims on their allegiance at birth from becoming President and Commander of the Military. No person having any foreign influence or claim of allegiance on them at birth could serve as a future President. The person must be a “natural born citizen” with unity of citizenship and sole allegiance to the United States at birth.

Jay’s proposal recommended clause added the additional adjective before “born Citizen” that was proposed by Hamilton. And that word and adjective “natural” means something special from the laws of nature that modifies just being born a Citizen of the USA such as being simply born on the soil of the United States. Natural means from nature by the facts of nature of one’s birth. Not created retroactively after the fact by a man-made law. A natural born Citizen needs no man-made law to bestow Citizenship on them. The added adjective “natural” comes from Natural Law which is recognized the world over as universal law and which is the foundation of the Law of Nations which was codified by Vattel in 1758 in his preeminent legal treatise used by the founders, The Law of Nations or Principles of Natural Law. In Vol.1 Chapter 19 of Vattel’s Law of Nations, the “Des citoyens et naturels“, Vattel in Section 212 explains to us (the French term “naturels” was translated to English in 1781 in the Journal of the Continental Congress and in the 1797 English edition of Vattel), to tell us that the “natural born Citizens” are those born in the country to parents (plural) who are Citizens of the country when their child is born. These are the natural Citizens of the nation per universal principles of natural law for which no man-made law is necessary to explain or justify. Such a person, a natural born Citizen, is born with unity of Citizenship and sole allegiance at birth due to having been both born on the soil AND being born to two Citizen parents. The person who would be President must be a second generation American with no foreign claims of allegiance on them at birth under the law of nations and natural law, the child of two Citizens and born in the USA. This is a much stronger check to foreign influence than simply being born a Citizen say on the soil of the USA but with one or the other parent being a foreigner, such as is the case of Obama. The situation with Obama’s birth Citizenship status is exactly the problem that the founders and framers did not want. They did not want the child of a foreign national, non-U.S. citizen serving as President and Commander of our military. This was a national security concern to them. And it is a national security concern now.

Another founder of our nation and great historian of the American Revolution named David Ramsay contemporaneously defined in a 1789 essay what the term “natural born Citizen” means. Read a copy of Ramsay’s original dissertation at this link. Other research papers from history on the term “natural born Citizen” published long before the current controversy was created by the 2008 election debacle can be read at this link. The paper by Breckenridge Long in 1916 is a particularly good one.

Barack Hussein Obama II may or may not be a born Citizen of the USA depending on what the 1961 contemporaneous birth registration documents sealed in Hawaii reveal. And Americans have good reason to be greatly concerned about the truth as to where he was physically born as opposed to where his birth may have been falsely registered by his maternal grandmother as occurring in Hawaii as this Catalog of Evidence details. But he can never be a “natural born Citizen of the United States” since his father was a foreigner, a British Subject who was never a U.S. Citizen and was not even an immigrant to the USA. Since his father was a British Subject and not a U.S. Citizen when Obama was born, Obama was born a British Subject. The founders and framers are probably rolling over in their graves knowing this person was sworn in as the putative President and Commander of our military.

The founders rejected acquisition of Citizenship by birth on the soil without consideration as to who were the parents. That is clear from the history and evolution of the writing the eligibility clause in Article II, Section 1, Clause 5, which specifies who can be President and Commander in Chief of the military.

So, can a “born Citizen” be President of the USA? The answer is a resounding NO per the founders and framers. Being a “born Citizen the United States” is a necessary but NOT sufficient part of being a “natural born Citizen of the United States”. Natural born Citizens are a subset of “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/  Only a “natural born Citizen” can be the President of the USA and Commander in Chief of our military. Obama is not a natural born Citizen of the USA and is thus constitutionally eligible (to constitutional standards) to serve as President and Commander in Chief of the military.

SBTP Dolly Madison Quote du Jour,
” The Constitution was signed  September 17, 1787, by 39 brave men who changed the world.”

HAPPY CONSTITUTION DAY!

CDR Charles Kerchner (Ret)
https://cdrkerchner.wordpress.com
http://www.protectourliberty.org

P.S. Here is a chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.
P.P.S. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.
P.P.S. Also read this essay regarding the legal term of art “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)” 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/ … AND … http://www.art2superpac.com/issues.html

September 17, 2012

Constitution Day – 17 Sep 2012: 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 Not! | by CDR Charles Kerchner (Ret)

Constitution Day – 17 Sep 2012: A Lesson from History. Is Being a Born Citizen of the United States of Sufficient Citizenship Status to be President of the United States and Commander in Chief of Our Military? The Founders and Framers Emphatically Decided … It Was Not!

By: CDR Charles F. Kerchner, Jr., (Retired)
17 September 2012 – Constitution Day

During the process of developing a new U.S. Constitution Alexander Hamilton submitted a suggested draft for a Constitution on June 18, 1787. He also submitted to the framers a proposal for the qualification requirements in Article II as to the necessary Citizenship status for the office of President and Commander in Chief of the Military.

Alexander Hamilton’s suggested presidential eligibility clause:

“No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States.”

Many of the founders and framers had a fear of foreign influence on the person who would in the future be President of the United States since this particular office was singularly and uniquely powerful under the proposed new Constitution. The President was also to be the Commander in Chief of the military. This fear of foreign influence on a future President and Commander in Chief was particularly strongly felt by John Jay, who later became the first Chief Justice of the U.S. Supreme Court. He felt so strongly about the issue of potential foreign influence that he took it upon himself to draft a letter to General George Washington, the presiding officer of the Constitutional Convention, recommending/hinting that the framers should strengthen the Citizenship requirements. John Jay was an avid reader and proponent of natural law and particularly Vattel’s codification of natural law and the Law of Nations. In his letter to Washington he said that the Citizenship requirement for the office of the commander of our armies should contain a “strong check” against foreign influence and he recommended to Washington that the command of the military be open only to a “natural born Citizen”. Thus Jay did not agree that simply being a “born Citizen” was sufficient enough protection from foreign influence in the singular most powerful office in the new form of government. He wanted another adjective added to the eligibility clause, i.e., ‘natural’. And that word natural goes to the Citizenship status of one’s parents via natural law.

The below is the relevant proposed change language from Jay’s letter which he proposed to strengthen the citizenship requirements in Article II and to require more than just being a “born Citizen” of the United States to serve as a future Commander in Chief and President.

John Jay wrote in a letter to George Washington dated 25 Jul 1787:

“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen. “

See a transcription of Jay’s letter to Washington at this link. This letter from Jay was written on July 25, 1787. General Washington passed on the recommendation from Jay to the convention and it was adopted in the final draft and was accepted adding the adjective “natural” making it “natural born Citizen of the United States” for future Presidents and Commanders in Chief of the military, rather than Hamilton’s proposed “born a Citizen”. Thus Article II, Section 1, Clause 5 of the U.S. Constitution, the fundamental law of our nation reads:

Article II, Section 1, Clause 5 of U.S. Constitution as adopted 17 Sep 1787:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

There you have the crux of the issue now before the nation and the answer.

Hamilton’s suggested presidential citizenship eligibility requirement was that a Citizen simply had to be ‘born a Citizen’ of the USA, i.e., a Citizen by Birth. But that citizenship status was rejected by the framers as insufficient. Instead of allowing any person “born a citizen” to be President and Commander of the military, the framers chose to adopt the more stringent requirement recommended by John Jay, i.e., requiring the Citizen to be a “natural born Citizen“, to block any chance of the person with foreign allegiances or claims on their allegiance at birth from becoming President and Commander of the Military. No person having any foreign influence or claim of allegiance on them at birth could serve as a future President. The person must be a “natural born citizen” with unity of citizenship and sole allegiance to the United States at birth.

Jay’s proposal recommended clause added the additional adjective before “born Citizen” that was proposed by Hamilton. And that word and adjective “natural” means something special from the laws of nature that modifies just being born a Citizen of the USA such as being simply born on the soil of the United States. Natural means from nature by the facts of nature of one’s birth. Not created retroactively after the fact by a man-made law. A natural born Citizen needs no man-made law to bestow Citizenship on them. The added adjective “natural” comes from Natural Law which is recognized the world over as universal law and which is the foundation of the Law of Nations which was codified by Vattel in 1758 in his preeminent legal treatise used by the founders, The Law of Nations or Principles of Natural Law. In Vol.1 Chapter 19 of Vattel’s Law of Nations, the “Des citoyens et naturels“, Vattel in Section 212 explains to us (the French term “naturels” was translated to English in 1781 in the Journal of the Continental Congress and in the 1797 English edition of Vattel), to tell us that the “natural born Citizens” are those born in the country to parents (plural) who are Citizens of the country when their child is born. These are the natural Citizens of the nation per universal principles of natural law for which no man-made law is necessary to explain or justify. Such a person, a natural born Citizen, is born with unity of Citizenship and sole allegiance at birth due to having been both born on the soil AND being born to two Citizen parents. The person who would be President must be a second generation American with no foreign claims of allegiance on them at birth under the law of nations and natural law, the child of two Citizens and born in the USA. This is a much stronger check to foreign influence than simply being born a Citizen say on the soil of the USA but with one or the other parent being a foreigner, such as is the case of Obama. The situation with Obama’s birth Citizenship status is exactly the problem that the founders and framers did not want. They did not want the child of a foreign national, non-U.S. citizen serving as President and Commander of our military. This was a national security concern to them. And it is a national security concern now.

Another founder of our nation and great historian of the American Revolution named David Ramsay contemporaneously defined in a 1789 essay what the term “natural born Citizen” means. Read a copy of Ramsay’s original dissertation at this link. Other research papers from history on the term “natural born Citizen” published long before the current controversy was created by the 2008 election debacle can be read at this link. The paper by Breckenridge Long in 1916 is a particularly good one.

Barack Hussein Obama II may or may not be a born Citizen of the USA depending on what the 1961 contemporaneous birth registration documents sealed in Hawaii reveal. And Americans have good reason to be greatly concerned about the truth as to where he was physically born as opposed to where his birth may have been falsely registered by his maternal grandmother as occurring in Hawaii as this Catalog of Evidence details. But he can never be a “natural born Citizen of the United States” since his father was a foreigner, a British Subject who was never a U.S. Citizen and was not even an immigrant to the USA. Since his father was a British Subject and not a U.S. Citizen when Obama was born, Obama was born a British Subject. The founders and framers are probably rolling over in their graves knowing this person was sworn in as the putative President and Commander of our military.

The founders rejected acquisition of Citizenship by birth on the soil without consideration as to who were the parents. That is clear from the history and evolution of the writing the eligibility clause in Article II, Section 1, Clause 5, which specifies who can be President and Commander in Chief of the military.

So, can a “born Citizen” be President of the USA? The answer is a resounding NO per the founders and framers. Being a “born Citizen the United States” is a necessary but NOT sufficient part of being a “natural born Citizen of the United States”. But only a “natural born Citizen” can be the President of the USA. Obama is not constitutionally eligible (to constitutional standards) to serve as President and Commander in Chief of the military.

SBTP Dolly Madison Quote du Jour,
” The Constitution was signed  September 17, 1787, by 39 brave men who changed the world.”

HAPPY CONSTITUTION DAY!

CDR Charles Kerchner (Ret)
https://cdrkerchner.wordpress.com
http://www.protectourliberty.org

P.S. Here is a chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.
P.P.S. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.

January 9, 2012

How Obama’s Enablers Mislead the Public on the Meaning of an Article II “Natural Born” Citizen | by Attorney Mario Apuzzo

Click image to read more of Atty Mario Apuzzo's writings Article II Section 1, the presidential eligibility clause

How Obama’s Enablers Mislead the Public on the Meaning of an Article II “Natural Born” Citizen | by Attorney Mario Apuzzo

Read the full essay and report here:  http://puzo1.blogspot.com/2012/01/how-obamas-enablers-mislead-public-on.html

# # # #

Barack Obama is NOT a “natural born Citizen of the United States” and is thus constitutionally ineligible to be the President and Commander in Chief of our military. Obama was born to a FOREIGN NATIONAL FATHER who was NEVER a U.S. Citizen nor was Obama’s father even an immigrant to the USA or even a permanent resident in the USA.  For no other U.S. President in the history of the nation since the founding generation (who were exempt from the natural born Citizen clause in the U.S.  Constitution via a grandfather clause in Article II Section 1) was that the case, i.e., having a foreign national father who was never a U.S. Citizen or even an immigrant to this country. Obama being seated as the putative president is an outrageous violation of Article II Section 1 of the U.S. Constitution, the presidential eligibility clause.  Obama was not born with sole allegiance to the USA. Sole allegiance and unity of Citizenship at birth was the goal and purpose for putting the natural born Citizen clause into Article II Section 1 of the Constitution as to who could serve as president once the founding generation has passed away.  Obama (II) was born a British Subject via his foreign national father Obama (Sr.) who was a British Subject.   Obama is not a “natural born Citizen of the United States” to constitutional standards since he was born with dual allegiance and citizenship.  The founders and framers did not want anyone with foreign allegiance to ever get command of our military, i.e., be the president. Obama is constitutionally not eligible to be president and commander in chief of our military.

Adjectives mean something.  A “Citizen at Birth” is not logically identically equal to a “natural born Citizen at Birth”. Barack Obama may be a ‘Citizen of the United States’  but he is not a ‘natural born Citizen of the United States’ and does not meet the constitutional standards as to who can be the President and Commander in Chief of our military: http://puzo1.blogspot.com/2010/03/obama-maybe-citizen-of-united-states.html

The natural born Citizen clause in our Constitution is a national security clause inserted into our Constitution by John Jay and George Washington.  Read why the natural born Citizen clause is still important and worth protecting.

Five Citizenship Terms Mentioned 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 

Of Trees and Plants and Basic Logic and Citizenship Types: http://www.scribd.com/doc/44814496/Of-Trees-and-Plants-and-Basic-Logic-Citizen-at-Birth-NOT-Identical-to-Natural-Born-Citizen

See evidence Obama forged the birth certificate posted on White House servers 27 Apr 2011: http://www.scribd.com/collections/3166684

See evidence Obama is using a SSN 042-68-4425 not legally issued to him: http://www.scribd.com/collections/3260742

See evidence of Obama’s forged and back dated draft registration here: http://www.debbieschlussel.com/4428/exclusive-did-next-commander-in-chief-falsify-selective-service-registration-never-actually-register-obamas-draft-registration-raises-serious-questions/

This is not a fringe issue!  South Carolina Poll Results – A poll done by Public Policy Polling (PPP) shows that almost 2/3 of GOP voters want Obama’s constitutional eligibility and true legal identity investigated. This is not a fringe issue: http://www.wnd.com/index.php?fa=PAGE.printable&pageId=340805

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/

“The American people will never knowingly adopt Socialism. But under the name of liberalism they will adopt every fragment of the Socialist program, until one day America will be a Socialist nation without knowing how it happened.” Ronald Reagan alerting us to Norman Thomas’ and the socialist/progressive’s long-term stealth agenda to transform the USA from a constitutional republic into a top-down, central controlled, socialist form of government

September 17, 2011

Constitution Day 2011: 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 Not! | by CDR Charles Kerchner (Ret)

Constitution Day 2011: A Lesson from History. Is Being a Born Citizen of the United States of Sufficient Citizenship Status to be President of the United States and Commander in Chief of Our Military? The Founders and Framers Emphatically Decided … It Was Not!

By: CDR Charles F. Kerchner, Jr., (Retired)
Lead Plaintiff for the Kerchner et al v Obama & Congress et al Lawsuit
17 September 2011 – Constitution Day

During the process of developing a new U.S. Constitution Alexander Hamilton submitted a suggested draft for a Constitution on June 18, 1787. He also submitted to the framers a proposal for the qualification requirements in Article II as to the necessary Citizenship status for the office of President and Commander in Chief of the Military.

Alexander Hamilton’s suggested presidential eligibility clause:

“No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States.”

Many of the founders and framers had a fear of foreign influence on the person who would in the future be President of the United States since this particular office was singularly and uniquely powerful under the proposed new Constitution. The President was also to be the Commander in Chief of the military. This fear of foreign influence on a future President and Commander in Chief was particularly strongly felt by John Jay, who later became the first Chief Justice of the U.S. Supreme Court. He felt so strongly about the issue of potential foreign influence that he took it upon himself to draft a letter to General George Washington, the presiding officer of the Constitutional Convention, recommending/hinting that the framers should strengthen the Citizenship requirements. John Jay was an avid reader and proponent of natural law and particularly Vattel’s codification of natural law and the Law of Nations. In his letter to Washington he said that the Citizenship requirement for the office of the commander of our armies should contain a “strong check” against foreign influence and he recommended to Washington that the command of the military be open only to a “natural born Citizen”. Thus Jay did not agree that simply being a “born Citizen” was sufficient enough protection from foreign influence in the singular most powerful office in the new form of government. He wanted another adjective added to the eligibility clause, i.e., ‘natural’. And that word natural goes to the Citizenship status of one’s parents via natural law.

The below is the relevant proposed change language from Jay’s letter which he proposed to strengthen the citizenship requirements in Article II and to require more than just being a “born Citizen” of the United States to serve as a future Commander in Chief and President.

John Jay wrote in a letter to George Washington dated 25 Jul 1787:

“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen. “

See a transcription of Jay’s letter to Washington at this link. This letter from Jay was written on July 25, 1787. General Washington passed on the recommendation from Jay to the convention and it was adopted in the final draft and was accepted adding the adjective “natural” making it “natural born Citizen of the United States” for future Presidents and Commanders in Chief of the military, rather than Hamilton’s proposed “born a Citizen”. Thus Article II, Section 1, Clause 5 of the U.S. Constitution, the fundamental law of our nation reads:

Article II, Section 1, Clause 5 of U.S. Constitution as adopted 17 Sep 1787:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

There you have the crux of the issue now before the nation and the answer.

Hamilton’s suggested presidential citizenship eligibility requirement was that a Citizen simply had to be ‘born a Citizen’ of the USA, i.e., a Citizen by Birth. But that citizenship status was rejected by the framers as insufficient. Instead of allowing any person “born a citizen” to be President and Commander of the military, the framers chose to adopt the more stringent requirement recommended by John Jay, i.e., requiring the Citizen to be a “natural born Citizen“, to block any chance of the person with foreign allegiances or claims on their allegiance at birth from becoming President and Commander of the Military. No person having any foreign influence or claim of allegiance on them at birth could serve as a future President. The person must be a “natural born citizen” with unity of citizenship and sole allegiance to the United States at birth.

Jay’s proposal recommended clause added the additional adjective before “born Citizen” that was proposed by Hamilton. And that word and adjective “natural” means something special from the laws of nature that modifies just being born a Citizen of the USA such as being simply born on the soil of the United States. Natural means from nature by the facts of nature of one’s birth. Not created retroactively after the fact by a man-made law. A natural born Citizen needs no man-made law to bestow Citizenship on them. The added adjective “natural” comes from Natural Law which is recognized the world over as universal law and which is the foundation of the Law of Nations which was codified by Vattel in 1758 in his preeminent legal treatise used by the founders, The Law of Nations or Principles of Natural Law. In Vol.1 Chapter 19 of Vattel’s Law of Nations, the “Des citoyens et naturels“, Vattel in Section 212 explains to us (the French term “naturels” was translated to English in 1781 in the Journal of the Continental Congress and in the 1797 English edition of Vattel), to tell us that the “natural born Citizens” are those born in the country to parents (plural) who are Citizens of the country when their child is born. These are the natural Citizens of the nation per universal principles of natural law for which no man-made law is necessary to explain or justify. Such a person, a natural born Citizen, is born with unity of Citizenship and sole allegiance at birth due to having been both born on the soil AND being born to two Citizen parents. The person who would be President must be a second generation American with no foreign claims of allegiance on them at birth under the law of nations and natural law, the child of two Citizens and born in the USA. This is a much stronger check to foreign influence than simply being born a Citizen say on the soil of the USA but with one or the other parent being a foreigner, such as is the case of Obama. The situation with Obama’s birth Citizenship status is exactly the problem that the founders and framers did not want. They did not want the child of a foreign national, non-U.S. citizen serving as President and Commander of our military. This was a national security concern to them. And it is a national security concern now.

Another founder of our nation and great historian of the American Revolution named David Ramsay contemporaneously defined in a 1789 essay what the term “natural born Citizen” means. Read a copy of Ramsay’s original dissertation at this link. Other research papers from history on the term “natural born Citizen” published long before the current controversy was created by the 2008 election debacle can be read at this link. The paper by Breckenridge Long in 1916 is a particularly good one.

Barack Hussein Obama II may or may not be a born Citizen of the USA depending on what the 1961 contemporaneous birth registration documents sealed in Hawaii reveal. And Americans have good reason to be greatly concerned about the truth as to where he was physically born as opposed to where his birth may have been falsely registered by his maternal grandmother as occurring in Hawaii as this Catalog of Evidence details. But he can never be a “natural born Citizen of the United States” since his father was a foreigner, a British Subject who was never a U.S. Citizen and was not even an immigrant to the USA. Since his father was a British Subject and not a U.S. Citizen when Obama was born, Obama was born a British Subject. The founders and framers are probably rolling over in their graves knowing this person was sworn in as the putative President and Commander of our military.

The founders rejected acquisition of Citizenship by birth on the soil without consideration as to who were the parents. That is clear from the history and evolution of the writing the eligibility clause in Article II, Section 1, Clause 5, which specifies who can be President and Commander in Chief of the military.

So, can a “born Citizen” be President of the USA? The answer is a resounding NO per the founders and framers. Being a “born Citizen the United States” is a necessary but NOT sufficient part of being a “natural born Citizen of the United States”. But only a “natural born Citizen” can be the President of the USA. Obama is not constitutionally eligible (to constitutional standards) to serve as President and Commander in Chief of the military.

SBTP Dolly Madison Quote du Jour,
” The Constitution was signed  September 17, 1787, by 39 brave men who changed the world.”

HAPPY CONSTITUTION DAY!

CDR Charles F. Kerchner, Jr., (Ret)
Lead Plaintiff, Kerchner et al v Obama & Congress et al
http://www.protectourliberty.org
http://puzo1.blogspot.com

P.S. Here is a chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.
P.P.S. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.

September 17, 2010

Is Being a Born Citizen of the United States Sufficient Citizenship Status to be President? The Founders and Framers Emphatically Decided It Was Not!

Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com:  Friday, September 17, 2010 @ 11:51 PM

Is Being a Born Citizen of the United States Sufficient Citizenship Status to be President? The Founders and Framers Emphatically Decided It Was Not!

Is Being a Born Citizen of the United States of Sufficient Citizenship Status to be President of the United States and Commander in Chief of Our Military? The Founders and Framers Emphatically Decided It Was Not!

By: CDR Charles F. Kerchner, Jr., (Retired)
Lead Plaintiff, Kerchner et al v Obama & Congress et al
17 September 2010 – Constitution Day

During the process of developing a new U.S. Constitution Alexander Hamilton submitted a suggested draft for a Constitution on June 18, 1787. He also submitted to the framers a proposal for the qualification requirements in Article II as to the necessary Citizenship status for the office of President and Commander in Chief of the Military.

Alexander Hamilton’s suggested presidential eligibility clause:

“No person shall be eligible to the office of President of the United States unless he be now a Citizen of one of the States, or hereafter be born a Citizen of the United States.”

Many of the founders and framers had a fear of foreign influence on the person who would in the future be President of the United States since this particular office was singularly and uniquely powerful under the proposed new Constitution. The President was also to be the Commander in Chief of the military. This fear of foreign influence on a future President and Commander in Chief was particularly strongly felt by John Jay, who later became the first Chief Justice of the U.S. Supreme Court. He felt so strongly about the issue of potential foreign influence that he took it upon himself to draft a letter to General George Washington, the presiding officer of the Constitutional Convention, recommending/hinting that the framers should strengthen the Citizenship requirements. John Jay was an avid reader and proponent of natural law and particularly Vattel’s codification of natural law and the Law of Nations. In his letter to Washington he said that the Citizenship requirement for the office of the commander of our armies should contain a “strong check” against foreign influence and he recommended to Washington that the command of the military be open only to a “natural born Citizen”. Thus Jay did not agree that simply being a “born Citizen” was sufficient enough protection from foreign influence in the singular most powerful office in the new form of government. He wanted another adjective added to the eligibility clause, i.e., ‘natural’. And that word natural goes to the Citizenship status of one’s parents via natural law.

The below is the relevant proposed change language from Jay’s letter which he proposed to strengthen the citizenship requirements in Article II and to require more than just being a “born Citizen” of the United States to serve as a future Commander in Chief and President.

John Jay wrote in a letter to George Washington dated 25 Jul 1787:

“Permit me to hint, whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen. “

See a transcription of Jay’s letter to Washington at this link. This letter from Jay was written on July 25, 1787. General Washington passed on the recommendation from Jay to the convention and it was adopted in the final draft and was accepted adding the adjective “natural” making it “natural born Citizen of the United States” for future Presidents and Commanders in Chief of the military, rather than Hamilton’s proposed “born a Citizen”. Thus Article II, Section 1, Clause 5 of the U.S. Constitution, the fundamental law of our nation reads:

Article II, Section 1, Clause 5 of U.S. Constitution as adopted 17 Sep 1787:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

There you have the crux of the issue now before the nation and the answer.

Hamilton’s suggested presidential citizenship eligibility requirement was that a Citizen simply had to be ‘born a Citizen’ of the USA, i.e., a Citizen by Birth. But that citizenship status was rejected by the framers as insufficient. Instead of allowing any person “born a citizen” to be President and Commander of the military, the framers chose to adopt the more stringent requirement recommended by John Jay, i.e., requiring the Citizen to be a “natural born Citizen“, to block any chance of the person with foreign allegiances or claims on their allegiance at birth from becoming President and Commander of the Military. No person having any foreign influence or claim of allegiance on them at birth could serve as a future President. The person must be a “natural born citizen” with unity of citizenship and sole allegiance to the United States at birth.

Jay’s proposal recommended clause added the additional adjective before “born Citizen” that was proposed by Hamilton. And that word and adjective “natural” means something special from the laws of nature that modifies just being born a Citizen of the USA such as being simply born on the soil of the United States. Natural means from nature by the facts of nature of one’s birth. Not created retroactively after the fact by a man-made law. A natural born Citizen needs no man-made law to bestow Citizenship on them. The added adjective “natural” comes from Natural Law which is recognized the world over as universal law and which is the foundation of the Law of Nations which was codified by Vattel in 1758 in his preeminent legal treatise used by the founders, The Law of Nations or Principles of Natural Law. In Vol.1 Chapter 19 of Vattel’s Law of Nations, the “Des citoyens et naturels“, Vattel in Section 212 explains to us (as it was translated to English in the 1797 edition) that the “natural born Citizens” are those born in the country to parents (plural) who are Citizens of the country when their child is born. These are the natural Citizens of the nation per universal principles of natural law for which no man-made law is necessary to explain or justify. Such a person, a natural born Citizen, is born with unity of Citizenship and sole allegiance at birth due to having been both born on the soil AND being born to two Citizen parents. The person who would be President must be a second generation American with no foreign claims of allegiance on them at birth under the law of nations and natural law, the child of two Citizens and born in the USA. This is a much stronger check to foreign influence than simply being born a Citizen say on the soil of the USA but with one or the other parent being a foreigner, such as is the case of Obama. The situation with Obama’s birth Citizenship status is exactly the problem that the founders and framers did not want. They did not want the child of a foreign national, non-U.S. citizen serving as President and Commander of our military. This was a national security concern to them. And it is a national security concern now.

Another founder of our nation and great historian of the American Revolution named David Ramsay contemporaneously defined in a 1789 essay what the term “natural born Citizen” means. Read a copy of Ramsay’s original dissertation at this link. Other research papers from history on the term “natural born Citizen” published long before the current controversy was created by the 2008 election debacle can be read at this link. The paper by Breckenridge Long in 1916 is a particularly good one.

Barack Hussein Obama II may or may not be a born Citizen of the USA depending on what the 1961 contemporaneous birth registration documents sealed in Hawaii reveal. And Americans have good reason to be greatly concerned about the truth as to where he was physically born as opposed to where his birth may have been falsely registered by his maternal grandmother as occurring in Hawaii as this Catalog of Evidence details. But he can never be a “natural born Citizen of the United States” since his father was a foreigner, a British Subject who was never a U.S. Citizen and was not even an immigrant to the USA. Since his father was a British Subject and not a U.S. Citizen when Obama was born, Obama was born a British Subject. The founders and framers are probably rolling over in their graves knowing this person was sworn in as the putative President and Commander of our military.

The founders rejected acquisition of Citizenship by birth on the soil without consideration as to who were the parents. That is clear from the history and evolution of the writing the eligibility clause in Article II, Section 1, Clause 5, which specifies who can be President and Commander in Chief of the military.

So, can a “born Citizen” be President of the USA? The answer is a resounding NO per the founders and framers. Being a “born Citizen the United States” is a necessary but NOT sufficient part of being a “natural born Citizen of the United States”. But only a “natural born Citizen” can be the President of the USA. Obama is not constitutionally eligible (to constitutional standards) to serve as President and Commander in Chief of the military.

CDR Charles F. Kerchner, Jr., (Ret)
Lead Plaintiff, Kerchner et al v Obama & Congress et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

P.S. Here is a chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.
P.P.S. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.

####

August 8, 2010

Ad – Citizen vs “natural born Citizen” – with Obama It’s Don’t Ask, Don’t Tell – 09 Aug 2010 issue Wash Times Natl Wkly – pg 5

Originally Written & Posted Online by CDR Kerchner @ Puzo1.BlogSpot.com:  Sunday, August 8, 2010 @ 10:48 PM

Ad – Citizen vs “natural born Citizen” – with Obama It’s Don’t Ask, Don’t Tell – 09 Aug 2010 issue Wash Times Natl Wkly – pg 5

Ad Headline: “Citizen” vs “natural born Citizen” – with Obama’s constitutional eligibility question and exact citizenship status, it’s “Don’t Ask, Don’t Tell”
Printed in: 09 Aug 2010 issue Washington Times National Weekly – pg 5Link to Ad: http://www.scribd.com/doc/35576879/Citizen-v-natural-born-Citizen-It-s-Don-t-Ask-Don-t-Tell-20100809-issue-Wash-Times-Natl-Wkly-pg-5

Adjectives mean something. Obama was possibly born a “Citizen of the United States” but he was NOT born a “natural born Citizen of the United States” to constitutional standards: http://puzo1.blogspot.com/2010/03/obama-maybe-citizen-of-united-states.html

Obama probably was Not Born in Hawaii – The Evidence: http://puzo1.blogspot.com/2010/05/catalog-of-evidence-concerned-americans.html and http://www.scribd.com/document_collections/2441535

The Cover-up: http://puzo1.blogspot.com/2010/01/i-believe-fix-was-in-for-2008-election.html

Please Cast Your Votes to Help the Cause

1st: Vote for Mario to be a Guest: Please add your vote here in addition to making a comment if desired to get Attorney Mario Apuzzo on the air with the Judge Andrew Napolitano to discuss this issue. Go to this link and click on the vote button and cast 3 of your 10 votes for Mario Apuzzo. 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 in addition to making a comment for this new TV Show topic suggested by JTX at the Judge Andrew Napolitano “Freedom Watch” TV show suggestion forum. Go to this link and click on the vote button and cast 3 of your 10 votes for the show topic to be “natural born Citizenship”. Vote for the new show topic idea at this link:
http://freedomwatch.uservoice.com/forums/16625-freedom-watch-show-ideas/suggestions/969299-natural-born-citizen-meaning-in-natural-law-s?ref=title

———————

A comment and statement from CDR Charles Kerchner (Ret) …
Every military order Barack Obama gives as Commander-in-Chief, every bill he signs into law, and every executive decision and order he makes while unconstitutionally seated in the Office of President, is unconstitutional, and hence illegal. Obama is NOT an Article II “natural born Citizen of the United States” to constitutional standards. Adjectives mean something. And the term “natural born” in front of “Citizen of the United States” meant something very special to the founders of this nation and the framers of the Constitution. It meant birth with sole allegiance and claims on the person at birth by one and only one country, the United States. And that meaning via the words of Vattel codifying natural law has been cited in many Supreme Court decisions as being from the words of Emer de Vattel’s preeminent legal treatise of the founding time period, The Law of Nations or Principles of Natural Law. This legal book was used by the founders of our country such as Benjamin Franklin, Thomas Jefferson, John Jay, and George Washington. Vattel defined a “natural born Citizen” via natural law as a person who is born in the country to two parents who are Citizens of that country. Obama’s father was not a Citizen, he was not even an immigrant to this country, and in fact Obama’s father was not even a permanent resident in this country. He was a British Subject and a sojourning alien visitor to this country here to attend college. He never had an intent to become a Citizen of this country. Thus his son Barack Hussein Obama II was born a British Subject from his father per the British Nationality Act of 1948 which governed Obama at his birth, no matter where he was born to a British Subject. Obama was born a British Subject with dual allegiances to more than one country and thus he can never be considered to be an “natural born Citizen” of any country.

The U.S. Courts and the Congress MUST address the merits of the charges against Obama for this constitutional issue, and if he is not who he says he is as this lawsuit alleges, they must constitutionally remove Barack Obama or he must resign, in order to preserve, protect, and defend the Constitution of the United States, the fundamental law of our land. We are a nation of laws not men. And even the high and mighty, high flying Obama, last from Chicago, is not above the law. To protect the Constitution and our nation of laws is their duty and sworn OATH to the Constitution and to the American people who trusted them when they were elected to Congress and took the oath and when these judges and justices were appointed and confirmed by them and they took the oath. Will they keep ignoring their oath on this grave matter of constitutional precedence as to defending the black letter law in the eligibility clause of Article II of the U.S. Constitution and the historic national security standard as to who can serve as President and Commander in Chief of the military. Or will they continue to allow a usurper in charge of our government and of our military … and cowardly avoid the issue with obfuscations and technicalities to avoid the merits of the charges? Will the main stream media and press keep allowing them to do it? What has happened to the 4th Estate of our government. It no longer serves to protect the People and root out frauds and corruption. But instead, it caters to the ruling class inside the beltway in Washington DC to protect the corrupt and the frauds. May God save America and us all if those that took that solemn oath to the Constitution and are now down in Washington DC to justly govern and protect us and the rule of law, do not stand up to protect the Constitution and to protect us from a domestic enemy and continue the aversion of addressing the merits of the charges brought by this lawsuit and the thousands and thousands of letters and calls from the People and seriously investigate in a court of law or a Senate hearing with full subpoena powers by both parties the true legal identity of Obama. Will they stand up and defend Article II, Section 1, Clause 5 (the presidential eligibility clause) of the U.S. Constitution from usurpation or will they all continue the cover up of this matter and the historic constitutional crisis that has been created by Obama’s fraud in the 2008 election and his usurpation of office and power since? Will they stand up before it is too late?Charles Kerchner, Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
http://www.protectourliberty.org
http://puzo1.blogspot.com
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