The Fallacies of Congressional Legislative Attorney Jack Maskell’s Definition of a “Natural Born Citizen”

The Father of Logic

The Fallacies of Congressional Legislative Attorney Jack Maskell’s Definition of a “Natural Born Citizen” | by Attorney Mario Apuzzo

Bob Quasius at Café Con Leche Republicans [in 2013] said:

“The citizenship of Ted Cruz’s father is irrelevant. Ted Cruz was born a citizen of the United States based upon his mother’s citizenship and many years of residency in the U.S., per the federal statutes in effect at the time Ted Cruz was born. A natural born citizen is one who was born a citizen, as compared to someone not born a citizen and naturalized. Ted Cruz was born a citizen, and therefore he’s a natural born citizen.”

[Editor’s Note: click here for more on Ted Cruz, Kamala Harris, and others who lack natural born Citizen of the United States status.]

Quasius’ argument is the classic example of Jack Maskell’s formal and informal logical fallacies of what the definition of a “natural born Citizen” is which are contained in his two Congressional Research (CRS) Memos. Jack Maskell wrote in his CRS memo published in 2009:

“[T]he weight of scholarly legal and historical opinion appears to support the notion that ‘natural born citizen’ means one who is entitled under the Constitution or laws of the United States to U.S. citizenship ‘at birth’ or ‘by birth,’ including any child born ‘in’ the United States (other than to foreign diplomats serving their country), the children of United States citizens born abroad of one citizen parent who has met U.S. residency requirements.”

http://www.scribd.com/doc/41131059/crs-congressional-internal-memo-what-to-tell-your-constituents-regarding-obama-eligibility-questions .

Then he wrote in his 2011 CRS memo:

“The weight of legal and historical authority indicates that the term ‘natural born’ citizen would mean a person who is entitled to U.S. citizenship ‘by birth’ or ‘at birth,’ either by being born ‘in’ the United States and under its jurisdiction, even those born to alien parents; by being born abroad to U.S. citizen-parents; or by being born in other situations meeting legal requirements for U.S. citizenship ‘at birth.’” In this memo, he also added: “there is no Supreme Court case which has ruled specifically on the presidential eligibility requirements, although several cases have addressed the term ‘natural born’ citizen. And this clause has been the subject of several legal and historical treatises over the years, as well as more recent litigation.”

http://www.fas.org/sgp/crs/misc/R42097.pdf .

Maskell made his 2009 statement with little force and certitude. He said that this “scholarly legal and historical opinion” “appears to support the notion” as to what the “natural born Citizen” clause means. A “notion” is defined, in relevant part, as: “1. A general idea 2. a belief; opinion 3. an inclination; whim.” Webster’s New World Dictionary of the American Language 410 (1983). Here is another definition: “1: Idea, conception 2: a belief held: opinion, view 3: whim, fancy .” The Merriam-Webster Dictionary 480 (1974). And this “opinion” only “appears to support” that notion. Here, we can see that Maskell did not give us a clear and definite statement as to what the definition of a “natural born Citizen” is. Rather, he only put forth a theory that this “scholarly legal and historical opinion” supported this general idea, belief, or opinion of what the definition of a “natural born citizen” is.

While his 2011 statement contained more force, Maskell still stated that a “natural born citizen” “would mean” any person who is a “citizen by birth” or “citizen at birth,” regardless of the means by which the person obtained that birth status. Maskell said “would mean.” That means that the meaning that he gave to a “natural born citizen” is conditioned upon something else also being true. But he did not tell us what that something else is, let alone demonstrate that whatever it is, is true. He also stated that “there is no Supreme Court case which has ruled specifically on the presidential eligibility requirements.” As we shall see below, this is not true, for there are U.S. Supreme Court cases which have addressed the “common-law” definition of a “natural-born citizen” and that is a presidential eligibility requirement.   …   Continue reading this legal essay about who is a “natural born Citizen” of the United States, and the logical fallacies about same that were put out by the totally politicized Congressional Research Service to justify the running of Article II constitutionally ineligible candidates in both major political parties, and the comments about same at:  http://puzo1.blogspot.com/2019/06/the-fallacies-of-congressional.html

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See a Euler Diagram which logically shows the kinds of U.S. Citizens and their set and subset relationships: https://cdrkerchner.wordpress.com/2018/06/16/natural-born-citizen/

EulerDiagramVer4-6
A Simple Euler Logic Diagram Shows Logical Relationship of “natural born Citizens” to Other Type “Citizens” of the United States. Only a “natural born Citizen” Can Constitutionally be the President and Commander in Chief or the Vice-President. Click on Image For More Information.

CDR Charles Kerchner, P.E. (Retired)
https://cdrkerchner.wordpress.com
http://www.scribd.com/user/52640192/protectourliberty/lists
http://www.protectourliberty.org

Other suggested reading and viewing on being a “natural born Citizen” of the United States:

1.  A chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.

2. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.

3. Read this essay regarding the constitutional term “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. “Natural born Citizens” are a subset of “born Citizens (citizens at birth)”. Adjectives mean something.  All “natural born Citizens” are “born Citizens (citizens at birth) but not all “born Citizens (citizens at birth)” are “natural born Citizens”:  https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ 

4. The “Three Legged Stool Test” for being a Natural Born Citizen: https://cdrkerchner.wordpress.com/2013/11/15/the-three-legged-stool-test-analogy-for-natural-born-citizenship-of-the-united-states-to-constitutional-standards/

5. Article II Presidential Eligibility Facts:  http://www.art2superpac.com/issues.html  or  https://www.scribd.com/document/161994312/Article-II-Presidential-Eligibility-Facts 

6. Watch these videos (Parts I and II) by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8  and  http://www.youtube.com/watch?v=xoaZ8WextxQ

7. 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

Attorney Mario Apuzzo on “natural born Citizen” to Constitutional Standards

Click image for correct definition of “natural born Citizen” of the United States
Click image for more info on Atty Apuzzo’s legal filings and writings on constitutional term “natural born Citizen”

Attorney Mario Apuzzo on “natural born Citizen” to Constitutional Standards: http://puzo1.blogspot.com/2019/06/the-fallacies-of-congressional.html

 

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3-legged-stool-test-for-NBC
Click on image to learn more about the “Three Legged Stool Test” for “natural born Citizen”. A person born with “Sole Allegiance” to the USA at birth.

CDR Charles Kerchner, P.E. (Retired)
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 of which Obama is not:

1. A chart which lists and explains the five (5) Citizenship terms used in the U.S. Constitution.

2. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”.

3. Read this essay regarding the constitutional term “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. “Natural born Citizens” are a subset of “born Citizens (citizens at birth)”. Adjectives mean something. All “natural born Citizens” are “born Citizens (citizens at birth) but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/

4. A Euler Diagram which logically shows the kinds of U.S. Citizens and their set and subset relationships: https://cdrkerchner.wordpress.com/2018/06/16/natural-born-citizen/

5. The “Three Legged Stool Test” for being a Natural Born Citizen: https://cdrkerchner.wordpress.com/2013/11/15/the-three-legged-stool-test-analogy-for-natural-born-citizenship-of-the-united-states-to-constitutional-standards/

6. Article II Presidential Eligibility Facts: http://www.art2superpac.com/issues.html or https://www.scribd.com/document/161994312/Article-II-Presidential-Eligibility-Facts

7. Watch these videos (Parts I and II) by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8 and http://www.youtube.com/watch?v=xoaZ8WextxQ

8. 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

What is a Natural Born Citizen of the U.S.? | by John Greschak

Click image for more information on the constitutional legal term of art "natural born Citizen"
Click image for more information on the constitutional legal term of art “natural born Citizen”

What is a Natural Born Citizen of the U.S.? | by John Greschak

Read his scholarly analysis and essay synopsis here:   http://www.scribd.com/doc/160067303/

Also watch these video to learn more about the true meaning “natural born Citizen” per constitutional scholar Herb Titus: Pt1: http://youtu.be/esiZZ-1R7e8  and Pt2: http://youtu.be/xoaZ8WextxQ

Barack Obama, Ted Cruz, Marco Rubio, Bobby Jindal, and Nikki Haley are clearly not eligible per the original meaning and intent of the “natural born Citizen” term in the presidential eligibility clause in Article II of the U.S. Constitution. To use a man-made statute or law, amendment, or treaty which makes one only a “Citizen” of the United States, either at birth or otherwise, means one would have had to be alive at the time of the creation of the Constitution. Read the actual words in the Constitution: “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.”  After those original Citizens were gone it took a “natural born Citizen” to be eligible, that is, the children of Citizens of the United States, plural — two Citizen parents (naturalized after immigration to the USA or born here) when one was born in the USA. Any law or Act of Congress cited making one simply a “Citizen at Birth” or “Citizen by Birth” , or simply a born Citizen, is not sufficient. Such laws do not address or supersede or even mention Article II of the U.S. Constitution. Such laws do not even have the words/adjectives “natural born” in them.  A “natural born Citizen” is created by the laws of nature and nature’s God, governed by the facts of nature at the person’s birth, not the laws of men. The vast majority of U.S. Citizens are “natural born Citizens”.  It is from those ranks that we are constitutionally supposed to choose our Presidents and Vice Presidents.

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
https://cdrkerchner.wordpress.com/
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/

“The American people will never knowingly adopt Socialism. But under the veil of indifference to their necessity to continually be “on watch” and at times to stand up and protect our U.S. Constitution from usurpation by progressive/marxist/radical politicians operating in relative secrecy protected by an enabling press and major media … thinking and saying it’s the job of someone else … and living their lives in general apathy about what the national government is up to, they will allow the adoption of every fragment of the Socialist program, until one day America will be a Socialist nation without knowing how it happened.” CDR Kerchner (Ret)’s alert and paraphrasing earlier warnings about the socialist/progressives’ long-term stealth agenda to transform the USA from a constitutional republic into a top-down, central controlled, socialist form of government.

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

Who is Eligible to Run for President (per CNN)?

For more click on the image for the correct definition of "natural born Citizen of the United States"
For more click on the image for the correct definition of “natural born Citizen of the United States”

Who is Eligible to Run for President (per CNN’s Z. Bryon Wolf)?

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Read his historically and legally inaccurate disinformation piece by CNN’s Z. Bryon Wolf here:  http://obamareleaseyourrecords.blogspot.com/2013/08/cnn-goes-there-extensive-report-on.html

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THE CONGRESSIONAL “CRS” MEMOS CITED BY CNN STORY THOROUGHLY DEBUNKED HERE:  http://obamareleaseyourrecords.blogspot.com/search?q=CRS+Memo
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A “natural born Citizen of the United States” per the founders and framers intent and constitutional standards must be born in the USA to parents who were both U.S. Citizens (naturalized immigrant or a born Citizens) at the time of their child’s birth.
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Read these historical and legal papers which tell one the true meaning of the “natural born Citizen” clause in our U.S. Constitution:  http://www.scribd.com/collections/3301209/Papers-Discussing-National-Born-Citizen-Meaning-to-Constitutional-Standards
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Read this essay about the difference between the two legal terms of art — “natural born Citizen” and “Citizen at/by Birth” — that the Mainstream Media, Obama’s Obot Minions online, and Congress are trying to foist on the American people as being synonymous when they are not.   Of Trees and Plants – Natural born Citizen and Basic Logic: 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/
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“There is no greater national security threat to our nation and Constitutional Republic than having a person in the office of the Presidency and Commander in Chief of our military who is of unknown true legal identity who is engaging in crimes to cover up his true legal identity by proffering forged and stolen ID docs.” CDR Kerchner (Ret)
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Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.
Obama the Enigma: Click on the image to learn more about Obama he does not want you to know.

A warning from the past — some conspiracies are very real and are also large and well organized and in process for a long time.   The target of the one we are currently faced with is to destroy our U.S. Constitution, our Republic, our culture, and our military.  Remember this quote from history: “We must now face the harsh truth that the objectives of communism are being steadily advanced because many of us do not recognize the means used to advance them. … The individual is handicapped by coming face to face with a Conspiracy so monstrous he cannot believe it exists. The American mind simply has not come to a realization of the evil which has been introduced into our midst.” Quote by: J. Edgar Hoover former FBI director. Source: Elks Magazine (August 1956).

When will we return to the rule of law and enforce our identity theft protection laws and the U.S. Constitution in regards to Obama, the Usurper and Fraud-in-Chief residing in the White House? When will Congress take action!?

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
https://cdrkerchner.wordpress.com/
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/

“The American people will never knowingly adopt Socialism. But under the veil of indifference to their necessity to continually be “on watch” and at times to stand up and protect our U.S. Constitution from usurpation by progressive/marxist/radical politicians operating in relative secrecy protected by an enabling press and major media … thinking and saying it’s the job of someone else … and living their lives in general apathy about what the national government is up to, they will allow the adoption of every fragment of the Socialist program, until one day America will be a Socialist nation without knowing how it happened.” CDR Kerchner (Ret)’s alert and paraphrasing earlier warnings about the socialist/progressives’ long-term stealth agenda to transform the USA from a constitutional republic into a top-down, central controlled, socialist form of government.

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