What If … ? | by Joseph DeMaio

What If … ? | by Joseph DeMaio | @ ThePostEmail.com

(Dec. 15, 2022) — What if your humble servant were to reveal something here at The P&E which could, once and for all, put an end to “natural born Citizen” (“nbC”) debate raging in the comments sections of numerous posts here? What if recently-discovered “hard” evidence – in the form of a letter from John Jay to David Brearley, Chairman of the “Committee on Postponed Matters” at the Constitutional Convention in 1787 – was produced? And what if that letter confirmed the intent of the Founders to rely on § 212 of Emmerich de Vattel’s treatise The Law of Nations for its definition of an nbC, requiring birth in the nation to parents who were already U.S. Citizens? Would that change any of the minds of those who believe that the only criterion for an nbC is to be born here as a “citizen at birth” or a “citizen by birth?” Curious? Read on. … https://www.thepostemail.com/2022/12/15/what-if-3/

Some additional excellent commentaries by Joseph DeMaio on the original intent and meaning of “natural born Citizen of the United States”:

Response to Some nbC Comments
Additional Responses to More nbC Comments

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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:  http://www.scribd.com/doc/11737124/Citizenship-Terms-Used-in-the-US-Constitution-The-5-Terms-Defined-Some-Legal-Reference-to-Same

2. Being a “born Citizen” or “Citizen at Birth” is not identically the same as a being a “natural born Citizen”:  https://cdrkerchner.wordpress.com/2009/07/16/citizen-at-birth-cab-does-not-equal-natural-born-citizen-nbc-obama-is-not-a-natural-born-citizen-of-the-usa-2/   or   http://puzo1.blogspot.com/2009/07/citizen-at-birth-cab-does-not-equal.html

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

9. Read the dozen of legal essays and court briefs written by constitutional and citizenship expert Attorney Mario Apuzzo on being a “natural born Citizen of the United States” and the pretenders and usurpers in three major political parties (Democrat, Republican, and Socialist parties) – who invalidly claimed such birth status – at his legal blog:  http://puzo1.blogspot.com

10. Read online or download and save dozens of historical papers and articles written over time, some over 200 years ago, describing what a “natural born Citizen” of the United States is to constitutional standards:  https://www.scribd.com/lists/3301209/Papers-Discussing-Natural-Born-Citizen-Meaning-to-Constitutional-Standards

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Natural Born Citizens and USSC Docket 20-1503

WHO IS — AND IS NOT — A “NATURAL BORN CITIZEN”? | by Joseph Demaio

(May 16, 2021) — When, in the course of human events, it becomes necessary for your humble servant to respond to comments in greater detail than allowed in the designated section of P&E posts, a longer post is required.  Such is the case with this offering regarding assertions made by those who reject the likely application of Book I, Ch. 19, § 212 of Emmerich de Vattel’s 1758 treatise, “Le Droit des Gens” or “The Law of Nations,” to the proper interpretation of Art. 2, § 1, Cl. 5 of the Constitution, the “natural born Citizen” restriction for the presidency.  Here we go again.

Valued P&E readers, that which follows is somewhat convoluted, but given that the issues are less than simple, a more complex explanation is necessitated.  Translation (more on that topic later…): keep some of your favorite caffeinated beverages handy.  Your humble servant has his can of Dr Pepper nearby.  In addition, it is assumed that readers are already possessed of some historical background relating to the issues, since complete treatment of all the interstices of the matter would make this offering much longer. For that, see all of your servant’s prior P&E posts on the topic. 

Ready?  Let us begin. … continue reading this excellent essay and article at: https://www.thepostemail.com/2021/05/16/natural-born-citizens-and-ussc-docket-20-1503/

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CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA
http://www.protectourliberty.org/
https://cdrkerchner.wordpress.com/
http://www.scribd.com/user/52640192/protectourliberty/lists http://www.kerchner.com/protectourliberty/naturalborncitizen/TheWhoWhatWhenWhereWhyandHowofNBC-WhitePaper.pdf

Is Kamala Harris eligible to be Joe Biden’s VP? | by Gary Wilmott | @AmericanThinker

U.S. Senator Kamala Harris

Is Kamala Harris eligible to be Joe Biden’s VP? | by Gary Wilmott | @AmericanThinker

Is Kamala Harris a natural born citizen?

It is no secret that Harris wants to be Joe Biden’s vice president.  The junior senator from California clearly sees an opening to her real objective: the presidency of the United States.  With Biden surprisingly outlasting the other anti-American socialist candidates, Harris recognizes that Biden’s age and declining cognitive abilities pose a glorious opportunity to resurrect her presidential ambitions.  After all, there is an good chance that the bumbling, incoherent Biden might have to resign or be removed in his first term and his V.P. would succeed him.  Even if Biden managed to miraculously finish his first term, it is unlikely that he would or could run for a second.

Harris would love to “back door” her way into the presidency, especially given the fact that her vacuous campaign was an unmitigated disaster, and any future presidential ambitions looked to be a virtual impossibility only a few months ago.

But not so fast.  Harris is constitutionally ineligible to be VPOTUS (12th Amendment) or POTUS (Article 2).  She is not — nor can she ever be — a natural born citizen, the highest standard of citizenship mandated by the Constitution for the president and commander-in-chief.  The Founding Fathers wanted a higher standard of citizenship for the POTUS because they did not want any competing allegiances with foreign governments.

Harris was born in Oakland, California on October 20, 1964, to an Indian citizen mother and a Jamaican citizen father.  Thus, Harris is a native-born American citizen, or a citizen pursuant to what I refer to as the anchor baby provision of the 14th Amendment.  …  continue reading more and join the conversation at: https://www.americanthinker.com/blog/2020/08/is_kamala_harris_eligible_to_be_joe_bidens_vp.html

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My answer to the question posed in the headline — I say no. See this article by me for more details as to why she is not: https://cdrkerchner.wordpress.com/2020/07/23/u-s-senator-kamala-harris-is-not-a-natural-born-citizen-of-usa-not-eligible-to-be-president-and-cinc-or-vp/

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

P.S. Also read the following essays regarding the presidential eligibility term “natural born Citizen” in Article II of the U.S. Constitution:

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. 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

U.S. Senator Kamala Harris is NOT a ‘natural born Citizen” of USA – NOT Eligible to be VP, or President and CinC

jamaican-flag-on-pole-with-harris-with-text

U.S. Senator Kamala Harris is NOT a ‘natural born Citizen‘ of USA – NOT Eligible to be the Vice President, or the President and Commander-in-Chief of Our Military, per U.S. Constitution

kamala-harris-fails-three-legged-stool-test-for-natural-born-citizen-5

eulerlogicdiagram-citizenshipsets-with-Harris-and-Trump-birthstatus
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.

Neither of Senator Kamala Harris’ parents were U.S. Citizens when Kamala was born in 1964 in CA. Kamala Harris was born to a Jamaican Citizen father (minus one stool leg) and to a Citizen of India mother (minus the 2nd stool leg). They both were sojourning in the USA on temporary VISA’s. Thus she was born with multiple citizenship and allegiance to a foreign country, divided allegiance at birth.

Senator Kamala Harris’ staff has refused to answer any questions regarding the citizenship status of her parents when she was born. The normal path to becoming a naturalized U.S. Citizen takes five years. Kamala Harris was born in 1964. Her father emigrated from Jamaica to the USA in 1961. Her mother emigrated from India to the USA in 1960. Thus there was not sufficient time for either of Kamala’s parents to become naturalized U.S. Citizens. Kamala’s father eventually became a naturalized U.S. Citizen per his bio. It is not known at this time if Kamala’s mother ever became a naturalized U.S. Citizen. She moved to Canada with Kamala when Kamala was about seven years old. It is possible that Kamala’s mother might have naturalized at some point as a Canadian citizen. Kamala Harris’ mother is now deceased. As I said in the first sentence, Senator Harris is not being transparent on this issue and her office staff has refused to answer any questions on this subject. Given Kamala Harris’ year of birth, and her parents emigration years, she was born in the USA to two foreign nationals, and thus inherited the citizenship of another country when she was born, in addition to being considered to be a basic Citizen of the United States under Positive Law, by being born in the USA to aliens legally living here. Thus Senator Kamala Harris was born with citizenship and required allegiance at birth to more than one country. She is a dual-Citizen and was born with foreign influence on her by birth by required allegiance at birth to another country, other than the USA. This is hardly what the founders and framers intended when they selected the “natural born Citizen” requirement for the person who would in the future be permitted to be the President and Commander in Chief of our military, once the founding generation was gone. And, per the 12th Amendment of the U.S. Constitution, she cannot serve as the Vice President either, for the same reasons.

As per ‘Principles of Natural Law‘ in place at the time of the founding of our country and when the founding documents including the U.S. Constitution were written, a ‘natural born Citizen’ is one born in the country to parents who are both Citizens (born Citizens or naturalized Citizens) of that country when their child is born in the country. See ‘The Three Legged Stool Test‘ for a graphic presentation of this constitutional requirement as to who can be President and Commander in Chief or our military. See the Euler Diagram shown to the right for a logic diagram presentation of this constitutional requirement.

U.S. Senator Kamala Harris is NOT a ‘natural born Citizen” of the United States to constitutional standards since both of her parents were foreign nationals who were NOT U.S. citizens when Senator Harris was born in the USA. She is missing two legs of the three legs of the ‘natural born Citizen’ test. Assuming her parents were legal permanent residents of the USA when she was born, then she is of course a basic “Citizen” at birth per the Positive Law ruling in the Wong Kim Ark legal decision by the U.S. Supreme Court of 1898, and as such she is eligible to be a U.S. Senator, but she is not a Natural Law “natural born Citizen” at birth, and thus is NOT eligible to be President and Commander in Chief of our military or the Vice President, per our U.S. Constitution. She inherited multiple allegiances at birth due to her parents being foreign nationals temporarily living in the USA under educational VISAs when she was born. Senator Kamala Harris did not have sole allegiance and unity of citizenship at birth to the USA and only the USA.

Some other politicians besides Kamala Harris (D) in the two major political parties who have been mentioned for future election to high national political office, who are also not a “natural born Citizen” to constitutional standards are:  Marco Rubio (R), Ted Cruz (R), Bobby Jindal (R), and Nikki Haley (R). Both major political parties are choosing to ignore the founders and framers intent and understanding of what a “natural born Citizen” is in order to run candidates that they believe are very marketable political candidates. This started in a major way in the 2008 election cycle with Obama vs McCain.

For more information about the ‘natural born Citizen’ term read this White Paper essay – The Who, What, When, Where, Why, and How the Natural Born Citizen Term was Put Into Our U.S. Constitution as to eligibility for the office of the President of the United States | by CDR Charles F. Kerchner, Jr. (Ret). 

Click here or here to get a PDF copy of this article.

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

P.S. Also read the following essays regarding the presidential eligibility term “natural born Citizen” in Article II of the U.S. Constitution:

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. 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

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