CDR Kerchner (Ret) Responds to Professor Gutzman’s Dodgy Comments About Vattel

Emer d Vattel - Author of The Law of Nations or Principles of Natural Law. Click on Image for More Details
Emer d Vattel – Author of The Law of Nations or Principles of Natural Law. Click on Image for More Details

CDR Kerchner (Ret) Responds to Professor Gutzman’s Dodgy Comments About Vattel

In the video below, listen to Professor Gutzman’s attempt to diminish the writings and words of Vattel as to the meaning of “natural born Citizen” in the presidential eligibility clause in  Article II of our U.S. Constitution, apparently in an effort to support the eligibility of Ted Cruz who was born in Canada to a non-U.S. Citizen father: https://cdrkerchner.wordpress.com/2013/08/19/confirmed-sen-ted-cruz-releases-canadian-birth-certificate-was-a-dual-citizen-at-birth-not-eligible-to-be-u-s-president/.  His position thus would also continue to support the eligibility of Obama who also had a non-U.S. Citizen father and whose exact and true birth location has been the subject of debate and discussion for the last 7 years. https://www.scribd.com/collections/3248475/Kenyan-Gov-Officials-African-Newspapers-Obama-1991-Bio-Barry-Obama-Obama-Family-Mbrs-and-other-Accounts-Reporting-Obama-is-Kenyan-Born. This 2013 interview of Professor Gutzman has been re-surfaced recently by Cruz supporters.  Join the discussion here http://www.birtherreport.com/2015/06/founders-tv-gotta-see-this-one-history.html and/or read my comments about Professor Gutzman’s remarks below.

https://youtu.be/a27RfN-ZIqQ

[Editor’s note:  Get a PDF copy of CDR Kerchner (Ret)’s response and article here:  https://www.scribd.com/doc/269216629/CDR-Kerchner-Ret-Responds-to-Professor-Gutzman-Video-Comments-on-Vattel]

I listened to Professor Gutzman’s comments in the above video. Here are my comments.

The purpose of having the term “natural born Citizen” as a constitutional requirement for future presidents and commanders in chief or our military was as a “strong check” against “foreign influence”, per John Jay’s letter to George Washington, on the person who would hold that office in the future. They wanted a person born with Sole Allegiance and Unity of Citizenship to the USA and only the USA. See this article for more on that point: http://puzo1.blogspot.com/2009/04/article-ii-natural-born-citizen-means.html They would never have wanted a person born with dual or tri citizenship and attendant multiple allegiances and foreign influences on them at birth to ever gain command of our military. As with anything dealing with our Constitution, if you wish to understand terms therein we need to go back to original intent and understanding as to why the founders and framers chose the words they did. We need to understand the Who, What, When, Where, How, and Why the term “natural born Citizen” was chosen by the founders and framers. The Why was they wanted a person with sole allegiance to the USA at birth, and only the USA, for future commanders in chief of our military.

See: The Three Legged Stool Test for Natural Born Citizenship to Constitutional Standards: https://www.scribd.com/doc/185258103/Three-Legged-Stool-Test-for-Natural-Born-Citizen-to-Constitutional-Standards

Now some specific comments about what Professor Gutzman said and also what he omitted from Vol.1 Chapter 19 Section 212 of Vattel’s writings. First, he does not give the full name of Vattel’s book. And that is important to the debate on its content. It was titled The Law of Nations or Principles of Natural Law.  “Natural Law” is key to this debate because the term under scrutiny is a natural law term, “natural born Citizen”.  Any legal term with the word “natural” in it refers to Natural Law and not to positive, man-made law. Vattel’s book was a treatise on Natural Law. And Natural Law forms the foundation of other types of law. And the founders and framers where keenly interested and aware of Natural Law as evidenced by the opening of the Declaration of Independence wherein it specifically cites the “Laws of Nature”, i.e., Natural Law.  And the Law of Nations was mentioned in the Constitution also in reference to defining Piracy. So the founders and framers were keenly aware of Natural Law and the Law of Nations.  And Vattel was their number one choice and reference on those subjects.

I own both a French and English copy of Vattel’s “The Law of Nations or Principles of Natural Law”. Regarding the comment that Vattel’s treatise The Law of Nations or Principles of Natural Law being written in French, the professor does not mention that most of the key founders and framers were multi-lingual and specifically they were fluent in French, which was the diplomatic language of that time frame.  The French were our allies in our Revolutionary War against England.  When he read part of the section 212 and he read the French word “naturels” he failed to acknowledge that that in 1781 the French word naturels, years prior to the writing of the U.S. Constitution in 1787, had been translated in treaty correspondence with the French to mean “natural born” in U.S. English. Thus the USA founders in U.S. English understood the term “the naturels” when used in the context of discussion of the matter of Citizenship in the USA or in the case of England being a Subject of the King, they translated the adjective and term and understood it to mean “the natural born”.  See:  https://cdrkerchner.wordpress.com/2015/04/17/absolute-proof-the-founders-knew-and-accepted-vattels-french-naturels-to-mean-natural-born-before-constitution-was-written/ 

It also should be noted that the very title of Vol. 1, Chapter 19 in which “natural born Citizen” is defined, is “Des citoyens et naturels” which in the USA meant to the founders and framers, “The natural born Citizens”.  They got the idea and meaning of “natural born Citizen” from Vattel and other writers in Europe of the Enlightenment. They did not look to English Common Law to define and understand the citizenship terms in our new federal Constitution and Constitutional Republic. They discarded English Common Law when it came to Citizenship in the new nation. They looked to Natural Law and the Law of Nations to found our new form of government, a Constitutional Republic, and to determine who would be its initial citizens and the subsequent natural born Citizens, i.e., the children born in the country of citizens (both parents, born or naturalized).

The professor also neglects to read all of section 212 in which after Vattel states to be a “naturel” one must be born in the country of parents who are citizens, and since at that time married women could not have independent citizenship and the citizenship of the husband determined that of his wife and children, Vattel goes on to state that emphatically the father must absolutely be a citizen of the country for the child to be a citizen of the country at birth.  Vattel does not say the citizenship of the mother and place of birth do not matter. He clearly said it does in the prior clear cut definition of the naturel Citoyens, the natural born Citizens. But Vattel in the balance of section 212 further reinforces the importance of the citizenship of the father. Per Vattel not having a father who was a Citizen of the country you were born in absolutely precludes you from being a natural born Citizen of that country and that it is only your place of birth and not your country. The citizenship of the father controlled and determined the citizenship of his wife and his children. It takes two tigers to naturally create a tiger and two lions to naturally create a lion. Likewise it takes two Citizen of the country to create a natural born Citizen when the child is born in the parents’ country.

In the cases of Obama, Cruz, Rubio, and Jindal the citizenship of their father when they were born is clearly a relevant issue.  None of them had a U.S. citizen father at the time of their birth and thus they are not “natural born Citizens” of the USA to constitutional standards. In addition, for the case of Ted Cruz he was clearly and admittedly not born in the USA either in addition to not having a U.S. Citizen father when he was born. Thus Cruz misses natural born Citizen of the USA status on two counts.

Read and learn the constitutional citizenship status for all our Presidents since the U.S. Constitution was adopted: https://www.scribd.com/doc/48856102/All-U-S-Presidents-Eligibility-Grandfather-Clause-Natural-Born-Citizen-Clause-or-Seated-by-Fraud

Only the Laws of Nature can create a “natural born Citizen”. No man-made, positive law such as the Act of Congress Title 8 Section 1401, adopted pursuant to its naturalization power granted to it under our U.S. Constitution can do so. That law does not even mention “natural born Citizen” nor does the word “natural” appear in it anywhere. Those who conflate “Citizen” at birth created by man-made laws such as Title 8 Section 1401 with the natural law term “natural born Citizen” at birth, are being illogical and are spreading confusion and disinformation. See this link for more on that: 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/

The professor in his 2013 interview was carefully picking and choosing words, and ignoring others, in his readings and discussions about Vattel’s book/treatise to try and make the case that Obama and Cruz are constitutionally eligible. They are not.

 As to English translations, there was a prior English translation of Vattel done circa 1759/1760 in England that Professor Gutzman did not mention. However, the 1797 is considered the better translation. But the founders and framers were using the 1775 edition edited by Dumas which was in French, as attested to by Benjamin Franklin. See: http://puzo1.blogspot.com/2010/04/benjamin-franklin-in-1775-thanks.html In regards to the 1797 English language translation which correctly translates Vattel’s des naturel Citoyen to “natural born Citizen”, the 1797 edition was just confirming and clarifying what the world at that time knew as to what Vattel meant and as was implemented in the U.S. Constitution several years before. And it was widely used in the new and great constitutional republic in the new world., the USA. And it was used to defend the rights of U.S. natural born Citizens in the disputes with England on the high seas leading up to the war of 1812.

Do words come into existence and meaning only by their instant creation in a dictionary or legal writings first and only then at the exact time of printing said book. Or were they there and understood before that print date and in use for some time in society? Use common sense.

 The 1797 translation of Vattel’s treatise into English simply was an improved translation from the original French and it confirmed and clarified to English speakers and readers what Vattel meant by his term “Des Citoyens et naturels” and/or naturel Citoyens, and his definition of same is therein clearly written. And the founders and framers knew and understood what it meant and that Vattel was their source when they chose the term, natural born Citizen. The 1781 treaty negotiations translation I mentioned previously prove that. When it came to the U.S. Supreme Court cases in the first 100 years of the USA they clearly looked to Vattel’s writings on issues of Citizenship, quoting him literally in a couple cases, and saying in at least one case that Vattel was the best on the matter of Citizenship issues.

See: http://www.art2superpac.com/issues.html for some example cases.

When the professor in the soft ball back and forth discussion in the video finally admits that he’s not sure and says “I don’t know”, he is in effect saying what we Constitutionalists all have been saying since 2008, we need the U.S. Supreme Court to decide this. And as Chief Justice Marshall said as to words and matters in the Constitution, … the U.S. Supreme Court should have taken up a case if it goes to the Constitution, as it does in this matter on the meaning of “natural born Citizen” to constitutional standards as it applies in Article II.  The U.S. Supreme Court should decide it once and for all instead of ducking the question for the last almost 7 years.  The U.S. Supreme Court should have taken up the Atty Berg case in the summer of 2008 and decided the question right then and there re Obama.  In my 2010 petition to the U.S. Supreme Court we specifically said the question would come up again in the future. See:  https://www.scribd.com/doc/38506403/Petition-for-Writ-of-Certiorari-filed-with-the-U-S-Supreme-Court-for-Kerchner-v-Obama-Congress

Now the Pandora’s box is open and we have people not even born in the USA and with non-U.S. citizen fathers and twisting words and conflating two different legal terms and arguing they are eligible to be President and Commander in Chief of our military.

For more on the term “natural born Citizen”, see the prior historical  and legal writings on the term and also my writings on that term at:  http://www.art2superpac.com/issues.html and 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 https://www.scribd.com/collections/3301209/Papers-Discussing-Natural-Born-Citizen-Meaning-to-Constitutional-Standards .  Also watch this video by the renowned constitutional scholar Dr. Herb Titus — Part I: http://www.youtube.com/watch?v=esiZZ-1R7e8 and Part II: https://www.youtube.com/watch?v=xoaZ8WextxQ Also see these papers and writings on Vattel’s influence of the founders and framers: https://www.scribd.com/collections/3224507/Vattel-s-Influence-on-U-S-Founders-Constitution-s-Framers

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

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U.S. Supreme Court Justice Asked By A Patriotic Citizen The Meaning Of “natural born Citizen”

“natural born Citizen? … … “Uhh … Umm … Ahh … …  I have to research that.” Message to Justice Scalia: Click on your image above to help you get started with your research!

“Patriotic Citizen” Asks U.S. Supreme Court Justice Antonin Scalia the Meaning of “natural born Citizen” – Answer: “Uhh… Umm… Ahh… I have to research that.”

By Sharon Rondeau @ ThePostEmail.com – Wednesday, May 13, 2015
h/t:  CDR Charles F. Kerchner, Jr. (Ret)

(May 13, 2015) — On Tuesday, the Lawyers Chapter of the Phoenix Federalist Society held a luncheon whose honored guest was U.S. Supreme Court Associate Justice Antonin Scalia, who was on a tour promoting his new book, Reading Law: The Interpretation of Legal Texts, co-authored with Bryan Garner.

Following the luncheon and Scalia’s address to the assembly, an individual calling himself “Patriotic Citizen TM” purchased a copy of the book, stood in line to have Scalia autograph it, and then seized on the opportunity to ask, “U.S. Constitution, Article 2, Section 1, Clause 5: Is it your understanding a ‘natural born Citizen’ is a person born in the U.S. to two US-citizen parents?”

Scalia then responded, “Uhh… Umm… Ahh… I have to research that.”

As background information, Patriotic Citizen TM told The Post & Email that after he heard about the event, he saw it as “an opportunity to bring up the ‘natural born Citizen’ question.”

He [TM] further explained: … 

Continue reading the rest of the article at: http://www.thepostemail.com/2015/05/13/patriotic-citizen-asks-u-s-supreme-court-justice-antonin-scalia-the-meaning-of-natural-born-citizen/ or http://www.birtherreport.com/2015/05/report-patriotic-citizen-asks-scotus.html

Message to Justice Scalia from CDR Kerchner (Ret)

Your feigning lack of knowledge of the meaning of “natural born Citizen” to the Patriotic Citizen who asked you that question, which is obvious by your hesitating response, is not fooling anyone.  I have seen you cite the writings of Emer de Vattel in cases at the U.S. Supreme Court.  As a self proclaimed “originalist” I believe you already know the original intent, true meaning, and understanding of who a “natural born Citizen” was and is per the founders and framers, i.e., a person born in the country to parents who are both citizens. You know the writings of Vattel inside and out and his influence on the founders and framers.  But if you need a refresher course “to research that”,  visit the site https://www.scribd.com/collections/3301209/Papers-Discussing-Natural-Born-Citizen-Meaning-to-Constitutional-Standards to help you get started with your research! You people at the U.S. Supreme Court need to stop “evading that question” and do your constitutional job.  CDR Kerchner (Ret) – http://www.ProtectOurLiberty.org

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

P.S. Also read this essay regarding the constitutional term in the presidential eligibility clause “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 Also watch this video by the renowned constitutional scholar Dr. Herb Titus — Part I: http://www.youtube.com/watch?v=esiZZ-1R7e8 and Part II: https://www.youtube.com/watch?v=xoaZ8WextxQ

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William and Mary College: The Text Book on Natural and National Law Shall Be Vattel!

Click on image for more on the importance of Vattel's writings to the founders of our country and framers of our Constitution
Click on image for more on the importance of Vattel’s writings to the founders of our country and framers of our Constitution
Emer d Vattel - Author of The Law of Nations or Principles of Natural Law. Click on Image for More Details
Emer de Vattel – Author of The Law of Nations or Principles of Natural Law. Click on Image for More Details

William and Mary College: The Text Book on Natural and National Law Shall Be Vattel!

People writing many of the articles online today about the constitutional term “natural born Citizen” either ignorantly ignore or via deliberately trying to dissemble the truth have consistently tried to bury the influence on our nations founders and framers of the writings of Emer de Vattel in justifying our revolution and writing our nation’s founding documents and the establishment of  our new federal national law for the new nation.  Our new federal government was a new form of government, a constitutional republic, of a type never before seen in reality, but written about extensively as a hoped for new form of government by Emer de Vattel in Book 1 of his legal treatise on Natural Law.  The founders and framers did not look to English common law to establish the new federal government. The had just thrown off that oppressive yoke and system.  They looked to the enlightenment of Europeans scholars and writers for new ideas.  And in particular and specifically, they looked to Natural Law and writings of Emer de Vattel.  Our federal common law (court decisions made by the new U.S. Supreme Court) did not exist when the nation’s new Constitution was adopted.  Over the decades it eventually grew.  But in the beginning the founders and framers relied heavily on Vattel for guidance on federal law matters and relations between the states, the people, and other nations. The guidance of the writings of Vattel helped many of the early U.S. Supreme Courts make decisions which eventually grew the body of decisions becoming U.S. Federal Common Law.  Three of our early Presidents including Thomas Jefferson matriculated at William and Mary College in VA.  There they learned about Natural Law and National Law for our new nation.  And the text book specifically prescribed by the College of William and Mary’s regulations to study National Law was The Law of Nations or Principles of Natural Law by Emer de Vattel.

Obama, Cruz, Rubio, Jindal, Haley, and others are not constitutionally eligible to be President or Vice-President per the “natural born Citizen” clause and Vattel tells us why since he defined “natural born Citizen” in the founding era what Natural Law and common sense told those alive back then and it is still true today what a natural born Citizen was and is, and its purpose for limiting who can be President and Commander in Chief of our military, i.e., a person born with sole allegiance to one and only one country and thus having a strong check on foreign influence or foreign allegiance claims on them by birth.  A “natural born Citizen” is a person born in the country to parents who were both citizens of that country.

CDR Kerchner (Ret) – http://www.ProtectOurLiberty.org

H/T BR:  Read more and comment here:  http://www.birtherreport.com/2015/05/obot-shattering-college-of-william-and.html

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[Sheriff Arpaio: Obama ID Docs Fraudulent-Congress Must Act!]

[Sheriff Mack: Obama ID Documents Are Fake!]

Click on image for details
Click on image for details about Obama’s forged Draft Registration Card. Copy obtained via FOIA request.
Click on the Image for Details about Obama's Forged Birth Certificate and Selective Service (Draft) Registration Form
Click on image for details re Obama’s forged long-form birth certificate proffered as an on-line image in Apr 2011.

Download a “Sheriff’s Kit” package of evidence of Obama ID document fraud: http://www.wheresobamasbirthcertificate.com and/or WOBC2.com

Copy of AZ Sheriff’s Office CCP Commander & Chief Investigator Michael Zullo’s sworn affidavit attesting that Obama’s ID docs are forged: http://www.scribd.com/doc/141560833/

Copy of evidence that Obama’s Selective Service (Draft) Registration Card is forged: http://www.scribd.com/doc/164956489/

View and get the Maricopa County AZ Sheriff Joe Arpaio’s Cold Case Posse Investigative Reports directly from their website about Obama’s forged ID docs: http://www.mcsoccp.org/joomla/

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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.
Obama's short form and long form birth documents are forgeries
Image of Obama’s short-torm birth certificate proffered as an on-line image in Jun 2008. Obama’s short-form and long-form birth documents are forgeries

A warning from the past — some conspiracies are very real and are also large and well organized and in process for a long time. Such is the nature of old-school KGB and SDS Communist activities, and more recently Marxist-Fascist groups temporarily allied with Radical Political Islamist activities, in the USA. My enemy’s enemy is my friend is the old adage. And to the Marxist and Islamist a strong USA is the enemy. The target and goal of the seditious political conspiracy we are currently faced with is to destroy our U.S. Constitution, our Republic, our culture, and dramatically weaken our military. Remember this quote from history. But when reading it today substitute Marxist-Facist or Islamist for the current threats we face: “We must now face the harsh truth that the objectives of communism [anti-American Marxist-Leninist-Fascism allied against us with Radical Political Islam] 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). His message applies today equally as well as it did when he stated it in 1956.

Marxist/Communists are trained to lie. It’s their modus operandi to deceive their true objectives. Obama is not just a pathological liar, he’s an ideological liar: http://www.americanthinker.com/blog/2013/12/obama_is_not_a_pathological_liar_he_is_an_ideological_liar.html

Obama lies continually to cover his true nature and objectives. Obama named Liar of the Year. Obama is a secret member of Muslim Brotherhood. They are trained to lie and they using the Islamic principles of TAQIYYA and KITMAN on steroids to hide their anti-American activities.

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

P.S. Also read this essay regarding the constitutional term in the presidential eligibility clause “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 Also watch this video by the renowned constitutional scholar Dr. Herb Titus — Part I: http://www.youtube.com/watch?v=esiZZ-1R7e8 and Part II: https://www.youtube.com/watch?v=xoaZ8WextxQ

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