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

Of Neologisms, End-Around Runs and Gorillas: The Congressional Research Service 2016 Report (CRS Report) on Presidential Eligibility

Canadian-born Ted Cruz and Cuban Citizen at Birth via his Cuban father is NOT constitutional eligible to be President and CINC, or VP
Canadian-born Ted Cruz and Cuban Citizen at Birth via his Cuban father is NOT constitutional eligible to be President and CINC, or VP

Of Neologisms, End-Around Runs and Gorillas: The Congressional Research Service 2016 Report (CRS Report) on Presidential Eligibility | by Joseph DeMaio | @ The Post & Email

” … The Deceptions Begin With The Title:  The title of the January 11, 2016 CRS Report is “Qualifications for President and the ‘Natural Born’ Citizenship Eligibility Requirement.”  To begin with, the terms “qualifications” and “eligibility” are not synonyms. One can be eminently “qualified” for a job, and yet still be “ineligible.” … “

Read the entire four chapter/part article [Part 1- “NOT WHAT THE FOUNDERS INTENDED”, Part 2 – “DANGEROUS NONSENSE”, Part 3 – “A FALSE IMPRESSION” , Part 4 (final)-“NONSENSE ELEVATED TO AN ART FORM” ] about the latest in the series of duplicitous, disinformation CRS Memos/Reports (2009-2016) about presidential eligibility put out by Atty Jack Maskell of the Congressional Research Service of the Library of Congress to aid the members of Congress deceptively answer constituent questions in their continuing efforts to continue the cover-up of their allowing abrogation of the presidential eligibility clause in Article II of our U.S. Constitution, provide major media talking points to aid the deception, and to confuse the American Electorate. 

Congressional-Research-Service-CRS-logo
A Propaganda Service for the DC Establishment — What This Latest CRS Report Deceptively Reports is NOT What the Founders and Framers Intended. Click Image for Details.

This masterful new article in the series written by Joseph DeMaio about the CRS’s multi-paper, multi-year deceptions on the presidential eligibility clause is a must read. He clearly and factually exposes and debunks Maskell’s latest deceptive techniques, significant omissions, and flawed historical and legal arguments in the CRS Report (CRSR) which Maskell prepared at the behest of the political party controlled establishment leadership of the Congress to help enable politically attractive but constitutionally ineligible candidates to run for President and CINC (or VP) and, hopefully to the posers, to get away with it.

See these links:

Part 1 –“NOT WHAT THE FOUNDERS INTENDED”http://www.thepostemail.com/2016/04/02/of-neologisms-end-around-runs-and-gorillas-the-congressional-research-service-2016-report-on-presidential-eligibility/

Part 2 –“DANGEROUS NONSENSE”http://www.thepostemail.com/2016/04/04/of-neologisms-end-around-runs-and-gorillas-the-congressional-research-service-2016-report-on-presidential-eligibility-part-ii/

Part 3 – “A FALSE IMPRESSION”: http://www.thepostemail.com/2016/04/07/of-neologisms-end-around-runs-and-gorillas-the-congressional-research-service-2016-report-on-presidential-eligibility-part-iii/

Part 4 (Final Chapter) –“NONSENSE ELEVATED TO AN ART FORM”: http://www.thepostemail.com/2016/04/09/of-neologisms-end-around-runs-and-gorillas-the-congressional-research-service-2016-report-on-presidential-eligibility-final-chapter/

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Read the: The Who What When Where Why and How of the “natural born Citizen” Term in Our U.S. Constitution

>cruzandrubionoteligiblepetitionsbanner(596x130)Cruz and Rubio were Citizens at Birth of a Foreign Country (Ted of 2 Foreign Countries) – Both NOT a “natural born Citizen” of the United States

Get PDF Copy of Ted Cruz Foreign Citizenship Facts Petition Here — Get PDF Copy of Marco Rubio Foreign Citizenship Facts Petition Here – Neither is constitutionally eligible to serve as President and Commander in Chief or Vice President!

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.

The Presidential Eligibility Clause in the U.S. Constitution is a National Security Clause since the President is also the Commander in Chief of Our Military. The Supreme Court and/or Congress Must Act so as Not to Repeat Having a Constitutionally Ineligible Person Permitted to be Elected into the Oval Office – Now Or in the Future. CDR Kerchner (Ret) – ProtectOurLiberty.org

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

Of Presidential Eligibility, Doubling Down and Linguistic Torts | by Joseph DeMaio | @ ThePostEmail.com

Click on image for more on the importance of Vattel's writings to the founders of our country and framers of our Constitution

Of Presidential Eligibility, Doubling Down and Linguistic Torts | by Joseph DeMaio | @ ThePostEmail.com

Comments  by CDR Kerchner (Ret) on this latest series of essays by Joseph DeMaio:  An excellent four-part series on the legal term of art “natural born Citizen” and rebuttal of the series of memos/reports by the progressive, far-left, government-employed lawyer, Legislative Attorney Jack Maskell, the writer of the infamous Congressional Research Service (CRS) Memos, which the U.S. Congress uses to hide behind when queried by their constituents as to why they are doing nothing about the usurper-in-chief and illegal and unconstitutional resident in the Oval Office.

There have been three CRS memos. One in the spring of 2009, published in secret a couple months after the Kerchner et al v Obama & Congress et al lawsuit was filed early on the morning of 20 Jan 2009. That one was leaked to Atty Mario Apuzzo, counsel for Kerchner v Obama & Congress, by a staffer working for a member of Congress who was sick and tired of the deliberate deceit and cover-up going on by Congress to keep the American people in the dark.  Another one was published in 2010.  And now another one was published in late 2011.  The Congress is feeling the heat. Thus, they needed more ammunition to hide behind and to deceive their constituents with, which is why in my opinion this last massive one was written.

This latest CRS “product” of November 2011 is by far the most massive and cleverly written piece of deceit and deception and is cloaked as a scholarly legal piece, all published under the color of authority of the supposedly non-partisan Congressional Research Service.  Non-partisan political party wise but not non-partisan when it comes to abrogating and ignoring the U.S. Constitution, Article II Section 1, and in deceiving the American electorate.  The CRS and Congress is deliberately misleading the American electorate on the true meaning of “natural born Citizen”. The reason being, both political parties wish to run ineligible candidates who they think will make their ticket more attractive for political reasons, the U.S. Constitution be damned in their minds.

 There are lots of footnotes and citations in this latest CRS Memo to make it look scholarly and accurate. But as Atty Mario Apuzzo has commented on in his blog, and also as Joseph DeMaio the author of these below four essays has written, they attest that this deceptively written CRS memo, like the others before it, is full of deliberate misstatements and errors of law and fact as to the true historical and legal meaning of “natural born Citizen of the United States”, as used in Article II Section 1 of the U.S. Constitution, the presidential eligibility clause.

Kudos to Joseph DeMaio for some fine research and writing and to The Post & Email for publishing these.  Links to his four latest essays are below:

Of Presidential Eligibility, Doubling Down and Linguistic Torts, Part 1
WHY DOES “NATIVE BORN” NOW EQUATE TO “NATURAL BORN?”

by Joseph DeMaio, ©2012
http://www.thepostemail.com/2012/02/20/of-presidential-eligibility-doubling-down-and-linguistic-torts-part-1/

Of Presidential Eligibility, Doubling Down and Linguistic Torts, Part 2
“IT IS NECESSARY THAT A PERSON BE BORN OF A FATHER WHO IS A CITIZEN…”
by Joseph DeMaio, ©2012
http://www.thepostemail.com/2012/02/22/of-presidential-eligibility-doubling-down-and-linguistic-torts-part-2/

Of Presidential Eligibility, Doubling Down and Linguistic Torts, Part 3
“DICTA…PURE AND SIMPLE”
by Joseph DeMaio, ©2012
http://www.thepostemail.com/2012/02/24/of-presidential-eligibility-doubling-down-and-linguistic-torts-part-3/

Of Presidential Eligibility, Doubling Down and Linguistic Torts, Conclusion
A NATION OF LAWS, OR MEN?
by Joseph DeMaio, ©2012
http://www.thepostemail.com/2012/02/26/of-presidential-eligibility-doubling-down-and-linguistic-torts-conclusion/

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Three essays written by Joseph DeMaio in 2011 on presidential eligibility and about the two prior deceptive and error ridden CRS Memos written by CRS Attorney Maskell:

Presidential Eligibility — Part 1:
http://www.thepostemail.com/2011/05/29/bombshell-second-crs-memo-covering-for-obamas-ineligibility-not-released-to-the-public-until-now/

Presidential Eligibility — Part 2:
http://www.thepostemail.com/2011/05/31/presidential-eligibility-part-2/

Presidential Eligibility –Part 3:
http://www.thepostemail.com/2011/06/02/grand-finale-presidential-eligibility/

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A special request from CDR Kerchner (Ret):  WE NEED YOUR HELP!  If you can, please help the PA legal action to expose the usurper resident in our Oval Office.  Support the PA Ballot Challenge/Objection against Obama filed in PA. Please donate:  https://secure.piryx.com/donate/Owri7yAp/Article-II-Legal-Defense-Fund/PA

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More from CDR Kerchner (Ret):  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/

The Obama constitutional eligibility issue 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

WE NEED YOUR HELP:  If you can, please help the PA legal action to expose the usurper resident in our Oval Office.  Support the PA Ballot Challenge/Objection against Obama filed in PA. Please donate:
https://secure.piryx.com/donate/Owri7yAp/Article-II-Legal-Defense-Fund/PA

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
http://www.protectourliberty.org/
http://www.scribd.com/protectourliberty/collections/
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/progressives’ long-term stealth agenda to transform the USA from a constitutional republic into a top-down, central controlled, socialist form of government

Congressional ‘scholar’ shilling for Obama | by Dr. Jerome Corsi | @ WND.com

Congressional ‘scholar’ shilling for Obama | by Dr. Jerome Corsi | @ WND.com

Read the full report here:  http://www.wnd.com/index.php?fa=PAGE.view&pageId=372977

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Also read this article:  Jack Maskell is a Liar | by Dan Crosby | @ DailyPen: http://thedailypen.blogspot.com/2011/12/congressional-research-service-attempts.html

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To Atty Jack Maskell, of the Congressional Research Service (CRS), the master of the false premise in his efforts to protect Obama in his writings for Congress:

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/

South Carolina Poll Results – A poll done by Public Policy Polling (PPP) shows that almost 2/3 of GOP voters want Obama eligibility 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 socialist form of government