CDR Kerchner (Ret)'s Blog

February 14, 2016

Euler Logic Diagram Shows Logical Relationship of Constitutional Article II “natural born Citizens” to Other Type “Citizens” of the United States

Euler Logic Diagram Shows Logical Relationship of Constitutional Article II “natural born Citizens” to Other Type “Citizens” of the United States

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 Command in Chief or the Vice-President. Click on Image For More Information.

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.

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My comment: Neither Ted Cruz or Marco Rubio who are two active candidates [and the candidate Jindal whose campaign is in suspension – nor Nikki Halley who is often mentioned as a Vice-Presidential candidate] were at birth born to two U.S. Citizen parents in the USA and thus all of these candidates for high office are NOT a “natural born Citizen” of the United States with sole allegiance at birth to only the USA. Each of the above were born with citizenship in more than one country and thus have “divided allegiance” and “foreign influences” on them by and at birth. No matter what you think of their politics, like them or not, they are NOT constitutionally eligible for the office they seek. Obama has shown us what one can get when one allows a person with divided allegiances via birth into the Oval Office. The “natural born Citizen” clause in our Constitution is a national security clause and must be defended and upheld as originally understood and intended. We must defend the Constitution no matter which political party seeks to subvert it. Read the “A Lesson From History” report below as to how and why the “natural born Citizen” clause was added to the presidential eligibility clause of our U.S. Constitution to provide a “strong check” against “foreign influence” in the words on our founders on who could be President and Commander in Chief in the future once the founding generation was gone. The “natural born Citizen” are the “Three Leaf Clovers of U.S. Citizens, not Four Leaf Clovers“, and it is from this, the by far the largest subset of all U.S. Citizens that the founders and framers restricted from whom we must choose our President and Commander in Chief or Vice-President.  – CDR Charles Kerchner (Ret).
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Obama Not Constitutionally Eligible to be the President and Commander of our Military. Click Image for the Proof.

Cruz and Rubio (and Obama) Not Constitutionally Eligible to be the President and Commander of our Military. Click Image for the Proof.

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 … No, It Was Not!

By: CDR Charles F. Kerchner, Jr., (Retired)

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. Another version of Hamilton’s proposed Constitution and which principles were stated during the convention’s deliberations per Madison notes and journal (see work of Farrand – pg 619), was given to Madison near the close of the convention for inclusion in Madison record of events for the convention. Hamilton’s proposed Constitution was not accepted.

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 rightly 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 treatise on 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 proposed principles for a Constitution and a presidential citizenship eligibility requirement therein requiring that a Citizen simply had to be ‘born a Citizen’ of the USA, i.e., a Citizen by Birth. See Madison’s comment in his journal of the convention re this fact in which it reports as follows: ” … Copy of a paper Communicated to J. M. by Col. Hamilton, about the close of the Convention in Philada. 1787, which he said delineated the Constitution which he would have wished to be proposed by the Convention: He had stated the principles of it in the course of the deliberations. …” — 3 Max Farrand, The Records of the Federal Convention of 1787, at 619-630 (1911) – page 619. But that citizenship status for who could be President 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 via George Washington, i.e., requiring the Citizen to be a “natural born Citizen“, to block any chance of the person with foreign influence or 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 and recommended clause added the additional adjective of “natural” before simply being a “born Citizen” which 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.

The current defacto president and unconstitutional occupier of the Oval Office 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.

Ted Cruz was born a citizen of Canada due his birth in Canada to a Cuban father. Marco Rubio was born a citizen of Cuba due to his birth to two Cuban national parents when he was born. And Bobby Jindal was born a citizen of India due to his birth to parents who were citizens of India when he was born. Thus all three were born with citizenship in more than one country and divided allegiances at birth.

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, is a person who is simply being declared “born a Citizen” at/by birth by STATUTORY LAWS passed at some point in time by Congress, and liberalized more and more from time to time by Congress, per its “Naturalization Powers” permitted constitutionally to 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 not eligible (to constitutional standards) to serve as President and Commander in Chief of the military. And the same goes for Cruz, Rubio, and Jindal.

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

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

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.P.S. Obama is NOT a “natural born Citizen of the United States” to U.S. Constitutional standards. 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)”. 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/ Also read the “Three Legged Stool Test” for 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/ … AND … http://www.art2superpac.com/issues.html Also watch this video by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8

February 13, 2016

Marco Rubio is Missing Two Legs! – He Cannot Constitutionally Stand for Pres or VP – He Fails Three Legged Stool Test for “natural born Citizen”

Marco Rubio Fails Three Legged Stool Test for “natural born Citizen”. Click on Image for Details.

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

Marco Rubio is Missing Two Legs! – He Cannot Constitutionally Stand for President or Vice-President – He Fails The Three Legged Stool Test for “Natural Born Citizen“.

See the Three Legged Stool Test for “natural born Citizen” of the United States to Constitutional Standards as It Applies to Who Can be President and Commander-in-Chief of Our Military.

Marco Rubio was born to a Cuban Citizen father (minus one leg) and to a Cuban Citizen mother (minus the 2nd leg).

For a Printable PDF File of the Details Click Here.

Marco Rubio was a basic “Citizen” at birth of the United States by being born in Miami FL. But he was also a Cuban “Citizen” at birth via inheriting Cuban citizenship via Jus Sanguinis laws recognized by the U.S. and Cuba from his Cuban foreign national alien parents.  He was born a dual-Citizen of Cuba and the U.S. with divided allegiances at birth. He was born with “foreign influence” on him at and by birth which the founders and framers did NOT want for future Commander in Chiefs of our military forces. He is NOT a “natural born Citizen” to constitutional standards.  Adjectives mean something!  The adjectives “natural born” before the word/noun “Citizen” mean something!

Marco Rubio is definitely NOT constitutionally eligible and is pushing the presidential eligibility envelope, meaning, and originalism understanding of that constitutional term far beyond what the founders and framers understood “natural born Citizen” to mean when they chose that term for who could be the President and Commander in Chief of our military once the founding generation was passed.

A “natural born Citizen” of the United States is a child born with Undivided and Sole Allegiance and Unity of Citizenship at birth to one and only one country — the USA, i.e., a child born in the USA of two (2) U.S. Citizens. The parents can be Citizens by Birth or they can be Citizens by Naturalization later in life after immigrating to the USA. But to create a “natural born Citizen” of the United States both parents must be Citizens at the time the child is born in the USA. See this legal reference book used by the founders and framers of our Constitution: Law of Nations or Principles of Natural Law, Vol.1 Chapter 19 Section 212, Emer de Vattel, 1758-1797. The overwhelming majority (probably 85%+) of citizens in the United States are natural born Citizens. This clause was added for future presidents as a national security clause. It is from the group of natural born Citizens that our founders prescribed in the presidential eligibility clause in Clause 5, Section 1 of Article II of the U.S. Constitution that we shall choose a President and Commander in Chief of our military as a strong check against foreign influence via birth allegiances on the person in that singular and most powerful office. One needs all three citizenship legs to be a natural born Citizen and have sole allegiance and claim on you at birth to one and only one country — the United States: 1. Born in the USA. 2. Father must be a U.S. Citizen (born or naturalized). 3. Mother must be U.S. Citizen (born or naturalized). Like a three legged stool if you take away any of these three citizenship legs of the Article II constitutional intent and requirement to being a natural born Citizen, i.e., being born with unity of citizenship in and sole allegiance to the USA, the child is born with more than one country’s citizenship and claim of allegiance/citizenship on them at their birth and thus they are NOT a natural born Citizen of the United States.

In this test and analogy of a stool designed to stand on three legs and if it is missing a leg, it falls down, likewise the person’s claim to ‘natural born Citizenship’ fails if the person does not have all three citizenship legs required to be a natural born Citizen at the time of their birth. See the below Venn Diagram which logically and graphically shows how a natural born Citizen has the intersection and unity of all three Citizenship statuses at birth. Read this essay “ Of Trees and Plants” on basic logic which explains that being simply a “Citizen at Birth (CAB)” does not necessarily make oneself a “natural born Citizen (NBC) at Birth”. Natural born Citizens are overwhelmingly the largest subset of all American citizens. The location of birth being in the U.S. to a U.S. father and U.S. mother … all being U.S. Citizens at the time of birth is the only way one achieves natural born Citizenship status. Natural born Citizenship is gained by the laws of nature not by any man-made law or statute or even a constitutional amendment granting that status. Natural born Citizens need no act of man for their Citizenship was created by nature and nature’s Creator. Natural born Citizens of the United States have sole allegiance to one and only one country at birth … the United States. No foreign power or country can claim their allegiance under U.S. law or the Law of Nations. Over 85% of American citizens fit that requirement, i.e., born in the USA of two U.S. Citizen (born or naturalized) parents. Natural born citizens are the 3 Leaf Clovers of the American citizens, Not the 4 Leaf Clovers. It is from those 85% of American citizens that our founders and framers directed us via Article II, Section 1 of the U.S. Constitution that we shall choose our President and Commander-in-Chief, not a dual-citizen son of a foreign national and British Subject father who was never even an immigrant to this country, and said child being born a British subject himself via his foreign national father, as is the case with Obama’s birth status.  Nor for the case of Ted Cruz who was born in Canada (and thus is a Canadian citizen by birth) to a foreign national Cuban father (and thus also a Cuban citizen by birth).  Cruz and Obama were born with multiple allegiances and citizenships at birth.  Nor for the case of Marco Rubio who while born in the USA was born to two foreign national (Cuban Citizens). None of these three are a “natural born Citizen” of the United States and none are consitutionally eligible to serve as President and Commander in Chief of our Military.

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”

More historical and legal papers and analysis on the true constitutional meaning and intent of the founders and framers of the presidential eligibility clause, natural born Citizen, in our U.S. Constitution can be found at this link: http://www.scribd.com/collections/3301209/

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

P.S. Also read — Redux for People Seeking Constitutionally Eligible Presidential Candidates: http://www.scribd.com/doc/160107354/Natural-Born-Citizen-3-Not-4-Leaf-Clover-Type-of-Citizenship

P.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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February 10, 2016

Help Stop The Constitutionally Ineligible Ted Cruz and Marco Rubio

Help Stop The Constitutionally Ineligible

Ted Cruz & Marco Rubio – Elex Sign Petitions – Click on Image

Get Printable PDF Copy of Cruz Petition Here — Get Printable PDF Copy of Rubio Petition Here

Stop The Constitutionally Ineligible Ted Cruz and Marco Rubio

Stop The Constitutionally Ineligible Ted Cruz and Marco Rubio – Read and Electronically Sign the Petitions.  Click on Image for More Details.

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

Marco Rubio Fails Three Legged Stool Test for "natural born Citizen". Click on Image for Details.

Marco Rubio Fails Three Legged Stool Test for “natural born Citizen”. His Parents Not U.S. Citizens. Click on Image for Details.

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.P.S. Obama is NOT a “natural born Citizen of the United States” to U.S. Constitutional standards. 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)”. 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/ Also read the “Three Legged Stool Test” for 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/ … AND … http://www.art2superpac.com/issues.html Also watch this video by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8

February 8, 2016

CDR Kerchner (Ret) Will Be on The Peter Boyles Radio Show – 710 KNUS Denver CO – 9 A.M. EST Wed 10 Feb 2016

Peter Boyles Radio Show - 710 KNUS Denver Co

Peter Boyles Radio Show – 710 KNUS Denver Co

cdrkerchner

Click on image for more information

Appearance Canceled — CDR Charles Kerchner (Ret) of Protect Our Liberty Will Be on The Peter Boyles Radio Show – 710 KNUS Denver CO at 9:00 A.M. EST on Wednesday, 10 Feb 2016, discussing the “natural born Citizen” Constitutional Term and Ted Cruz’s Lack of Constitutional Eligibility to be President and Commander in Chief.  The “natural born Citizen” Clause is a National Security Clause put in the Constitution by John Jay and George Washington as a Strong Check against Foreign Influence to Prevent Anyone Born with Divided Allegiances and Dual-Citizenship from Gaining Command of Out Military.

Listen to the show live or later that day on podcast at:  http://www.710knus.com/peterboyles/

Announcement and Update:  The Petition Drive to Stop the Canadian-Born Constitutionally Ineligible Ted Cruz Can Now be Signed and Sent Electronically. See New Feature Here.

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My comment: Neither Ted Cruz or Marco Rubio who are two active candidates [and the candidate Jindal whose campaign is in suspension] were at birth born to two U.S. Citizen parents in the USA and thus all three are NOT a “natural born Citizen” of the United States with sole allegiance at birth to only the USA. Each of the above were born with citizenship in more than one country and thus have divided allegiance and foreign influences on them by and at birth. No matter what you think of their politics, like them or not, they are NOT constitutionally eligible for the office they seek. Obama has shown us what one can get when one allows a person with divided allegiances via birth into the Oval Office. The “natural born Citizen” clause in our Constitution is a national security clause and must be defended and upheld as originally understood and intended. We must defend the Constitution no matter which political party seeks to subvert it – CDR Charles Kerchner (Ret).
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Obama Not Constitutionally Eligible to be the President and Commander of our Military. Click Image for the Proof.

Cruz and Rubio (and Obama) Not Constitutionally Eligible to be the President and Commander of our Military. Click Image for the Proof.

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 … No, It Was Not!

By: CDR Charles F. Kerchner, Jr., P.E. (Retired)

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. Another version of Hamilton’s proposed Constitution and which principles were stated during the convention’s deliberations per Madison notes and journal (see work of Farrand – pg 619), was given to Madison near the close of the convention for inclusion in Madison record of events for the convention. Hamilton’s proposed Constitution was not accepted.

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 rightly 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 treatise on 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 proposed principles for a Constitution and a presidential citizenship eligibility requirement therein requiring that a Citizen simply had to be ‘born a Citizen’ of the USA, i.e., a Citizen by Birth. See Madison’s comment in his journal of the convention re this fact in which it reports as follows: ” … Copy of a paper Communicated to J. M. by Col. Hamilton, about the close of the Convention in Philada. 1787, which he said delineated the Constitution which he would have wished to be proposed by the Convention: He had stated the principles of it in the course of the deliberations. …” — 3 Max Farrand, The Records of the Federal Convention of 1787, at 619-630 (1911) – page 619. But that citizenship status for who could be President 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 via George Washington, i.e., requiring the Citizen to be a “natural born Citizen“, to block any chance of the person with foreign influence or 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 and recommended clause added the additional adjective of “natural” before simply being a “born Citizen” which 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.

The current defacto president and unconstitutional occupier of the Oval Office 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.

Ted Cruz was born a citizen of Canada due his birth in Canada to a Cuban father. Marco Rubio was born a citizen of Cuba due to his birth to two Cuban national parents when he was born. And Bobby Jindal was born a citizen of India due to his birth to parents who were citizens of India when he was born. Thus all three were born with citizenship in more than one country and divided allegiances at birth.

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, is a person who is simply being declared “born a Citizen” at/by birth by STATUTORY LAWS passed at some point in time by Congress, and liberalized more and more from time to time by Congress, per its “Naturalization Powers” permitted constitutionally to 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 not eligible (to constitutional standards) to serve as President and Commander in Chief of the military. And the same goes for Cruz, Rubio, and Jindal.

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

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

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.P.S. Obama is NOT a “natural born Citizen of the United States” to U.S. Constitutional standards. 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)”. 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/ Also read the “Three Legged Stool Test” for 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/ … AND … http://www.art2superpac.com/issues.html Also watch this video by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8

February 7, 2016

Memo – Canadian Elections and Citizenship Procedure and Resources – NOT FOR LEGAL ADVICE | by Anonymous

Ted Cruz Cannot Constitutionally Stand for President or VP. He is Constitutionally Missing Two Legs!

Ted Cruz Cannot Constitutionally Stand for President or VP of the United States. He is Constitutionally Missing Two Legs!

Memo – Canadian Elections and Citizenship Procedure and Resources – NOT FOR LEGAL ADVICE | by Anonymous

Read, download, and/or print a copy here: https://www.scribd.com/doc/298348909/Memo-Canadian-Elections-and-Citizenship-Procedure-and-Resources-NOT-for-LEGAL-ADVICE

My comment:  What more information is Ted Cruz and his parents not releasing and keeping secret in Calgary, Canada?  Where are certified copies of Ted Cruz’s father’s Canadian naturalization papers? Exactly what date did Ted’s father become a Canadian citizen? Time for more investigative reporters to go up there and really start digging.

Another Question – Was Ted Cruz also born a Cuban citizen?  Why is no one asking about Ted also possibly inheriting Cuban citizenship from his father via Cuban statutory or constitutional laws in the same manner he inherited simple, basic U.S. Citizenship via U.S. statutory naturalization at birth acts/laws via his mother?  Why has no one asked Ted questions about his probable inherited Cuban citizenship at birth?

Suggested question for Ted: When were you aware you were born a Cuban citizen via your father being a native born Cuban citizen and when did you renounce your Cuban citizenship?

Ted Cruz, if you were born an American citizen via your American born mother than you were also born a Cuban citizen via your Cuban born father.  Please explain that.

Of how many countries was Ted Cruz a Citizen of and Owed Allegiance to when he was born?  What would the founders of our nation who warred with Canada and the framers of our U.S. Constitution think of all this and the unanswered questions about a person born with foreign allegiance(s) who wants to be Commander in Chief of our military forces? — CDR Kerchner (Ret) – ProtectOurLiberty.org

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constitution-with-flag-background.jpg

For the true Originalist understanding and meaning of “natural born Citizen” click on the image

A Lesson from History. Is Being Simply 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 … No, It Was Not!

By: CDR Charles F. Kerchner, Jr., P.E. (Retired)

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. Another version of Hamilton’s proposed Constitution and which principles were stated during the convention’s deliberations per Madison notes and journal (see work of Farrand – pg 619), was given to Madison near the close of the convention for inclusion in Madison record of events for the convention. Hamilton’s proposed Constitution was not accepted.

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 rightly 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 treatise on 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 proposed principles for a Constitution and a presidential citizenship eligibility requirement therein requiring that a Citizen simply had to be ‘born a Citizen’ of the USA, i.e., a Citizen by Birth. See Madison’s comment in his journal of the convention re this fact in which it reports as follows: ” … Copy of a paper Communicated to J. M. by Col. Hamilton, about the close of the Convention in Philada. 1787, which he said delineated the Constitution which he would have wished to be proposed by the Convention: He had stated the principles of it in the course of the deliberations. …” — 3 Max Farrand, The Records of the Federal Convention of 1787, at 619-630 (1911) – page 619. But that citizenship status for who could be President 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 via George Washington, i.e., requiring the Citizen to be a “natural born Citizen“, to block any chance of the person with foreign influence or 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 and recommended clause added the additional adjective of “natural” before simply being a “born Citizen” which 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.

The current defacto president and unconstitutional occupier of the Oval Office 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.

Ted Cruz was born a citizen of Canada due his birth in Canada to a Cuban father. Marco Rubio was born a citizen of Cuba due to his birth to two Cuban national parents when he was born. And Bobby Jindal was born a citizen of India due to his birth to parents who were citizens of India when he was born. Thus all three were born with citizenship in more than one country and divided allegiances at birth.

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, is a person who is simply being declared “born a Citizen” at/by birth by STATUTORY LAWS passed at some point in time by Congress, and liberalized more and more from time to time by Congress, per its “Naturalization Powers” permitted constitutionally to 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 not eligible (to constitutional standards) to serve as President and Commander in Chief of the military. And the same goes for Cruz, Rubio, and Jindal.

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

CDR Charles Kerchner, P.E. (Retired)
http://www.scribd.com/protectourliberty/collections/
http://www.protectourliberty.org
https://cdrkerchner.wordpress.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”.
P.P.P.S. Obama is NOT a “natural born Citizen of the United States” to U.S. Constitutional standards. 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)”. 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/ Also read the “Three Legged Stool Test” for 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/ … AND … http://www.art2superpac.com/issues.html Also watch this video by the renowned constitutional scholar Dr. Herb Titus: http://www.youtube.com/watch?v=esiZZ-1R7e8

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