Natural Born Citizens and USSC Docket 20-1503

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

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

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

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

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

Are the Electoral College’s Votes Valid? Part II

Are the Electoral College’s Votes Valid? Part II | by Sharon Rondeau | @ ThePostEmail.com

(Dec. 26, 2020) — Continuing from Part I of our interview with Atty. Mario Apuzzo on the role of Congress in determining who the next president will be, in this section Apuzzo explained that not only can Congress accept or reject the electoral votes cast for presidential and vice-presidential candidates on the basis of their validity under the 12th Amendment and Electoral Count Act (ECA) of 1877, but its members also have the responsibility under the 20th Amendment to ascertain whether or not all candidates qualify for the offices they seek.

On Sunday, in conjunction with the U.S. Allegiance Institute (USAI), Apuzzo released a letter and amicus curiae brief which members of the public can download, sign and send to their members of Congress urging that on January 6, when the two chambers of Congress meet in joint session for the counting of the electoral votes, all candidates be scrutinized for eligibility as well as whether or not the Electoral College vote count was “regularly given,” in accordance with the ECA.

On the night of November 3, Trump was winning in all six “swing” states of Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin, only to be declared the loser in all as vote counts continued past November 3 and the media announced Biden the “projected winner” of more than the 270 electoral votes required to win on November 7.

Some in the media had oddly predicted that Trump would appear to be winning on November 3 and claim victory “before all the votes are counted.” For months prior to the election, media outlets speculated, quoting Democrat politicians, that Trump will “refuse to leave office” in the event of a Biden win.

“A large percentage of Americans do not think we had a legitimate election,” the USAI/Apuzzo letter to Congress reads on page 3. “While the immediate seizure of evidence and appointment by a Special Counsel, and a Congressional investigation following the election is necessary, you have enough evidence to now reject the electoral college votes of the offending battleground states, Arizona, Georgia, Michigan, Nevada, Pennsylvania, Wisconsin.”

During the first part of our interview, Apuzzo focused on the ECA, which he explained amended the 12th Amendment, which he in turn pointed out amended Article II of the U.S. Constitution dealing with how the president is elected. All electoral votes must be considered “regularly given” to be accepted by Congress, Apuzzo said, quoting the statute. “If the popular vote is not valid, then those electors didn’t receive votes that were regularly cast. So that’s the key: Congress is not bound by the Electoral Vote Act because it assumes that the votes were regularly cast.”

Article II, Section 1, clauses 1-3 of the “original” Constitution states:

… continue reading part II at: https://www.thepostemail.com/2020/12/26/are-the-electoral-colleges-votes-valid-part-ii/

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

Are the Electoral College’s Votes Valid? Part I

Are the Electoral College’s Votes Valid? Part I | by Sharon Rondeau | @ ThePostEmail.com

(Dec. 22, 2020) — On Sunday, the U.S. Allegiance Institute (USAI) posted an eight-page letter urging Congress to file objections to the Electoral College votes to be submitted to Vice President Mike Pence on January 6, 2021, when both congressional chambers meet to count the votes for president and vice president on December 14 at state capitals around the country.

Equally important to consider and debate, the letter states, is the question as to whether or not the candidates “elected” by the members of the Electoral College “qualify” for the offices they seek under the 12th and 20th Amendments.

The 117th Congress will be sworn in on January 3. All “certificates” emanating from the Electoral College are due on December 23 at the offices of the vice president; each secretary of state; the national archivist; and all federal district judges where electoral votes were cast.

“On January 6, 2021, you will be asked to approve the Electoral College votes cast for former Vice President Joe Biden and Senator Kamala Harris and declare the winners of the presidential and vice-presidential election,” the letter begins. “We urge that on that day you count all the constitutionally cast Electoral College votes and object in writing to any which have been cast in violation of the Constitution and federal and state law.”

The USAI encourages all American citizens to send the letter to their U.S. representatives and senators, a point Apuzzo emphasized in an interview with The Post & Email Monday evening.

“The Constitution commands how you are to count all the Electoral College votes,” the letter continues. “You have solid ground on which to stand in making your objection. The first ground is tied to an illegal popular vote occurring in an offending state. The second ground is Senator Kamala Harris not being an Article II ‘natural born Citizen.’”

In 2008, Apuzzo represented CDR Charles F. Kerchner, Jr. (Ret) and three other plaintiffs in a lawsuit naming as defendants Barack Hussein Obama, II, then designated as “President Elect”; Congress and then-Vice President Richard B. Cheney, claiming Obama did not qualify as a “natural born Citizen” as required by Article II, Section 1, clause 5 of the U.S. Constitution to serve as president.

Obama’s claimed father was not a United States citizen when his son, Barack Hussein Obama II, was born, allegedly in Honolulu, HI on August 4, 1961. While Kerchner eventually reached the U.S. Supreme Court, it never received a hearing.

In a 2011 essay on the subject, Apuzzo wrote:

When determining whether a child born in the U.S. is an Article II “natural born Citizen,” the question is not whether the parents of the child are foreign born. Rather, the question is whether they are “citizens of the United States” at the time of the child’s birth in the United States. In Minor v. Happersett, 88 U.S. 162, 167-68 (1875), our U.S. Supreme Court, providing the same definition of a “natural born citizen” as did Emer de Vattel in his The Law of Nations, Section 212 (1758), but without citing Vattel, and not in any way referring to the English common law, stated:

“The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient, for everything we have now to consider, that all children, born of citizen parents within the jurisdiction, are themselves citizens.”

Id., 169 U.S. at 679-80. So as we can see, the Supreme Court told us that a “natural born citizen” is a child born in the country to citizen parents. See also, U.S. v. Wong Kim Ark, 169 U.S. 649, 708 (1898) (distinguished between a “natural born Citizen” and a “citizen of the United States” and cited Vattel and quoted his definition of “natural born Citizen” as did Minor v. Happersett but relied on the English common law to define a born “citizen of the United States” under the 14th Amendment).

Harris was born in Oakland, CA in 1964 to non-citizens Shyamala Gopalan, a citizen of India present in the United States on an extended student visa; and Donald J. Harris, who had also arrived in the U.S. on a student visa from his birth country of Jamaica. At the time of Kamala’s birth, neither parent had resided in the U.S. the required five years to apply for permanent residency or citizenship. … continue reading at: https://www.thepostemail.com/2020/12/22/are-the-electoral-colleges-votes-valid-part-i/

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

David Ramsay’s 1789 Dissertation on Citizenship

David Ramsay
David Ramsay (1749-1815) – Read His 1789 Dissertation on U.S. Citizenship

David Ramsay’s 1789 Dissertation on Citizenship | by Atty Mario Apuzzo| @ Puzo1.BlogSpot.com

In defining an Article II “natural born Citizen,” it is important to find any authority from the Founding period who may inform us how the Founders and Framers themselves defined the clause. Who else but a highly respected historian from the Founding period itself would be highly persuasive in telling us how the Founders and Framers defined a “natural born Citizen. ” Such an important person is David Ramsay, who in 1789 wrote, A Dissertation on the Manners of Acquiring the Character and Privileges of a Citizen (1789), a very important and influential essay on defining a “natural born Citizen.”

David Ramsay (April 2, 1749 to May 8, 1815) was an American physician, patriot, and historian from South Carolina and a delegate from that state to the Continental Congress in 1782-1783 and 1785-1786. He was the Acting President of the United States in Congress Assembled. He was one of the American Revolution’s first major historians. A contemporary of Washington, Ramsay writes with the knowledge and insights one acquires only by being personally involved in the events of the Founding period. In 1785 he published History of the Revolution of South Carolina (two volumes), in 1789 History of the American Revolution (two volumes), in 1807 a Life of Washington, and in 1809 a History of South Carolina (two volumes). Ramsay “was a major intellectual figure in the early republic, known and respected in America and abroad for his medical and historical writings, especially for The History of the American Revolution (1789)…” Arthur H. Shaffer, Between Two Worlds: David Ramsay and the Politics of Slavery, J.S.Hist., Vol. L, No. 2 (May 1984). “During the progress of the Revolution, Doctor Ramsay collected materials for its history, and his great impartiality, his fine memory, and his acquaintance with many of the actors in the contest, eminently qualified him for the task….”  …  continue reading at:   https://puzo1.blogspot.com/2010/04/founder-and-historian-david-ramsay.html

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Click here for more about the founding generation leader, scholar, and noted historian David Ramsay, who was a peer of Franklin, Washington, and Jefferson, and his writings on the natural born Citizen term.

To get a PDF copy of David Ramsay’s 1789 Dissertation on Citizenship click here .

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

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

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

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

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

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

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

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

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

8. Read, download, and print a PDF copy of this White Paper by CDR Charles Kerchner (Ret) about the “natural born Citizen” term and presidential eligibility clause in Article II of our U.S. Constitution here: http://www.kerchner.com/protectourliberty/The-Who-What-When-Where-Why-and-How-of-NBC-Term-in-Constitution.pdf