Vattel and the American Dream: An Inquiry into the Reception of the Legal Treatise ‘Law of Nations’ in the United States

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

Vattel and the American Dream: An Inquiry into the Reception of the Legal Treatise ‘Law of Nations or Principles of Natural Law’ in the United States | by Vincent Chetail – Graduate Institute of International and Development Studies (HEI)

[ Or as I would put it:  The man of the enlightenment period whose writings greatly influenced and helped the American Revolutionaries and the Founders & Framers and thus changed the world – Emer de Vattel – via his legal treatise and discussions in Volume 1 about the formation of a nation using principles of Natural Law which would be governed by a written Constitution and the natural law nature of who are the members of that society and the method by which it perpetuates itself ‘The Law of Nations or Principles of Natural Law, Vol.1 Chap. 19‘ — CDR Kerchner (Ret) ]

Abstract: No other book on international law has been more widely read and cited than “The Law of Nations” by Vattel. The present article identifies and analyses the various reasons that explain Vattel’s authority in the United States. It first retraces his influence on the Founding Fathers, on the subsequent diplomatic and judicial practice, and on the legal doctrine in the United States. The article then examines his conception of national sovereignty as the most decisive reason explaining Vattel’s influence in the United States and the overall impact of his work.

Number of Pages in PDF File: 50

Keywords: Vattel, history of international law, law of nations, founding fathers, sovereignty, state equality, independence, right of resistance, legal philosophy, natural law, positive law

Read and download a copy of this important paper about Vattel and his legal treatise ‘The Law of Nations or Principles of Natural Law’ influence on the American Colonies and the founders of our nation at this link:  http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2364449

Vattel’s preeminent legal treatise ‘The Law of Nations or Principles of Natural Law’ of the founding period defines who is a “natural born Citizen” of a country:  http://lonang.com/library/reference/vattel-law-of-nations/vatt-119/

Read more about Vattel’s influence on American common law and the founders of our nation and the framers of our founding documents by Article II constitutional expert Atty Mario Apuzzo:  http://puzo1.blogspot.com/2009/08/law-of-nations-and-not-english-common.html and for many more legal essays about our founding documents and constitutional terms therein written by Atty Apuzzo and the importance of such on current political events see: http://puzo1.blogspot.com

Get a one page flier about this Swiss writer’s paper on the influence of Emer de Vattel’s writings on the founding of our country to use as an educational handout at this link: https://www.scribd.com/doc/301499353/Vattel-and-the-American-Dream

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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)
Lehigh Valley PA USA
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

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

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

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

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

https://youtu.be/a27RfN-ZIqQ

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

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

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

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

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

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

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

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

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

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

Only the Laws of Nature can create a “natural born Citizen”. No man-made, positive law such as the Act of Congress Title 8 Section 1401, adopted pursuant to its naturalization power granted to it under our U.S. Constitution can do so. That law does not even mention “natural born Citizen” nor does the word “natural” appear in it anywhere. Those who conflate “Citizen” at birth created by man-made laws such as Title 8 Section 1401 with the natural law term “natural born Citizen” at birth, are being illogical and are spreading confusion and disinformation. See this link for more on that: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/

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

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

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

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

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

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

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

For more on the term “natural born Citizen”, see the prior historical  and legal writings on the term and also my writings on that term at:  http://www.art2superpac.com/issues.html and https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/  and https://www.scribd.com/collections/3301209/Papers-Discussing-Natural-Born-Citizen-Meaning-to-Constitutional-Standards .  Also watch this video by the renowned constitutional scholar Dr. Herb Titus — Part I: http://www.youtube.com/watch?v=esiZZ-1R7e8 and Part II: https://www.youtube.com/watch?v=xoaZ8WextxQ Also see these papers and writings on Vattel’s influence of the founders and framers: https://www.scribd.com/collections/3224507/Vattel-s-Influence-on-U-S-Founders-Constitution-s-Framers

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

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Senator Cruz, Senator Rubio, and Governor Jindal Should Not Be Allowed to Participate in the Presidential Debates – None Are A “Natural Born Citizen” of U.S.

Obama Not Constitutionally Eligible to be the President and Commander of our Military. Click Image for the Proof.
Various Candidates Not Constitutionally Eligible to be the President. Click Image for the Proof.
Click on image for more info on Atty Apuzzo's legal filings and writings on the true meaning of the legal term of art
Click on image for more of Atty Apuzzo’s writings on the true meaning of the legal term “natural born Citizen”

Senator Cruz, Senator Rubio, and Governor Jindal Should Not Be Allowed to Participate in the Presidential Debates Because They, Like Defacto President Obama, Are All Not Natural Born Citizens and Therefore Not Eligible to Be President

by Atty Mario Apuzzo

“Soon, we will see various presidential candidates debate each other for the right to win their party’s nomination for President and ultimately to win the people’s and Electoral College’s vote for that Office.  The organizations that will be sponsoring these presidential debates, Commission on Presidential Debates, Fox News, Fox Business Network, Reagan Library Foundation, Salem Media Group, CNBC, ABC, CBS, NBC, Telemundo, and National Review, in keeping with their bylaws, should not allow any person who is not constitutionally eligible for that office to debate.  Allowing constitutionally ineligible candidates to debate will only give the false impression to the American people that such persons are constitutionally eligible to be elected President.  This result is more damaging to the Constitution and the rule of law, given that the federal courts refused to get involved in the question of whether de facto President Barack Obama is an Article II natural born citizen.  There has been mentioned in the news of some individuals who will be vying for the Office of President.  These are Senator Ted Cruz, Senator Marco Rubio, and Governor Bobby Jindal.  But these individuals, like Obama, are not natural born citizens and hence not eligible to be elected President.  They should therefore not be allowed to debate.  Allow me to explain. 

Article II, Section 1, Clause 5 provides that for those born before the adoption of the Constitution, having satisfied the 35 years age and 14 years residency requirements, being a “citizen” of the United States was sufficient to be eligible to be President.  It also provides that for those born after the adoption, only a “natural born citizen” of the United States is eligible to be President.  So, with presidential eligibility under Article II, for those born after the adoption of the Constitution, we are looking to define a natural born citizen, not a citizen.  We can also see from this constitutional scheme that in the United States there are only “citizens” or “natural born citizens” and that all natural born citizens are citizens, but not all citizens are natural born citizens. 

The Framers used the natural born citizen clause to assure that future Presidents and Commanders in Chief of the Military would be born citizens of and in allegiance with only the United States from the moment of birth and throughout their lives.  They concluded that such a person would be one to least have sympathies for some foreign power or influence which could result in conflict of interests which could harm the United States and its people.  … “

Continue to read Atty Apuzzo’s new legal essay about the exact citizenship status of several persons considered as candidates for President:  http://puzo1.blogspot.com/2015/05/senator-cruz-senator-rubio-and-governor.html

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Comments by CDR Kerchner (Ret):  Reporters need to ask people mentioned as Presidential and Vice-Presidential candidates the correct question. Not are you a “Citizen” but per the presidential eligibility clause in Article II of our U.S. Constitution, are you a “natural born Citizen” of the United States.

One cannot ignore a word or term in our U.S. Constitution.

Every word in it was chosen carefully and put there for a reason.

As U.S. Supreme Court Chief Justice Roger B. Taney wrote in Holmes v. Jennison, 39 U.S. 540 (1840):

“In expounding the Constitution of the United States, every word must have its due force, and appropriate meaning; for it is evident from the whole instrument, that no word was unnecessarily used, or needlessly added. The many discussions which have taken place upon the construction of the constitution, have proved the correctness of this proposition; and shown the high talent, the caution, and the foresight of the illustrious men who framed it. Every word appears to have been weighed with the utmost deliberation, and its force and effect to have been fully understood.”

Since, as Chief Justice Taney explained, every word in the U.S. Constitution is there for a specific reason, reporters should not be omitting words when asking presidential and/or vice-presidential candidates about their citizenship status.  They should not be asking if the candidates or prospective candidates are simply a “Citizen“.  Instead they should be asking if they are a “natural born Citizen” — to constitutional standards as intended and understood by the founders and framers. The adjective “natural” before the words “born Citizen” means something very specific. It means created by nature or natural law, not by positive, man-made laws such as Title 8 Section 1401, amendments, or treaties. Man-made laws cannot create a “natural born Citizen“. Only the laws of nature and the facts at the time of the persons birth can create a natural born Citizen.

The word “natural” points to the laws of nature and whether both your parents were U.S. citizens when you were born. It takes two U.S. citizens to procreate a natural born Citizen born in this country. A “natural born Citizen” is a person born in the country to parents who are both Citizens of the country.

U.S. Senator Marco RubioU.S. Senator Ted Cruz, and Gov. Bobby Jindal are NOT a natural-born Citizens, and thus are not constitutionally eligible to run for President and Commander in Chief of our military. They should not be permitted to participate in any U.S. Presidential Debates.

And per the last line of the 12th Amendment to our U.S. Constitution, they are also not eligible to run for Vice President either.

I know this is a sad thought for conservatives like myself, but if we wish to protect and uphold the Constitution, we must uphold our Constitution and look to history and original intent and understanding of the words and terms used for an explanation.

UPDATE 05 Oct 2015: See this 1961 U.S. Supreme Court case, Montana v Kennedy, re Ted Cruz’s presidential eligibility status: https://supreme.justia.com/cases/federal/us/366/308/case.html

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

P.S. Also read this essay regarding the constitutional term in the presidential eligibility clause “natural born Citizen” and basic logic, i.e., trees are plants but not all plants are trees. Natural born Citizens are a subset of “born Citizens (citizens at birth)” but not all “born Citizens (citizens at birth)” are “natural born Citizens”: https://cdrkerchner.wordpress.com/2012/06/20/of-natural-born-citizens-and-citizens-at-birth-and-basic-logic-trees-are-plants-but-not-all-plants-are-trees-natural-born-citizens-nbc-are-citizens-at-birth-cab-but-not-all-cab/ … AND … http://www.art2superpac.com/issues.html Also watch this video by the renowned constitutional scholar Dr. Herb Titus — Part I: http://www.youtube.com/watch?v=esiZZ-1R7e8 and Part II: https://www.youtube.com/watch?v=xoaZ8WextxQ

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P.P.S. This is NOT about politics or anything else but the U.S. Constitution, the fundamental law of our land. If we lose the full force and effect of every word in it, we lose our constitutional republic and our rule of law. Amend it via a properly brought and approved constitutional amendment or respect and obey it. Don’t try to dissemble the true original intent, understood meaning, and purpose of the words chosen and used therein when the founders and framers wrote them in the founding era just to achieve some modern day political party agenda and goal.