“The Way I See It” is an attempt by the columnist to enlighten readers on a subject as he views it, and does not necessarily reflect the views of this publication.
On Citizenship
Once again there is big discussion on Citizenship. So I will again try to explain: Note:(My comments in parenthesis)
Jus soli citizenship: “Jus soli” is a Latin phrase meaning “law of the soil.” Jus soli citizenship is any citizenship that inheres in a person based on the location of his or her birth.
Jus sanguinis citizenship: “Jus sanguinis” is a Latin phrase meaning “law of the blood.” Jus sanguinis citizenship is any citizenship that inheres in a person based on his or her ancestry.
Native born citizenship: A native born citizen is one whose citizenship derives from the facts of his birth, and who becomes a citizen at the moment of birth. This is a 14th Amendment citizen. “All Persons born or naturalized in the United States and subject to the Jurisdiction thereof, are citizens of the United States and the State herein they reside. Emphasis added. (I submit that Illegal Aliens are not qualified because they are obviously here in DEFIANCE of “US jurisdiction”, and are, in fact, CRIMINAL INVADERS. Also those persons traveling in, or temporarily in the US by Passport and Visa are under the “jurisdiction” of the country issuing their Passport and allowed here temporarily for the purpose stated on their Visa. To be fully under US Jurisdiction one must be a citizen, or a Permanent Resident declared to the intention of becoming a US citizen.)
Naturalized citizenship: A naturalized citizen is one whose citizenship is granted by statute or by the decision or act of a sovereign.
Natural born citizenship: A natural born citizen is one whose citizenship is beyond dispute, not synthetic, not subject to conflicting claims, not granted by statute or by any act of a sovereign, but inheres naturally in the person according to principles that don’t depend on laws or decisions of a sovereign.
US Constitution, Article II, Section 1, para 5 states: “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; (the one exception is moot, all those patriots that fought and supported the Revolution are long dead.) “natural Born Citizen” is only mentioned that one time in the Constitution and obviously meant more than “citizen”. The Framers of the Constitution studied the different types of govt, and the Law as they knew it. At the time, the standard text on International Law was Law of Nations. First published in French in 1758 by Emer de Vattel, a Swiss, it was published in English in 1760 and widely read by the educated people in England and the American Colonies. http://www.constitution.org/vattel/vattel_01.htm Vattel states:
Book 1, Section 212. Citizens and natives.
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country. (emphasis added)
There was much discussion among the Founders and Framers of the Constitution because The President was also the Commander-in-Chief of the Military and the Militia. And the Militia was defined as “the whole people, excepting a few public officials”. The “natural born Citizen” requirement to ensure there was no mixed loyalty, some Americans wanted a requirement of military service to judge the candidate as a military commander, but that was voted down by those that hoped for peace with other nations. The only exception was for those who had fought in the Revolution.
To explain, I offer the following:
Drawing from Max Farand’s Records of the Federal Convention of 1787, historian George Bancroft characterized the debate on qualifications for the Presidency in his History of the Formation of the Constitution of the United States (1884) (Volume 1 Page 346):
“One question on the qualifications of the president was among the last to be decided. On the twenty-second of August the committee of detail, fixing the requisite age of the president at thirty-five, on their own motion and for the first time required that the president should be a citizen of the United States, and should have been an inhabitant of them for twenty-one years. The idea then arose that no number of years could properly prepare a foreigner for the office of president; but as men of other lands had spilled their blood in the cause of the United States, and had assisted at every stage of the formation of their institutions, the committee of states who were charged with all unfinished business proposed, on the fourth of September, that ‘no person except a natural-born citizen, or a citizen of the United States at the of the adoption of this constitution, should be eligible to the office of president,’ and for the foreign-born proposed a reduction of the requisite years of residence to fourteen. On the seventh of September, the modification, with the restriction as to the age of the president, was unanimously adopted.” (emphasis added)
The 14th Amendment has been used to confuse “Native born” with ‘natural born Citizen’, but that is false. Under the original intent Indians were excluded because their loyalty was to their Tribe, not the USA, and many Indian tribes were at war with the USA in 1868. This was changed by law in 1934. Sen. Jacob Howard of Michigan, author of the citizenship clause, expressly stated: “This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers.” However, later intentional misinterpretations by socialist activist judges have created the “Anchor Baby” excuse to let illegal aliens stay and feed off the Welfare State. In 1982, Justice Brennan slipped a footnote into his 5-4 opinion in Plyler v. Doe, asserting that lawful, and resident aliens whose entry was unl“no plausible distinction with respect to Fourteenth Amendment ‘jurisdiction’ can be drawn between resident aliens whose entry into the United States was awful.” “Justice” Brennan cited a 1912 book written by Clement L. Bouve as his authority. Mr. Bouve was not a judge or an elected official, just a guy that wrote a book. (This is INSANE, equaling lawful immigrants with Criminal Invaders. Only a ‘Liberal Progressive Socialist’ could come to that equivalence.) The above info is documented historical facts, not “Opinion”. 2008 data showed an “anchor baby’ was born every 93 seconds, probably even more often now.
Also, we should follow the Constitution on our choice for President, even if the Federal Courts refuse to enforce it. Also we should recognize there is a 4th way that ‘Migrants’ can achieve “citizenship”, and that is by invasion and conquest. Look at what the Muslims are doing now in many European Countries, also the demands that some “immigrants”, legal and illegal, are making here.
My Opinion on Citizenship:
The Liberal Progressives changed the Immigration Law in 1965, from most immigrants coming from European democracies to many coming from Third World dictatorships and socialist hell-holes. They also did away with ‘Sponsors’ of immigrants posting a ‘Bond’ to insure that the immigrant would not become a ‘Ward of the State’ subsisting on welfare. These things brought an influx of poor, poorly educated people with no history of the American values of freedom, independence, and individual responsibility. These people were easily convinced to become dependent on Big Govt. The Liberal/Progressive Elites did this intentionally. Their “Community Organizers” could easily convince most of these new residents becoming citizens to support Socialist Democrat programs. They hastened the change in demographics and political philosophy by encouraging Americans to abort their “natural born Citizen” babies. They added new immigrants, both legal and illegal, to their Welfare State to increase the bureaucracy that hired thousands of people heavily indoctrinated in socialist theory and philosophy. The Lib/Prog Elitists took over the Colleges and Universities, and indoctrinated the students in their socialist ideas. Soon “Political Correctness” became so entrenched that no one would dare to even question socialist programs. The idea that immigrants came to America to assimilate and be Americans has been discounted, and “Diversity” was celebrated. This “diversity” has morphed into anti-Christian, anti-capitalist, and anti-American behavior being accepted, and homosexuality and gender confusion being the “new norm”. Anyone that questions the wisdom of this destructive political trend is called “homophobic, racist, bigot, and nativist”.
We need to deport the Criminal Invaders starting with the known criminals and the most recent arrivals. Enforcement of laws against employees hiring illegals will encourage illegals to either get legal or self-deport. We must drastically reduce immigration until the ones we have are better assimilated and the economy starts to grow again. We must reduce the welfare available to any able-bodied people, and it must be limited to citizens only. Millions of workers have been put on SSI Disability to make the Unemployment numbers look better. We need to put these people back to work, not import millions of foreigners. And we must secure our borders or we will cease to exist as a Sovereign Nation.
In the current election for President, 3 GOP candidates are NOT Constitutionally eligible. I think the ‘Mainstream Media’ turned Marco Rubio’s flighty head by their touting him as a GOP Presidential Candidate after he had been a Senator for only a few months. I’m convinced that they did this to protect Obama’s un-Constitutional “pResidency” by tricking the Republicans to supporting a candidate that was not a “natural born Citizen”. Neither of Rubio’s parents were US citizens at the time of his birth, but were legal residents, they refused to become citizens until much later, after they gave up hope of Castro being overthrown.
The Media again touted Ted Cruz as a potential conservative GOP presidential candidate to get the GOP to acquiesce to Obama’s unconstitutionality. I thought Ted Cruz was too smart to fall for that ploy, but was wrong. There he was, a professed Constitutional scholar, expert litigator, and loves the Constitution, saying he was renouncing his Canadian citizenship, so he was “now eligible”. Obviously FALSE! He was born in Canada, his father was still a Cuban citizen, his US citizenship through his US citizen mother was “automatic Naturalization”, even less than Rubio, and Obama, if he was born in Hawaii. Both were ‘Native born’ 14th Amd citizens. Needless to say, I was hugely disappointed in Senator Ted Cruz. If he had stood by the correct interpretation, he had a chance to be a “Constitutional Hero”, guaranteeing his re-election as Senator, and on the fast-track to a Supreme Court Justice appointment, but he let Media encouragement and ego destroy his honor. The District of Corruption had corrupted the one I though was uncorruptable. (EPIC FAIL! Ted.)
Bobby Jindal was born in the US about five months after his parents legally immigrated. His mother became a US citizen soon after her five years residency was complete, but his father waited another five years.
All of these candidates have only one of the 3 requirements of “natural born Citizen” as written in Law of Nations and intended by the Framers of the Constitution.
William D. Brayshaw
