John Bingham, drafter of the 14th amendment: “natural born citizen is born in the U.S. Territories to parents, who didn’t owe allegiance to other sovereignties.”
Posted on | January 8, 2016 | 25 Comments
from the time of the adoption of the Constitution until today the standard was “One born in the country to parents who are citizens, do not owe their allegiance to others.” The U.S. Constitution was based in no small measure upon the book The Law (( Nations by Emer de Vattel, stating that “Natural Born Citizens” are ones born in the “Nations to citizens. (Emer De Vattel, The Law of Nations, p. 499, section 212).
The Law of Nations
French Edition
1758
“natural born citizens are those born in the country, of parents who are citizens”
The Law of Nations, Ch. XIX, Emer de Vattel (1714-1767), First English Edition 1760, Knud Haakonssen, General Editor, LIBERTY FUND, INC., 8335 Allison Pointe Trail, Suite 300, Indianapolis, Indiana 46250-1684 © 2008.
Natural born citizen of the United States
From Wikipedia, the free encyclopedia
https://en.wikipedia.org/wiki/Natural_born_citizen_of_the_United_States
A similar definition was used by John A Bingham, drafter of the 14th amendment to the United States Constitution, who stated during Congressional Hearings that a “natural born citizen is born in the U.S. Territories to parents, who didn’t owe allegiance to other sovereignties.”
There is no record of a debate on the “natural born Citizen” qualification during the Constitutional Convention. This clause was introduced by the drafting Committee of Eleven, and then adopted without discussion by the Convention as a whole. One possible source of the clause can be traced to a July 25, 1787 letter from John Jay to George Washington, presiding officer of the Convention. Jay wrote: “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.”
John Jay (December 12, 1745 – May 17, 1829) was an American politician, statesman, revolutionary, diplomat, a Founding Father of the United States, and the first Chief Justice of the United States (1789–95).
https://en.wikipedia.org/wiki/John_Jay
United States v. Wong Kim Ark, 169 U. S. 649 (1898): “Every person born in the United States, and subject to the jurisdiction thereof becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory; or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.”
According to Wong Kim Ark ones born outside of the country are naturalized by the act of congress, not natural-born:
United States v. Wong Kim Ark, 169 U. S. 649 (1898): “Every person born in the United States, and subject to the jurisdiction thereof becomes at once a citizen of the United States, and needs no naturalization. A person born out of the jurisdiction of the United States can only become a citizen by being naturalized, either by treaty, as in the case of the annexation of foreign territory; or by authority of Congress, exercised either by declaring certain classes of persons to be citizens, as in the enactments conferring citizenship upon foreign-born children of citizens, or by enabling foreigners individually to become citizens by proceedings in the judicial tribunals, as in the ordinary provisions of the naturalization acts.”
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January 8th, 2016 @ 5:59 am
Geraldo interestingly agreeing that Cruz is in murky territory and that the issue should go to court. He jokingly stated that Cruz could run for Canadian Prime Minister…
January 8th, 2016 @ 7:48 am
There can be no doubt as to the source of the term “Natural Born” and to the intended definition of the founders of this conceptually new nation of “WE THE PEOPLE”.
There just is no other source that does explicitly and unambiguously defines the term “Natural Born Citizen” but the book authored by Emmerich de Vattel’s “Law of Nation” which is definitely referred to by name within the Constitution itself. Even wikipedia acknowledges its influence on the original congress and the credit bestowed by Benjamin Franklin.
That this can be, and is so readily verifiable is undeniable proof that the debate over defining the term “Natural Born” U.S. citizen is intentional deflection and subversion of truth for the purpose of imposing treason by the foreign infiltration of our highest office.
Only the ignorant, traitorous liars, or cowards, refer to obama as president. Only the ignorant, traitorous liars, or cowards, claim cruz, rubio, jindal, or even mccain, are “Natural Born” U.S. citizens.
January 8th, 2016 @ 8:03 am
Everybody was trying to obscure the Constitution on last night news, even Hannity – surprisingly, Geraldo was the only exception.
January 8th, 2016 @ 10:14 am
This section could mean there are no “anchor babies”.
United States v. Wong Kim Ark, 169 U. S. 649 (1898): “Every person born in the United States, and subject to the jurisdiction thereof becomes at once a citizen of the United States, and needs no naturalization.
Illegals are not subject to the jurisdiction.
January 8th, 2016 @ 1:25 pm
@#4 Extirpates;
That is exactly right. Birth right citizenship (anchor baby) is a fallacy that preys on the average person’s ignorance of the true meaning of “jurisdiction” as applied in the 14th amendment to implement their first phase of the illegal invasion and the depression of labor costs, along with all the rest of the destructive effects on our economy and culture.
January 8th, 2016 @ 5:35 pm
Article 2 Section 1 of the Constitution reads: 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.
If two citizen parents were not required for ‘Natural Born Citizen’ status then there is no possible logical reason for the adoption clause in Article 2 Section 1. All the founders were charter citizens with non-citizen parents because the country did not exist when their parents gave birth to them. And there were many citizens at that time who were born on U.S. soil but not to citizen parents for the same obvious reason. The only distinguishable difference between the “citizens at the time” and a “natural born citizen” is the citizenship of the parents at the time of birth. The founders knew it would take a generation to produce the first ‘Natural Born Citizen’ born on U.S. soil from parents who were citizens to produce a candidate free from any direct foreign birthright allegiances. The founders needed to include the charter citizens in order to have Presidential candidates (themselves) until a ‘Natural Born Citizen’ could be available for candidacy. At the time of the adoption there were only two groups of charter citizens available for the candidate pool…native born citizens (born on U.S. soil to non-citizen parents) and naturalized citizens (those born abroad). If either of these groups were eligible to hold office as President then there would be no reason for the adoption clause nor would there be a need to distinguish ‘Natural Born Citizens’. And to those who would suggest that the adoption clause was because the ‘soil’ was British before the adoption and that it was strictly a matter of jus soli, the article would read ‘no person except a native born citizen’ instead of ‘no person except a natural born citizen’ as it was well understood and a part of the language of the day to regard a person born on the soil a native born citizen.
President Chester Arthur was born on US soil to a US citizen mother, but faced an eligibility challenge because his father was not a citizen when Chester was born. Before the authorities could seize them Arthur took all his family documents and burned them in his back yard effectively covering up the fact of his ineligibility to hold office. It was only recently in 2009 that a researcher found documentation which confirmed that Arthur’s critics were right about his ineligibility because his father was not a citizen at the time of Chester’s birth.
January 8th, 2016 @ 5:47 pm
Dr. Taitz —- Will the recent “Moot” ruling by the 9th circuit court be appealed up to the full U.S. Supreme court ? If not , then why not ?
January 8th, 2016 @ 7:30 pm
Supreme court judges don’t even see any of eligibility cases. Their clerks, who work for well connected DC firms, place all of those case in “Denied Certiorari” list and they get automatically denied. Maybe, things will change under Trump
January 8th, 2016 @ 8:04 pm
Natural Born; How about we apply a little common sense. When our Founders wrote the Constitution they had won our Freedom from a Tyrannical King while also contending with 1/3 of Colonist’s population that were royal to King George and called Tory’s. Natural Born is certainly a distinction from “Citizen at the time of the adoption of this Constitution.” If a Child is born of a Foreign Parent they will be influenced by the allegiance of that parent to their home country and their family and friends in that country. If a Child is born of US Parents in a Foreign country and raised in a Foreign country they will certainly have allegiance to their Friends that they grew up with. Our Founders certainly wanted to eliminate that possibility. After all there are millions of Natural Born Americans who are certainly just as qualified as the last 9 Presidents that we have elected. Cruz and Rubio are not Qualified to be President, but are qualified to be Senators. If they are so all fired up to “serve” our Country and re main faithful to the Oath they have taken let them remain in the Senate. We have more than enough Foreign influence in positions of Power in our Government.
January 9th, 2016 @ 9:32 am
It is plain to see that obama is not a ‘natural born citizen’ and thus was never qualified to run for or become president. He should be impeached and jailed. But there he sits, defiling our country. And when Ted Cruz gains traction in the polls, now we hear lots of talk about natural born citizen. So apparently like everything else in this Orwellian country, only left wingers can be not-NBC and become president. Right wing conservatives can check their ancestry at the door.
Orly is doing the right thing, the consistent thing, by pointing out that Ted Cruz is in same boat as obama. Father not citizen, was subject to jurisdiction of another entity. Personally should Cruz become the republican nominee I will support him with almost as much vigor as I would muster to support Trump. Reason is that Cruz I believe will be a good president for our side. And it is our side vs their side and they opened the door to illegal presidents. Might as well walk thru.
January 9th, 2016 @ 10:57 am
George: this would open up pandoras box, so that anyone would be able to run for the Office!
We cannot allow this flexible bending of the Constitution. We have to follow the Law of the Land, as it were, to keep our Constitution strong and not let any idiot of the 3rd world to sneak here and some how be able to run for the Office!
And Orly made a great comment, when she said: …maybe things will change under Trump?
I’d say: they sure as hell will…!
January 9th, 2016 @ 4:36 pm
https://www.thepostemail.com/2016/01/07/spirited-natural-born-citizen-discussion-on-twitter-on-thursday/
January 10th, 2016 @ 11:58 am
On the day the Constitution was approved every
became a Citizen. Repeat. Everyone became a Citizen.
The next day natural born citizens started to be born and over a period of time that specifically is unknown for sure this 1st group of Citizens died off. At the end of 100 years they mostly had all died leaving only natural born citizens. Of course with every new Naturalization Law you had a new group of Citizens.
This first group of Citizens played an important part in everything. They were part of the group of around 10 Presidents and vice Presidents including George Washington who served the nation as Presidents and Vice Presidents until the natural born citizens were old enough to become Presidents and Vice Presidents.
Do you think Ted Cruz understands all this. I certainly do not think so.
January 11th, 2016 @ 12:38 am
A point can be made that a citizen who had one or both parents naturalized before his/her birth may be considered natural born, yet still be taught loyalties by their parents to countries of origin. It would be best if both parents had been born citizens here, but treason can arise anywhere. Probably partly why founders didn’t define, but having one parent a foreign national clearly a recipe for disaster
January 11th, 2016 @ 3:37 am
LINKS TO TRUMP …. TO STOP UNQULIFIED NBC CANDIDATES.
Can these links be sent to TRUMP and the MSM ?
These links are important because they make CRUZ, Jindal, Rubio, Santorum and the WH RAT …liars of he worst kind,IMO. The candidates are saying that the NBC issue is SETTLED LAW. and it is NOT.
THE MOST IMPORTANT LINK
U.S. SUPREME COURT >>> Justice Thomas on the eligibility issue: “We’re evading that one.” https://www.youtube.com/watch?v=KmX4F3gW_vY HOW CAN CRUZ SAY HE IS ELIGIBLE WHEN THE SUPREMES ARE ‘AVOIDING’ THE ELIGIBILTY ISSUE?
CNN’s Chalian: Cruz Wrong, Citizenship Not ‘Settled Law’
https://www.breitbart.com/video/2016/01/06/cnns-chalian-cruz-wrong-citizenship-not-settled-law/
TED CRUZ IS IN THE US SENATE ILLEGALLY? http://www.newswithviews.com/JBWilliams/williams317.htm AND THIS TOO >> https://news-donaldtrump.com/4190/vermont-ballot-eligibility-challenge-ted-cruz-rubio-and-jindal-not-natural-born-citizensh-brooke-paige-v-
January 11th, 2016 @ 11:39 am
Gene
You are right.
Trump is America’s last hope.
If Hillary becomes “Queen of America”, Sharia Law WILL be established in some cities, towns in the U.S.A. She will definitely finish off America.
January 11th, 2016 @ 12:50 pm
Someone tell me how this is being allowed to become so damn plain and clear against an anti-establishment, anti-big government and great American NOW!! And for 7 YEARS it wouldn’t be heard!! Just something here that makes me sick!
January 11th, 2016 @ 1:08 pm
You bet Cruz is ineligible!
This guy is playing games with our Constitution and he doesn’t seem to care!
Some of the people around him are egging him on! Mr Cruz, you bet that the law is stable and correct: you (ARE) ineligible…when you were born in Canada!
Face it, you can’t con all of us, and this will cause possible harm to (R)’s and may help the (D)’s?!
So why are you still pretending to be eligible?
Jindal did what was right, to help the (R) party. Why can’t you, Rubio, and Santorum do the same?
Here’s a piece of news from the Cedar Rapids, Iowa Gazette Newspaper, on Monday, the 11th of Jan.: …Cruz was born in CAlgary, Alberta, Canada, in 1970.
when his “cuban” father (my quotation marks) Rafael Cruz, and his American-born mother, Eleanor Cruz, were living and working in the oil industry.
The father became a “Canadian citizen.” And both his and Cruz’s mother’s names appear on Canadian voter rolls in May, 1974, in documents obtained by McClatchy. Only Canadian citizens are eligible to vote in that country.
My comments:…This info can be found in the Cedar Rapids, Iowa Gazette Newspaper, in the Nation/world Section (4A), on Monday Jan. 11th and this article can be found down on the lower right side of the page!
And check this out what John McCain says about this: …Tech problems with url…will get this on soon….!
January 11th, 2016 @ 1:16 pm
Check this out, what John McCain says about Cruz…
https://www.newsmax.com/Headline/John-McCain-Supreme-Court-Ted-Cruz-Citizenship/2016/01/07/id/708493/?ns_mail_uid=100101061&ns_mail_job=1648697_01072016&s=al&dkt_nbr=q4krnjlh
Cruz, for this half-assed situation that you have caused, you will probably not trusted any more???
You have too much dual loyalty, and your father had dual loyalty, and was not an American citizen when you were born in Canada!!!
Grow freakin’ up and stop the nonsense! And you call yourself a Constitutional attorney??? Where…in Cuba? Canada? Cause it ain’t working here in America!
January 11th, 2016 @ 1:22 pm
And how about releasing your birth certificate, Cruz?
As your numbers are not that high, to even consider staying in the race!
And I would like to know “who” put you up to this, in the first place???
Do you care how much damage this could cause the Constitution? We don’t want to have to allow anyone to go to a convention, to “change” the Law of the Land!!!
January 11th, 2016 @ 2:53 pm
I believe that I now understand why people support obama, cruz and rubio. It’s not stupidity like I thought. It is just plain lack of common sense. Think back to our Founding Fathers and what they had just gone through. They wrote the Constitution so that citizens run the government, but the person in charge of the military should not have “any” foreign involvement. In other words, the Commander in Chief (President) should not have a foreign father or mother. He should be totally an American citizen without “any” foreign infulance.
But, due to our failed educational system, noone teaches the Constitution and how it was writen. Too many people believe that only a citizen can be President when it requdires two American citizen parents at the time of birth to reduce any foreign influnce.
January 11th, 2016 @ 5:04 pm
Why Ted Cruz is not a natural born citizen:
https://thecompleteobamatimeline.com/uploads/3/5/7/4/3574872/whytedcruzis_notanaturalborncitizen.pdf
January 12th, 2016 @ 2:09 pm
And to ram that nail in your political coffin, Cruz, that article also says that your mother was a registered voter, in Candada…
And only “citizens” of Canada are allowed to vote!
That means, you faux candidate, that your mother had dual loyalty, TOO! How does that grab ya????