In 2008 I challenged attorney Phil Berg’s claim that candidate Obama was not a U.S. citizen. Berg responded in vigorous defense. That challenge is detailed in my first blog of Feb-2009.
I went on to research the concept of Article II’s Natural Born Citizen.
The arguments over ‘What is a Natural Born Citizen’ are extensive and sometimes complex. There are questions of dual nationality, jurisdiction, two schools of case law precedent, dicta versus judicial notice, conflicting definitions of ‘naturalization,’ the role of British common law, the 14th Amendment, Wong Kim Ark, Minor vs. Happerset, and the Jus Soli – Jus Sanguinis debate.
I have engaged Obama supporters in argument, but my final goal was to take all of that complexity and emotionally-charged bias and distill it into one pure drop of truth, or compress it into a perfect small diamond with clarity in all its facets.
Jefferson’s advice on reading constitutional law suggests we take the use of ‘natural born citizen’ in John Jay’s letter to George Washington, in a clause following the admonission not to allow “Foreigners” into the new government. The ‘natural born citizen’ clause extends the ban on ‘Foreigners’ to anyone having ‘alienage’ from birth; therefore the Natural Born Citizen is perfectly defined by comparing the two clauses.
The intent of the framers in Article II was to bar anyone with alienage from birth to the commander-in-chief. Obama admits he was born with British nationality through his father; his U.S. citizenship at birth was determined by his mother’s legal capacity to confer, not merely birth on U.S. soil. Neither qualify him as a natural born citizen.
In the proverbial nutshell, a Natural Born Citizen is Born Without Alienage.
Alienage at birth today is the result of a alien parent. Wong Kim Ark and the 1922 Cable Act inadvertently created the Dual National at birth, i.e., a conflict of nationality jurisdictions. That conflict must be resolved statutorily when the child reaches the age of decision, but it allows ‘nationality of convenience.’
English common law does not define Natural Born Citizen. While the jurists claim their interpretation through common law is superior to Parliamentary Act, jurisprudence states that statute must be followed by the courts and the 1722 British Nationality Act favored Jus Sanguinis citizenship of children of British subjects born outside the King’s dominion.
The American colonies followed Jus Soli as they were completely subject to the crown. However, once the United States was incorporated and the First Uniform Naturalization law passed in 1790, Jus Sanguinis was the sole manner of acquiring citizenship; it was through the free citizen father, not the domination of the King.
Attorney Mario Apuzzo has written briefs that are as complete a legal analysis as can be found out there. My blogs are pretty good too, but my intent was to simplify the complex and conflicting laws into the pure intent of the framers so that anyone could understand quickly, and without doubt.
I hope they help.