Martes, 19 de abril de 2011

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We Write With Urgency…

©2011 drkate

Author’s Note.  As readers of this blog know I have endeavored to focus the natural born citizenship discussion on its full unified meaning…born in the United States to two American citizen parents. This is the most basic definition we can glean from the use of the term ‘natural born citizen’, rather than ‘citizen’ to describe the higher level of allegiance required for the office of the President and Commander in Chief.  Nature’s law, and the Law of Nations were the context within which major portions of our Constitution were written.  Absent a constitutional amendment or a Supreme Court definition of natural born citizen, we have no legal authority to arbitrarily separate the geographic test and the parental citizenship tests for natural born citizenship required by Article II.

It seems that when we are close to really focusing on the concept of natural born citizenship, numerous diversions constantly blur what should be a sharp discussion.  The birth certificate, social security fraud, selective service registration fraud, differing versions of the meaning of natural born citizen, Kenyan birth certificates, state nomination form fraud…all of these are important tools that would bring any ‘Al Capone’ down.  But the fundamental fraud right in front of our eyes is the failure to qualify as a natural born citizen as stated in Article II of the Constitution.  Whatever tool is used to bring Mr. Obama to justice and move him out of our White House, we cannot forget that what we are talking about is the Constitution’s most fundamental protection for our nation: the office of the President and Commander in Chief of the Nation’s Armed Forces.

This essay forms the basis of a certified letter recently sent  directly to Mr. Donald Trump by drkatesview, and is this author’s attempt to capture an unencumbered, clear focus on the natural born citizen.    In this version for the blog, I have linked some, but not all of the key articles from which I have learned much.  My letter to Mr. Trump contains an annotated bibliography of the most excellent materials developed over the last two years by many fine writers and in the legal cases valiantly pursued in the last several years. Readers are welcome to share this letter with proper attribution and a link back to this blog. My greatest goal is that you build on this letter to develop your own 5 minute definition of natural born citizen.

not a natural born citizen


 

 

Mr. Donald J. Trump
The Trump Organization 725 5th Ave.
New York, NY 10022

Subject:  Natural Born Citizen

We write with urgency regarding the “natural born citizen” requirement for the office of the President and Commander in Chief of the United States of America.  The need to see a forensically authenticated ‘birth certificate’ is just one part of the natural born citizen clause, namely geography.  The other necessary part of ‘natural born citizenship’ is the citizenship of both parents—who must be citizens of the United States at the time of a child’s birth.  Being born in the United States is a necessary but not sufficient condition for natural born citizenship.

While a large part of the discussion of the constitutional eligibility of Mr. Obama is focused on birth place , or geographic location, the other necessary element of natural born citizenship– the U.S. citizenship of both  parents –is also required  to be constitutionally eligible.  In reality, there  are two tests for a natural born citizen: a geographic location test, and a parental citizenship test.

This is important to understand because national security is the ultimate goal of the requirement that the President be a natural born citizen.  Not merely a citizen, but a natural born citizen.  As articulated in Article II, Section 1, Clause 5 of the Constitution:

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.

The two highlighted phrases appear only once in the U.S. Constitution, and are intended only for the President, and by extension Vice President.  Historical research reveals that these words were chosen with intent and specificity.

National  Security , Natural Born Citizen,  Allegiance

The terms “natural born Citizen”, and “Citizen of the United States, at the time of the Adoption of this Constitution”  were used by the Framers  as a national security safeguard  to ensure that  the President and Commander in Chief of the Armed Forces would have sole, singular allegiance to the United States.

That the Article II requirements for the President were aimed specifically at national security is revealed in a statement by John Jay to George Washington as the contents of Article II were drafted:

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.”

A natural born citizen is a person born of citizen parents owing no allegiance to foreign countries and born in the United States or its territories.  A natural born citizen owes his allegiance solely to the United States.  No act of law can convey natural born citizenship.

A natural born citizen is not the same as an English common law citizen.  A natural born citizen owes allegiance only to the people of the United States through the Constitution; an English common-law citizen is a subject who owes allegiance to an individual.

The principle of natural born citizenship is derived from the Founder’s use of and reference to nature’s law and the Law of Nations in the Declaration of Independence and the Constitution.  Absent a Constitutional Amendment or a Supreme Court definition of natural born citizen, the Constitution’s definition must stand.

Thus, the question of birth place may not be separated from citizenship of the parents.

Verifying Natural Born Citizenship

While the question of ‘where’s the birth certificate?’ is valid and has now broken into the ‘mainstream’, the proper, complete question—a demand really—should be ‘verify Natural Born Citizenship!’. This means not only the production of a forensically authenticated long-form Hawaiian Birth Certificate, but also the necessary forensically examined evidence to verify his ‘life story’ as discussed in his book ‘Dreams From My Father’.

Because Mr. Obama has hidden all his records there is no way to verify Obama’s natural born citizenship—either the geographic location of his birth place or the true identity and citizenship of his parents.

If his autobiography is true, then Mr. Obama’s life story immediately disqualifies him under Article II of the Constitution, and he fails the parental citizenship test because his father, Barack Obama, was never an American citizen.  If his hidden birth certificate proves he was born outside the United States, he also fails the geography test.  If he can prove he was born in Hawaii, and his life story is true, then he is simply an American citizen, not a natural born American citizen.

Congress, the Parties, the Courts, and Mr. Obama Fail the Constitution

The failure to verify the natural born citizenship status of Mr. Obama lies first with Obama himself.  Without any evidence to the contrary, Mr. Obama knowingly evaded the constitutional eligibility requirements of the Constitution.  He did so with the apparent knowledge of the leadership and members of the Democrat and Republican parties, the media, the State of Hawaii, political advisors, and other members of his cabinet and inner circle.

To avoid the meaning of ‘natural born citizen, the discussion of the Obama campaign, the media, the pundits, and nearly all of the Congress, was diverted away from natural born citizen to simply birth place (geographic criterion), that is, the birth certificate.  This allowed Mr. Obama, and everyone else, to claim that an electronic version of a certification of live birth (COLB) was a valid, authentic  “birth certificate and to not grasp the import of Mr. Obama’s autobiography where he admits his Kenyan father was never an American citizen.  Mr. Obama knowingly deceived the American public by placing his name on the ballot in every state.

Congress is required by the Twentieth Amendment to certify the President’s constitutional eligibility through a joint session of Congress in early January of the year the President-elect is sworn into office.   The Speaker of the House and the President of the Senate are required to ensure that any and all objections are raised and addressed before certifying that the President elect is constitutionally eligible for the office.  If for any reason the President elect is not verified, the Twentieth Amendment provides a procedure for filling the vacancy until the President elect qualifies or a new President is elected.

The Congress, led by the House Speaker and President of the Senate, failed America’s national security and the American people by failing to certify Mr. Obama’s constitutional eligibility. In doing so, they have failed to uphold their oath of office to protect and defend the Constitution.

Constitutional Remedies

The Constitutional remedies available to resolve this problem begin with the full disclosure of information by Barack Obama.  Such information would enable the verification of the natural born citizen status of Barack Obama and thus his constitutional eligibility.  The release and examination of information, and findings based thereon, would finally put to rest any speculation.

The two basic components of information needed from  Barack Obama in order to ascertain whether he is a natural born citizen are:

  1. Verification of Barack Obama’s birth place in Hawaii, USA, to meet the geographic criterion of natural born citizenship.  A forensically verified authentic long form birth certificate showing the name Barack Obama, and indicating birth place, parents, doctor’s signatures, and hospital/midwife/witnesses is the basic prima facie evidence of birth in the United States.
  2. Verification that Barack Obama’s life story as told in his autobiography “Dreams from My Father”  is true and correct, particularly the identity and citizenship of his parents.

If Mr. Obama makes this information available for forensic analysis, and if it verifies both of these elements, Mr. Obama is an American citizen but not a natural born citizen because of his father’s citizenship, and is not eligible to hold the office of the President.   But simply verifying his birth in Hawaii does not make him a natural born citizen, hence the birth certificate (proof of birth in the U.S.) is only one aspect of natural born citizenship.

A President that cannot, and did not initially qualify as an Article II natural born citizen, must step down or may be removed from office immediately under the Twentieth Amendment.  Mr. Obama is ‘disabled’ under the Twenty Fifth Amendment and could be removed from office by the Cabinet and/or Congress.   A process for transitioning the government to a constitutionally qualified President is provided in the Twentieth Amendment.

We urge you to study this letter and referenced material so as to address the full meaning of the Constitutional requirement for the Presidency embodied in Article II.

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.

Thank you for your honesty and courage in raising this issue on behalf of our Nation.


Publicado por Corazon7 @ 11:35
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