Natural Born Citizen — Chapter 10: Summation
Summation of what we have learned thus far
We do best at this point in the book to summarize what we have learned thus far. We will begin with those facts that are indisputable.
- In April of 2008, the United States Senate acknowledged that it was uncertain as to John Sidney McCain’s natural born citizenship status; therefore, they passed a non-binding Senate resolution stating that he was and is a natural born citizen. Their non-binding Senate resolution amounts to no more than their opinion of the definition of a natural born citizen.
- The non-binding Senate resolution regarding John McCain’s natural born citizenship status relied on the citizenship of John McCain’s parents.
- The non-binding Senate resolution regarding John McCain’s natural born citizenship status relied on John McCain’s father serving in the military at the time of John McCain’s birth.
- According to Article II, Section 1, Clause 5 of the United States Constitution, in order to be eligible to the Office of United States President, one must be a natural born citizen.
- According to the Naturalization Act of 1790, John Sidney McCain may have been considered a natural born citizen had the wording providing for this condition not been repealed by the Naturalization Act of 1795. Therefore, the current Naturalization legislation does not make John McCain a natural born citizen.
- The 14th Amendment provides that persons born in the United States and all naturalized citizens under naturalization legislation are citizens of the United States provided they are “subject to the jurisdiction thereof” of the United States. Nowhere within the 14th Amendment is the term natural born citizen(s) used or implied.
- The opinion in the Minor v. Happersett case clearly states: “The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that.” [i] At the time the Minor v. Happersett case was being considered by the Supreme Court, the 14th Amendment had already been ratified and was a part of the U.S. Constitution. Therefore, when the above quoted statement of the court in their opinion in the Minor v. Happersett case was made, they would also be taking into consideration the 14th Amendment of the U.S. Constitution.
- In accordance with Barack Obama’s own admissions on his campaign website Fight the Smears, Barack Obama held dual-citizenship at birth (U.S. citizenship through his mother and British citizenship through his father).
The eight statements above make up the indisputable facts that we have discussed thus far. The remaining discussions in the book have highlighted facts that remain controversial or within dispute. We will now outline the important disputable facts that the book has addressed.
- The meaning of natural born citizen as used in Article II, Section 1, Clause 5 of the United States Constitution uses Emmerich de Vattel’s definition of natural born citizen, i.e., “those born in the country, of parents who are citizens.” [ii]
- The meaning of natural born citizen as used in Article II, Section 1, Clause 5 of the United States Constitution uses the English Common Law definition of natural born citizen, i.e., those born in England or its territories with allegiance to England regardless of the parents’ citizenship were natural born subjects. Under this definition, there are those that argue that the United States use of the term natural born citizenship falls under the same definition meaning those born in the United States or its territories with allegiance to the United States regardless of the parents’ citizenship are natural born citizens.
- Some argue that the Wong Kim Ark decision made Wong Kim Ark a natural born citizen. While others argue that the Wong Kim Ark case made Wong Kim Ark a 14th Amendment United States citizen. While still others argue that the Wong Kim Ark ruling is flawed on many levels and incorrectly applied the 14th Amendment to the opinion rendered in the case.
There are probably numerous other facts we could list under our disputable facts section, but they would do little to add to our discussion here. The three disputable facts enumerated above tend to summarize the issue we have debated within the pages of this book, and, for our purposes, describe the contention to date as to whether or not John McCain and Barack Obama are natural born citizens.
As a result of the indisputable and disputable facts listed above, it should be clear to all readers that the great injustice perpetrated by the 2008 presidential election was that the American people could not be ensured that either the Republican or the Democratic candidate were, in fact, eligible to hold the position for which they were campaigning. The result of the 2008 presidential election, therefore, produced a result that could only be described fairly as presenting this country with a Constitutional crisis for the eventual President of the United States may not be Constitutionally eligible to hold the position.
We will now move on to part two of this book that will look at how this Constitutional crisis came to be, and, more importantly, how it could have been avoided. The branches of the federal government, the candidates themselves, and the 4th estate (the media) could have prevented this constitutional crisis had they been so inclined. They were not so inclined, and, as a result, the true losers in the 2008 presidential contest have been the electorate, the American people.
[i] Findlaw.com – U.S. Supreme Court Minor v. Happersett, 88 U.S. 162 (1872) — http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=88&invol=162
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