The topic of discussion for this Constitution Monday concerns
citizenship and comes from Article II, Section 1, Clause 5: "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…." In order to be eligible to hold the office of
President of the United
States , a person must satisfy three
eligibility requirements based on age, residency and citizenship. This post will discuss citizenship.
The
Framers of the Constitution wanted to guarantee that Americans would always
have a President who was one of their own native-born fellow citizens. The Framers wanted to guarantee as much as
possible that every President of our nation would have undivided loyalty to the
United States . They must be tossing in their graves at the
damage Barack Obama is doing to our nation!
While
George Washington was at the Constitutional Convention, he received a letter
from John Jay, "urging `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.'
Justice Story later noted that the natural-born-citizenship requirement
`cuts off all chances for ambitious foreigners, who might otherwise be
intriguing for the office.'
"…
But the question remains whether the term `natural born Citizen' used in
Article II includes the parliamentary rule of jus sanguinis [citizenship passed from parent to child regardless
of place of birth] in addition to the common law of jus soli [persons born within the territory are citizens from birth
except children of enemy aliens or foreign diplomats]. In United States v. Wong Kim Ark (1898), the Supreme
Court relied on English common law regarding jus soli to inform the meaning of `citizen' in the Fourteenth
Amendment as well as the natural-born-citizenship requirement of Article II,
and noted that any right to citizenship through jus sanguinis was available only by statute, and not through the
Constitution. Notwithstanding the
Supreme Court's discussion in Wong Kim
Ark, a majority of commentators today argue that the Presidential
Eligibility Clause incorporates both the common-law and English statutory
principles, and that therefore, Michigan Governor George Romney, who was born
to American parents outside of the United States , was eligible to seek
the Presidency in 1968." (See James
C. Ho in The Heritage Guide to the
Constitution, p. 190).
With
all the questions about where Barack Obama was born and the identity of his
real father, how can we know if he really is a natural born citizen. The question remains: why did he feel the need to seal all his
records - birth, school, passport, etc. - and then present a false birth
certificate to the nation?
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