1875 Supreme Court Decison, Minor v. Happersett, 88 U.S. 162, 168.
The pertinent text of the decision, concerning the issue of what constitutes a “natural-born” citizen, is as follows:
The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”
Note the key words, “all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also”
I have been slammed by some old friends simply by posting this text from a Supreme Court decision, which would indicate that our current POTUS does not satisfy our US Constitutional requirements of “natural-born” for the office of President, irregardless of where he was born. Obama’s father was a Kenyan, and as such was a British subject at the time of Obama’s birth.
Justia.com is the premier free legal search site. The main player at Justia was an Obama supporter, as well as a major donor. They attempted to scrub all references to Minor v Happersett while the 2008 campaign was underway. Thankfully, they have restored it today.
Strangely, since John McCain’s daddy was an Admiral in the US Navy, and he was born in the Panama Canal Zone, which we had a lease for since the early 1900’s, the subject of his Article II Presidential qualifications did come up in the US Senate:
Recognizing that John Sidney McCain, III, is a natural born citizen.
Whereas the Constitution of the United States requires that, to be eligible for the Office of the President, a person must be a ‚”natural born Citizen’’ of the United States;
Whereas the term ‚ “a natural born Citizen’‘, as that term appears in Article II, Section 1, is not defined in the Constitution of the United States;
Whereas there is no evidence of the intention of the Framers or any Congress to limit the constitutional rights of children born to American citizens serving in the military nor to prevent those children from serving as their country’s President;
Whereas such limitations would be inconsistent with the purpose and intent of the ‚ “a natural born Citizen’’ clause of the Constitution of the United States, as evidenced by the First Congress’s own statute defining the term ‚Äò‚Äònatural born Citizen’‘;
Whereas the well-being of all citizens of the United States is preserved and enhanced by the men and women who are assigned to serve our country outside of our national borders;
Whereas previous presidential candidates were born outside of the United States of America and were understood to be eligible to be President; and
Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it
Resolved, That John Sidney McCain, III, is a “Natural born Citizen’’ under Article II, Section 1, of the Constitution of the United States.
Statement Of Senator Patrick Leahy (D-Vt.),
Chairman, Committee On The Judiciary,
On The Introduction Of A Senate Resolution
April 10, 2008
Today I join Senator Claire McCaskill in introducing a resolution to express the common sense of everyone here that Senator McCain is a “natural born Citizen,” as the term is used in the Constitution of the United States. Our Constitution contains three requirements for a person to be eligible to be President ‚Äì the person must have reached the age of 35; must have resided in America for 14 years; and must be a ‚Äò‚Äònatural born Citizen’’ of the United States. Certainly there is no doubt that Senator McCain is of sufficient years on this earth and in this country given that he has been serving in Washington for over 25 years. However, some pundits have raised the question of whether he is a “natural born Citizen” because he was born outside of the official borders of the United States.
John Sidney McCain, III, was born to American citizens on an American Naval base in the Panama Canal Zone in 1936. Numerous legal scholars have looked into the purpose and intent of the “natural born Citizen” requirement. As far as I am aware, no one has unearthed any reason to think that the Framers would have wanted to limit the rights of children born to military families stationed abroad or that such a limited view would serve any noble purpose enshrined in our founding document. Based on the understanding of the pertinent sources of constitutional meaning, it is widely believed that if someone is born to American citizens anywhere in the world they are natural born citizens.
Why did Barack Hussein Obama’s qualifications not also come under purview as well in the Senate?
Okay, I guess that anyone who is not impressed that Obama meets the “Natural-born” requirements of our Constitution is a “birther”, a pejorative used by the lefty media and their commie allies in the White House to attack the messenger. I accept that.
The Senate did not see fit to examine Obama’s Article II “natural born” citizenship bona-fides in 2007 or 2008. Hillary Clinton’s campaign did though, the first questions about Obama’s qualifications were asked by Hillary’s people. Funny how that works, isn’t it?
In response, we had a posting from the “Daily Koz” which said, hey here’s Obama’s birth Certificate, and they linked to a Photobucket jpeg image! I guess Obama just couldn’t do it himself, even though they eventually used the very same image, compressed it some more, and scrubbed the meta-data. I have the original, complete with meta-data, if anyone is interested.
I’d like to say this again: The DailyKoz linked to a Photo-Bucket image, which Obama’s people used! How great is that?
It was a forgery.