These comments belong to the entry Birthers Punk'd! Hoax Kenyan Birth Certificate

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  1. RE: Birthers Punk'd! Hoax Kenyan Birth Certificate

    Posted on August 07, 2009 at 02:16 PM (UTC) ( over 2 years ago )
    rank: Must read!
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    6a2aca336204628e10397d7258557c5f

    wrote the following:

    -- Given the state of the jurisprudence on "natural born citizenship ", the Gray Communist Usurper would most probably be found ineligible by any serious U.S. court even if he were born in the United States
    This is evident from the quotations in United States v. Wong Kim Ark (1898) and even more from the discussions leading to the passing of the 14th Amendment -- if only a court would accept to address the issue rather than claim incompetence or deny standing:

    Quote:
    ... Whatever might had been the correct understanding of “natural-born citizen” prior to 1866, the adoption of the Fourteenth Amendment certainly changes the view because for the first time we have a written national rule declaring who are citizens through birth or naturalization. Who may be born citizens is conditional upon being born “subject to the jurisdiction” of the United States - a condition not required under the common law. The legislative definition of “subject to the jurisdiction thereof” was defined as “Not owing allegiance to anybody else.”

    This national rule prevents us from interpreting natural-born citizen under common law rules because it eliminates the possibility of a child being born with more than one allegiance....

    Rep. John A. Bingham commenting on Section 1992 said it means

    “every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”
    (Cong. Globe, 39th, 1st Sess., 1291 (1866))

    Bingham subscribed to the same view as most everyone in Congress at the time that in order to be born a citizen of the United States one must be born within the allegiance of the Nation. Bingham had explained that to be born within the allegiance of the United States the parents, or more precisely, the father, must not owe allegiance to some other foreign sovereignty

    ... Chairman of the House Judiciary Committee, James F. Wilson of Iowa, added on March 1, 1866:

    “We must depend on the general law relating to subjects and citizens recognized by all nations for a definition, and that must lead us to the conclusion that every person born in the United States is a natural born citizen of such States, except that it may be that children born on our soil to temporary sojourners [British subject Barack Hussein Sr] or representatives of foreign Governments.” [Soviet agent Franklin Marshall Davis]
    (Cong. Globe, 39th, 1st Sess., 1117 (1866))

    [reply] -- recommended reading?

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