Saturday, July 30, 2011

For putative President, Barack Obama, and his enablers, the Fourteenth Amendment is the gift that just keeps on giving. He has used it to impose legitimacy upon himself concerning the question of whether he is a “natural born Citizen.” Now we see that he may again need the Fourteenth Amendment to carry out his plans.

Saturday, July 30, 2011

Obama’s Rape of the Fourteenth Amendment—From Defining a Natural Born Citizen to Authorizing His Threatened Dictatorial Raising of the Debt Ceiling

                                                              
Obama’s Rape of the Fourteenth Amendment—From Defining a Natural Born Citizen to Authorizing His Threatened Dictatorial Raising of the Debt Ceiling

                                                       By: Mario Apuzzo, Esq.
                                                              July 30, 2011

Reconstruction For putative President, Barack Obama, and his enablers, the Fourteenth Amendment is the gift that just keeps on giving. He has used it to impose legitimacy upon himself concerning the question of whether he is a “natural born Citizen.” Now we see that he may again need the Fourteenth Amendment to carry out his plans. While White House spokesman, Jay Carney, has reportedly ruled out such use, Obama may in the end seek to use it to impose a higher debt ceiling on the American people without any Congressional say.

                                                         The Natural Born Citizen Clause

We have seen the argument put forth by Obama’s camp that the Fourteenth Amendment makes him an Article II “natural born Citizen.” They maintain that the definition of an Article II “natural born Citizen” was confirmed or changed by the Fourteenth Amendment and the U.S. Supreme Court case of U.S. v. Wong Kim Ark. 169 U.S. 649 (1898), a U.S. Supreme Court case that interpreted that amendment. They maintain that this amendment and Wong Kim Ark confirmed or established that the definition of a “natural born Citizen” is based on the English common law and that it means any child born in the United States, even if born to one or two alien parents, and “subject to the jurisdiction thereof.” They add that for children born in the United States, the citizenship of the parents is not relevant, unless the parents are ambassadors or members of invading armies. They proclaim that this territorial birthright citizenship is what a “natural born Citizen” is and that there is not need to satisfy any parental citizenship component. But the historical record and case law show that a reading of the Constitution to produce this definition of a “natural born Citizen” is not correct.

The Founders and Framers in Article II, Section 1, Clause 5 and other parts of the Constitution gave us both a "natural born Citizen" and "Citizen of the United States." These are separate and distinct terms which must be given a meaning of their own. For births after the adoption of the Constitution, one must be a "natural born Citizen" to be eligible to be President. Hence, the issue with Obama is whether he is a "natural born Citizen," not a "Citizen of the United States."

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