Monday, May 7, 2012


An open letter to Mr. Bret Baier of Fox News from CDR Kerchner (Ret)

Dear Mr. Baier:

Click image to learn more about various Citizen types
I strongly suggest you invite constitutional scholar and attorney Herb Titus and constitutional presidential eligibility attorney Mario Apuzzo on to any debate or discussion panel you put together to debate the true legal and historical meaning of the Natural Law legal term of art “natural born Citizen”. Invite anyone else you wish on to the panel who wishes to argue that the natural law “natural born Citizen” legal term of art is 100% synonymous with the man-made positive law, Congressional Statute Title 8 Section 1401, “Citizen at Birth” legal term, which is what you asserted. Our experts will conclusively prove to you and your listeners in any debate form or forum you choose that those two citizenship legal terms/types are not identically the same.
Both Herb Titus and Mario Apuzzo are nationally recognized experts in this field and are known for their in-depth knowledge and wisdom on the founding father’s true understanding and meaning when they put the term “natural born Citizen” in as a “strong check” against foreign influence requirement for who can be a future President and Commander in Chief of our military, at the suggestion of John Jay who became the first Chief Justice of the United States, to General George Washington, the president of the constitutional convention. Natural born Citizens are the children born in the USA of two Citizens, second generation Americans via both parents.  This is per natural law, not the laws of man or any legal law making body be it Congress or anyone else. Neither Congress or you can redefine the Laws of Nature.
This nation was founded at the federal level as a totally new form of government, a constitutional republic, based on the guiding principles of “the Laws of Nature and Nature’s God”.  Read the Declaration of Independence first paragraph to refresh your memory if uncertain about that.  The progressive movement would like to forget that.  But the truth can be buried for a time but not hidden forever.  And the preeminent writer on Natural Law and that which was used heavily by the founders is the legal treatise by Vattel, The Law of Nations or Principles of Natural Law. Read Vol.I, Chapter 19, Section 212. Benjamin Franklin, George Washington, Thomas Jefferson, and John Jay did.  “natural born Citizen” is defined therein and the founders and framers knew exactly what it meant when they inserted into our Constitution.  It means born in the country to parents who are both Citizens (born or naturalized) of the country — a person born with sole allegiance at the instant of birth to one and only one country.
Bret, a favorite retort is “natural born Citizen” is not defined in the Constitution.  What a silly argument.  The Constitution does not come with a glossary.  The founders and framers knew what the words meant when they wrote them. It was written in plain English. Only for the last 100 years have the progressive academics been steadily trying to twist the meaning of the words to subvert the original intent.   Here’s another word for you that is in the U.S. Constitution — Piracy.  Piracy is not defined in the U.S. Constitution.  But the founders and framers knew what it meant!  And guess what source they chose to use to prescribe for punishment for said offenses — the Law of Nations.  See the U.S. Constitution, Article I, Section 8.
I also strongly suggest you re-read the Declaration of Independence, the U.S. Constitution, the Federalist Papers, and also the enlightenment period legal treatise the founders and framers were reading in 1775 — Vattel’s Law of Nations or Principles of Natural Law — especially Vol.1 on the forming of a new nation.
I look forward to a full and thorough debate by a balanced panel of experts from each side, including the two named above.  Such a debate has been needed for over four years now.
CDR Charles Kerchner (Ret)
Lehigh Valley PA

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