Wednesday, February 4, 2015


Commentary By:
Dwight Kehoe
Editor TPATH

February 4, 2015  ~TPATH~ A long time ago at the origins and birth of America, which in contrast to the length and breadth of culture, civilizations and yes, the brutality of the European Continent, the soon to be land of the free and home of the brave, was but a babe in diapers, waddling about on all fours, trying to find its way.

Except for a few skirmishes between the early Pilgrims and the native Indians at one end of the spectrum, and on the other, some rather quickly employed laws and regulations which had enabled the new society the ability to coexist, the young America had no experience with international law, no history of war and no legal library to call upon.

Gratefully, all that America lacked by way of history and  precedence, she more than made up for in the richness, integrity, experience and foresightedness of her Founding Fathers.  It was they, using their personal experiences,  their education and their understanding and knowledge of European history, the ways of the Old World as well as the ways of tyrants, dictators and Kings, were able to produce documents enabling freedom and prosperity for all the people.  Documents never before imagined and certainly will never again be matched.

As the ten year battle for our Independence raged, not only were some of those leaders involved in the shaping of the Constitution, many had also been on the battlefields shaping farmers, ranchers, factory workers and merchants into a fighting force which took on and defeated the most awesome military the world had ever seen.

Every man and woman who took up the battle put not only their lives on the line, they put in jeopardy the lives of friends and family, many of whom suffered the ultimate fate.  But the Founders had much more to lose.  They had fortune, lived the lives of the Aristocracy, had strong ties and bonds to the British Empire.  Many of them did not survive those bloody battles, the cold and treacherous winters, and the executions ordered by King George III, as he desperately and brutally endeavored to maintain control over the Colonies.

For instance and this is but one example of the many, Nathan Hale, a scholar and graduate of Yale, gave up all he had, including his life.  After waging and winning a courageous battle against superior forces in British Occupied  Boston in 1775, he then went behind enemy lines in the autumn of 1776, was captured and then hung, the very next day.  At his execution his final lament was that he only had but one life to give to his country.

On the 3rd of September 1783, King George III accepted the consequences of defeat. He is quoted as having said to John Adams, "Sir,  I wish you to believe, and that it may be understood in America, that I have done nothing in the late contest but what I thought myself indispensably bound to do by the duty which I owed to my people. I will be very frank with you. I was the last to consent to the separation: but the separation having been made and having become inevitable, I have always said, as I say now, that I would be the first to meet the friendship of the United States as an independent power." 
This less than exuberant testament to America's Independence was clearly taken as just that. Less than exuberant and even less comforting. Though it had come several years after John Jay wrote the Federalist Paper #2, in which he expressed concern about foreign influence which could pervade the “Command” of America and his letter written to George Washington on July 25, 1787, it's quite clear the Founders were not entirely convinced of King George's “good blessings”.

Both of these historic and highly ignored documents are proof that the Founding Fathers feared that all the sacrifices of the people of the new America could be ceremonially undone by allowing foreign influence in the highest position of the government.  The Presidency.

John Jay who was to become one the first Supreme Court Justices, consistent with his understanding that America lacked long legal precedence, made it quite clear he was an avid reader and student of Vattel's codification of natural law and the Law of Nations.  In the Law of Nations, Vattel describes many existing and understood legal terms ranging the gambit of the many forms of citizenship.  His description of a “Natural Born Citizen” is as unambiguous as any in a law.  For a person to be a Natural Born Citizen he must have been born in the country of question and to two parents who were citizens of that country at the time of his birth. John Jay, as well as many other scholars at the time, understood the meaning of this and the value it had in the security and future of America.

If one might still retain some measure of asceticism about the intent of the provision added to Article II at the request of John Jay in that letter of 1778, read here a quote form it.

         “Permit me to hint, whether it would be wise and seasonable to provide a strong check to the     admission of Foreigners into the administration of our national Government; and to declare     expressly that the Command in Chief of the American army shall not be given to nor devolve     on, any but a natural born Citizen.”
So, we now know exactly why the “natural born citizen” requirement was added and we know too that there can really be no denial as to the meaning and intent of our Founders.  And the US Constitution is a legal and binding document which has always been enforced by the rule and intent of its authors, what do we do about some truly great Americans who do not qualify to be President of these United States?

Of the few, fitting that category for the upcoming 2016 Presidential Elections, to which our concerns should be directed, is one of the finest Patriots our country has ever been blessed with, Senator Ted Cruz.  No one can deny his passion, his bravery and his love for this country.  And too, no one can, with honesty, can deny his ineligibility.  And that my good and Patriotic friends, is very unfortunate.

Ted Cruz knows the Constitution as well if not better than most.  He wants to be President because he wants to help this country and he knows he can do it.  But he can not continue to campaign around this country evading this situation.  It is not wise.  It is not honest and it will not serve this country well.

Because even if the majority of people, either don't know or don't care what the requirements are, if Ted Cruz gets the nomination, many, many people, based upon their personal integrity, will not vote for him.  What does that foretell?  Another loss. Another 4 years of suffering under a Socialist progressive government.  It is difficult to believe this country will survive that.

Senator Ted Cruz needs to do one of two things.  He must confront this issue, he must take it to the people.  Or he must remove himself from this campaign.  He simply cannot continue to ignore it without hurting his country.  

Is there anyone who believes that the Mainstream Media, those who have condoned and ignored birth certificate forgeries, the illegal use of Social Security numbers, no proof of where the Usurper was born as well as the uncontested fact that his father was a foreigner, will not suddenly become constitutionally astute, sometime around August of 2016?

Would TPATH like to see a President Ted Cruz?  Would the country be put on the right track by a President Ted Cruz?  The answer to those questions is, yes.  But unless something rare and unprecedented occurs, we will never see that happen.

What could he do that would be unprecedented?  Well for one, be honest and open about this subject.  Maybe he could give a speech, declare that while he understands Obama was not legally eligible and he was elected, it just might take another one not eligible to fix the mess of the other.  Accept what the Constitution requires, ask for Congress to pass a one time exception to the Natural Born Citizen clause and then ask the American people to help him, help them. 

The above, is of course for any who might not know, tongue in cheek.  But, no one really knows what would happen if Ted Cruz confronted this issue, head on.  We all know what the consequences will be, if he does not.


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