Obama, while having his mother's U.S. citizenship generation, is missing that of his father's, for his father was a British subject/citizen at the time of his birth. He therefore cannot be a "natural born Citizen," even if he was born in Hawaii.

Obama Cannot Be A “Natural Born Citizen" Under Minor v. Happersett, 88 U.S. 162 (1875)

        Morrison Remick Waite
7th Chief Justice of the United States


Obama  Cannot Be A “Natural Born Citizen"  Under Minor v. Happersett, 88 U.S. 162 (1875)

                                                        By Mario Apuzzo, Esq.
                                                  Originally Posted January 2, 2009
                                                Reposted at this Blog on July 10, 2011

I am posting to my blog an article that I wrote on January 2, 2009 and which Robert Stevens posted at the web site of Attorney Orly Taitz on the same day. The article as originally written by me may be read at Ms. Taitz’s web site at drorly.blogspot.com/2009/01/obama-cannot-be-natural-born-citizen.html.  The opinion of the Court was delivered by Chief Justice Morrison Remerick Waite.  I also cited and discussed the Minor case in the case of Kerchner v. Obama, 612 F.3d 204 (3rd. Cir. 2010), cert. denied, 131 S.Ct. 663 (2010), which I filed on January 20, 2009.  I have also cited and discussed the Minor decision in many of my essays which can be read on this blog, puzo1.blogspot.com/.  I will be following up this post with another article on this precedential decision of our U.S. Supreme Court which relied upon natural law and the law of nations and not the English common law to define citizenship in our society and confirmed the natural law and law of nations definition of an Article II "natural born Citizen" which prevailed at the time of the founding and writing of our Constitution in 1787, a definition we can find in Emer de Vattel's The Law of Nations, Sec. 212 (London 1797) (1st ed. Neuchatel 1758).  Vattel and The Law of Nations were a political philosopher upon whom and treatise upon which the Founders and Framers heavily relied in the early years of our Republic.  This definition, which was incorporated into our American common law is a child born in the country to citizen parents which means a child born in the United States or its jurisdictional equivalent to a father and mother both of whom are either "natural born Citizens" or "citizens of the United States."  No constitutional Amendment, including the Fourteenth Amendment, or U.S. Supreme Court decision, or Congressional Act (not to imply that any such Act could) ever amended or abandoned this American common law definition and it still prevails today, even being confirmed by the U.S. Supreme Court in U.S. v. Wong Kim Ark, 169 U.S. 649 (1898).   

                                                          Friday, January 2, 2009

OBAMA CANNOT BE A “NATURAL BORN CITIZEN” UNDER MINOR V. HAPPERSETT, 88 U.S. 162 (1875)

Our U.S. Supreme Court in Minor v. Happersett, 88 U.S. 162 (1875) held that women, while being citizens of the U.S., do not have the right to vote under the Constitution. Of course, we know that this law was later repudiated. In discussing who are citizens of the United States and whether women may be such citizens, the Court explains that we did not need the Fourteenth Amendment to create U.S. citizens. It explains that before the adoption of the Fourteenth Amendment, the Constitution itself did not prescribe what a citizen was. While the Court does not cite The Law of Nations, the Court goes into concepts which can be found in that treatise. The concepts of "nation," "political community," "association of persons for the promotion of their general welfare," and "member of the nation formed by the association" are all concepts that are found in E. de Vattel’s, The Law of Nations (1758). The Court then says that each person so associated with the community was a member of that community and owed that community his allegiance. The Court says that citizens were then those persons who "associated themselves together to form the nation" and who were later admitted as members of that nation. The Court then explains that an individual's wanting to ban together with others to form the new nation was actually that person's allegiance to the new nation. The Court continues that it was the individual's giving of this allegiance to the cause of creating the new nation that made that individual a citizen of that nation. The Court explains that for his allegiance, the person received the protection of the nation (calling these reciprocal obligations). Finally, the Court comments that any person who participated and helped in politically separating the new nation from Great Britain and in the military cause against that nation became a citizen at the time the Constitution was adopted. The Court explains that anyone who was part of these people at the time of the drafting of the Constitution were the "original citizens" of the U.S. 

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