Friday, October 21, 2011


The terms "citizen," "native born," and "natural born" are not equivalent. Native born means nothing more than born on U.S. soil. Natural born means born on U.S. soil to two U.S. citizen parents. The wording of Article II, Section 1, Clause 5 of the U.S Constitution makes no sense if natural born means the same thing as native born, and the "grandfather clause" of the requirement would serve no purpose. (Those who point to the 14th Amendment should be reminded that is has nothing to do with the term natural born citizen and does not even mention it.)

Absent a Supreme Court ruling on the issue (which Obama has been fighting for more than two years), it must be resolved by historical documents:

On the floor of the U.S. House of Representatives in 1862, Congressman John Bingham—the “father of the 14th Amendment”—stated, “All from other lands, who by the terms of [congressional] laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens. Gentleman can find no exception to this statement touching natural-born citizens except what is said in the Constitution relating to Indians.” In 1866 Bingham stated, “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.” Bingham’s definition was never disputed by other Congressmen. (Obama supporters—including attorneys filing briefs with the U.S. Supreme Court—have omitted the words “of parents” when quoting Bingham’s statement, in a shameful and intentional effort to mislead.)

In Minor v. Happersett (1875) Chief Justice of the Supreme Court C. J. Waite wrote, “The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.”

If Rubio is chosen as the GOP's vice presidential candidate lawsuits will fly. Count on it.

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