My definition of natural-born derives from the 1790 immigration act, which is the only use of the term “natural-born” in American law:

unclesmrgol on September 9, 2009 at 11:02 AM

Oh, you mean the same act that was five years later repealed? You’re an idiot.

Five years later, Congress repealed the 1790 Act and replaced it with the Naturalization Act of 1795. The wording of the 1795 Act was essentially the same as the 1790 Act, except that the term “natural born citizens” was deleted and replaced with “citizens”.

Thereafter, Congress has passed laws that convey American citizenship to certain people at birth, but Congress never again passed any law that explicitly clarified, defined or extended the meaning of natural born citizenship. Senate Bill S.2128 was supposed to define “natural born citizen”, but it was never enacted. The bill was referred to the Judiciary Committee in 2004, where it has remained ever since. In 2008, the Senate passed Resolution 511 regarding Presidential candidate John McCain’s natural born citizenship, but the resolution was nonbinding and had no legal effect.

1. Why does it matter? Was he ever the President of the United States? No? Then who cares.

2. I don’t have all of the information I need. Certainly he was a citizen, but whether or not he was natural born depends upon whether or not his parents were U.S. citizens at the time of his birth. Were they? I’ve had trouble digging up that information. Maybe you’ll have better luck.

2Brave2Bscared on September 7, 2009 at 10:22 PM

Typical 2Scared2Bbrave — uh, 2Brave2Bscared.

1. I care, because Munemori’s situation is even worse than Obamas — he’s got two noncitizen parents, but he was born in Los Angeles. A poster child for natural-born-ness if I ever saw one.

His parents arrived during the time of the Alien Exclusion Acts, and as Japanese would not have been permitted to apply for citizenship. It wasn’t until the Magnuson Act in 1943 that this restriction was overturned.

2. My definition of natural-born derives from the 1790 immigration act, which is the only use of the term “natural-born” in American law:

And the children of citizens of the United States that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens: Provided, That the right of citizenship shall not descend to persons whose fathers have never been resident in the United States: Provided also, That person heretofore proscribed by any State, shall be admitted as a citizen as aforesaid, except by an act of Legislature of the State in which such person was proscribed.

The meaning of “as natural born” is quite clear. It means that such individuals will be treated as if they had been born on American soil. Hence, my feelings are borne out by the only piece of legislation in our country’s history (other than the Constitution) to mention the term.

Of course, the 1790 act restricted those who could be “natural-born” to being free white (not indentured or a person of color), restrictions which stood in later legislation until removed by the 14th Amendment to our Constitution.

Glenn Beck & Brian Kilmeade on today’s Fox & Friends:
.
BK: Tell us about this week.
.
GB: This week… by the end of the week you will see that something that everybody feels in their gut is wrong, but nobody has really exposed it, is going to be exposed this week. And you will see by the end of the week that people will go to jail. We’re sitting on, what’s happening in this country right now, I’ve said this for awhile, I believe, is one of the most important stories in American history. You’re going to see the beginning of it and people will go to jail.”

I’m a “truther”

I want to know the truth of what’s contained on Barry’s Birth Certificate.

• Question with boldness

• Hold to the truth

• Speak without fear

Here honey, hold my beer. Watch this…

http://radiopatriot.blogspot.com/2009/09/question-with-boldness.html

To bad, Obama cannot “man up” and produce the documentation like every other POTUS before him. What a jackass.

Gee…isn’t Obama “cool” (sarcasm turned way off)

Anyone who signed a Birther petition can expect to get bypassed for political appointments in a Republican White House with a halfway-decent vetting team, strictly on the basis of politics, in the wake of Jones’ resignation.

You can’t be serious.

In the next Republican administration, we can expect a great deal of scrutiny for Presidential advisers. For one thing, it means that no one who ever expressed public support for Birthers to get the benefit of the doubt. The two conspiracy theories are different, but they both are entirely speculative and imagine dark conspiracies at the highest orbits of power,

It’s too late to try to participate here (nine pages of comments, haven’t read them)…

BUT, allow me to at least add this declaration: the “Birthers” are not conspiracy-theorists, nor does the issue of Barack Obama’s Constitutional qualifications or lack thereof for the Presidency exist in any “conspiracy theory” or debate about theories of a conspiratorial nature.

It’s just a case of qualifications, as yet unsubstantiated.

The fact that there is no proof of either, does not result in equally evil accusations or potential wrongs, any more than finding a buck on the bank floor and pocketing it equates to blowing the safe open with dynamite.

The game of finding any common variable and then calling things identical needs to be confronted -and the person saying such need to be brought down along with the deceit.

But will the pseudo-racists and devoid-of-reality right-wing southern hillbillies believe that Barry was indeed born in hawaii and that both his parents don’t need to be US citizens—probably not.

So thanks birfers for making conservative look like fools.

. . .Educate yourself. . .

2Brave2Bscared on September 7, 2009 at 10:55 PM

Thank You,
and a respectful salute too 2Brave2Bscared!
For taking the time and effort, to layout the legal
issues in such a patient, concise, and coherent manner.

Also,
am now enjoying the writings and links on your web pages.

http://amnation.com/vf

“Let’s Roll”

News commentators and Internet bloggers invented the word “birther” as a term of derision and contempt towards people who question Barack Obama’s presidential eligibility

Therefore, those who oppose “birthers” must be “Frauders”

NO COURT will find that the first black president of the U.S. is unqualified after having been elected to the office by 90% of black voters. Furthermore, no Democrat controlled Congress will recall him either — unless incontrovertible evidence is discovered that is so damaging, that spillover from failing to impeach, would negate an incumbents chances for re-election.

Barring major miracles, our best hope (prayer) is that the Blue Dogs have a non-Obama epiphany after seeing their constituents mobilizing against them. Such short-term rebalancing of power may provide a temporary holding action against the ultra-Left-wing machine’s scorched earth agenda. Hopefully, the dawgs paw in the dike will hold until a more permanent shift to the conservative right is affected in the 2010 election cycle. In prayer, passing the ammo…

“Let’s Roll”

Look. Even if Obama were born on the freakin’ moon, now, at this moment (and actually at any moment past his January inauguration IT DOES NOT MATTER.

The man is the President of the United States. A dirty socialist, sure, but President he is.

Get over it, and do better in 2012, is all I’m saying.

If this is true, then the our current government is nugatory and it’s time to go East and push the entire District of Columbia (at least all the legislators there) into the ocean and start a new Constitutional Congress to rebuild this country in the eyes of our founding fathers. I want to start with the 12th Amendment – The election of our President and Vice President is supposed to be two separate ballot votes.

forgery has been proven to be a forgery

I’m confused…

Serr8d on September 7, 2009 at 10:34 PM

Here. Educate yourself. Or shut up.

Listen, ya loon, Obama was inaugurated. What would you do if you could prove (and you can’t) that he was born in Kenya or anywhere else?

Listen, ya idiot, why do you think my aim is to prove Obama was born in Kenya, or anywhere else other than Hawaii for that matter? Oh, I know, because you’re one of those ignorant morons who doesn’t know that there are two very different controversies raging here, one over where he was born (that being more of a conspiracy theory), and one concerning his constitutional eligibility to serve as POTUS (a legitimate legal matter).

I’m not a “birther.” For all I care he was born in Michigan. There’s far more to this than his place of birth. You’d know that if you had simply taken the time to do a bit of research.

Are you going to call for his impeachment, or his removal from office? Do you realize that we would have Civil War II?

What are you saying? That the extent of our pursuit of the truth and defense of our Constitution depends upon the reaction we expect to receive from the Left? That’s pretty cowardly and unprincipled.

“I know the Marxist revolutionaries are trampling all over our Constitution and tearing it to shreds, but we shouldn’t say or do anything about it because if we do they very well may get mad and riot!” Yeah, better to just keep quiet and let them have their way…

*rolls eyes*

Says the defeatist who doesn’t care all that much about the Constitution.

2Brave2Bscared on September 7, 2009 at 10:17 PM

Listen, ya loon, Obama was inaugurated. What would you do if you could prove (and you can’t) that he was born in Kenya or anywhere else? Are you going to call for his impeachment, or his removal from office? Do you realize that we would have Civil War II?

If we learn anything from this, it is that we must vet the Media. There’s where the ‘birth’ of our failure is; there’s the problem with this country. We’ve lost the media to the Left.

OK, since you think that my feelings do not match the law, present proof that this particular Medal of Honor winner is not a natural-born citizen of the United States.

unclesmrgol on September 7, 2009 at 8:21 PM

1. Why does it matter? Was he ever the President of the United States? No? Then who cares.

2. I don’t have all of the information I need. Certainly he was a citizen, but whether or not he was natural born depends upon whether or not his parents were U.S. citizens at the time of his birth. Were they? I’ve had trouble digging up that information. Maybe you’ll have better luck.

Look. Even if Obama were born on the freakin’ moon, now, at this moment (and actually at any moment past his January inauguration IT DOES NOT MATTER.

Says the defeatist who doesn’t care all that much about the Constitution.

Here is some additional reading for you.

There is a lot there, and quite frankly I don’t know what you expect me to get from it. If you want me to read something in particular, please point it out. Most of those cases I am already familiar with. All I really see are arguments for plain “citizenship,” not “natural born” citizenship. And as I have already demonstrated, the two are not the same.

Like I have said, I tend to agree with you. However, I refuse to make a definitive pronouncement. And you should too. You will seem more reasonable.

Look, I appreciate the advice, but I’ve seen enough to know that I’m right about this. That doesn’t mean anything is settled, of course — the SCOTUS needs to rule on this. But I am certain that the Founders’ intent was that only persons born on U.S. soil to parents who are citizens shall be eligible to hold the office of the POTUS per Article II, Section 1, Clause 5 of the Constitution.

Just ask the valid legal question and present your valid arguments, but recognize that the phrase is open to other interpretations.

tommylotto on September 7, 2009 at 9:01 PM

Only if you’re a relativist and don’t believe there’s any absolute interpretation.

Anything is open to any kind of interpretation if you ask the right person. Look what the liberal activists have tried to do (and have done) to the 1st, 2nd and 10th Amendments, to name but a few examples. I’m not interested in being tolerant of wrong-headed “interpretations” of this particular section of the Constitution anymore than I am in being open to interpretation twisting in the 2nd Amendment. Neither should you.

Again, the courts need to rule on this. That’s their job. But I am fully confident that if they do their job right, they’ll come down on my side of the fence. Whether we can expect solid, Constitutional Supreme Court decisions on an issue this big in a day and age of rampant bench legislating and liberal judicial activism is another matter. I am at least confident in Scalia, Thomas and Alito. Where ever the others fall, who knows.