|
Four
Famous Cases
|
 |
|
|
|
|
|
|
Statutory Vs Natural Born |
|
ALL statutory citizens are born with a tie to another
nation by birthplace and/or blood, but NEVER is that the case with any
natural born citizens who are only American.
A statutory citizen (bestowed by man's pen) can never
be a "natural born" citizen (bestowed by God/nature).
Statutory citizenship means that a person's
citizenship requires a law or laws to define it. A citizen via
statute is constitutionally ineligible to serve as Commander-in-Chief.
A person who is
natural born requires no laws to define their citizenship. Only a
"natural born" citizen is constitutionally eligible to serve as
Commander-in-Chief.
"Natural born" citizens are in a class
separate from all others. They are, in fact, in a classification
or category unto themselves
because
they alone are eligible to serve as Commander-in-Chief -- a fact that
unsettles many.
|
|
Circumstances Of Birth And Citizenship |
|
1.
Birthplace important AND parentage
important -- a "natural born"
citizen is any person born in the US mainland (includes Alaska and
Hawaii) AND born of US citizen parents (that's two) -- think Ronald Reagan.
2.
Birthplace important AND parentage not important -- a "native born" citizen
(also considered a 14th Amendment
citizen) is any person born in the US
mainland (includes Alaska and Hawaii) -- one or both of the parents may
be foreign nationals -- think Barack Obama.
3.
Birthplace not
important AND parentage important -- a citizen "by statute" is any person born of a US citizen
parent(s) outside the US mainland -- think John McCain.
4.
Birthplace not important AND parentage not
important -- a
"naturalized" citizen is a citizen as the result of a process
(i.e. by federal statute as bestowed to Congress under Art. I, Sec. 8,
Cl. 4) -- think
Arnold Schwarzenegger. |
| The Reagan Case |
Ronald Reagan was born in Tampico, Illinois, USA.
His father, John "Jack" Reagan, was born in Fulton, IL, as was his
mother, Nelle Wilson Reagan.
By blood and by place of birth, Ronald Reagan
was a "natural born" citizen. No law bestowed his citizenship upon
him. His father was an American. His mother was an American.
He was born in America. He was a "natural born" American
citizen.
This case
meets the test of
jus soli --
born in the USA
This case meets
the test of
jus sanguinis
-- parents are US citizens
This
person is a "natural born" citizen, and is eligible to serve as
Commander-in-Chief. |
| The Obama Case |
It's 97% certain that Barack Obama was born in Hawaii.
Despite Gov. Lingle's lying statement of May 2nd, 2010, there's a 10%
chance he was born at the
Kapi'olani
Medical Center, a 10% chance he was born at the Queens Hospital, and a
77% chance he was born at home.
No Honolulu hospital has
a record of Obama or mother ever being there. There's also a
2% chance that
Obama was born in Kenya, and a 1% chance he was
born in Vancouver, BC.
Wherever he was born, he had one American citizen parent and one Kenyan citizen parent.
An Indonesian adoption could further complicate Obama's status.
At
birth, Barack Obama gets his citizenship via the 14th Amendment
(assuming Hawaii):
"All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are citizens
of the United States and of the State wherein they reside."
Obama also has
his citizenship defined via the Immigration and Nationality Act -- "by
statute."
Sec. 305. [8 U.S.C. 1405] Persons born in
Hawaii:
A person born in Hawaii on or after
August 12, 1898, and before April 30, 1900, is declared to be a
citizen of the United States as of April 30, 1900. A person born in
Hawaii on or after April 30, 1900, is a citizen of the United States
at birth. A person who was a citizen of the Republic of Hawaii on
August 12, 1898, is declared to be a citizen of the United States as
of April 30, 1900.
At birth, Barack Obama was also a Kenyan citizen and a
subject of Great Britain:
"When Barack Obama Jr. was born on Aug.
4,1961, in Honolulu, Kenya was a British colony, still part of the
United Kingdom’s dwindling empire. As a Kenyan native, Barack
Obama Sr. was a British subject whose citizenship status was
governed by The British Nationality Act of 1948. That same act
governed the status of Obama Sr.‘s children.
The implications of a Soetoro adoption:
Under Indonesian law, when a male acknowledges a child as his son, it
deems the son, in this case Soetoro/Obama, an Indonesian State citizen. See Constitution of Republic of Indonesia, Law No. 62 of 1958
concerning Immigration Affairs and Indonesian Civil Code (Kitab
Undang-undang Hukum Perdata) (KUHPer) (Burgerlijk Wetboek voor Indonesie).
The implications of Kenyan or British Columbian birth:
Sec. 301. [8 U.S.C. 1405] Nationals and Citizens of the United
States at Birth:
(d) a person born outside of the United
States and its outlying possessions of parents one of whom is a
citizen of the United States who has been physically present in the
United States or one of its outlying possessions for a continuous
period of one year prior to the birth of such person, and the other
of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States
of parents one of whom is a citizen of the United States who has
been physically present in the United States or one of its outlying
possessions for a continuous period of one year at any time prior to
the birth of such person;
Click here
for detailed scenarios of Obama’s
citizenship status.
This case meets the test of
jus soli --
born in the USA (97%)
This case fails
the test of
jus sanguinis
-- one or both parents are NOT US citizens
This
person has "dual citizenship" via his father, is NOT a "natural born" citizen, and is NOT
eligible to serve as Commander-in-Chief. |
| The McCain Case |
John Sidney McCain III was
born at the Colon Hospital, located at Avenida Melendez and 2nd Street, Manzanillo Island, City of
Colon, Republic of Panama. The time of birth on the
birth
certificate issued by Panama Railroad Company (that owned the Colon
Hospital) was 5:25 PM and the day and date of birth was Saturday, August
29, 1936.
John McCain's father, John S. McCain Jr., was a US
Naval officer serving in the Panama Canal Zone. His mother is
Roberta Wright. Both were American citizens.
McCain gets his citizenship via the Immigration and Nationality Act --
"by statute."
Sec. 301. [8 U.S.C. 1401] The following shall be nationals and
citizens of the United States at birth:
(c) a person born outside of the United States
and its outlying possessions of parents both of whom are citizens of
the United States and one of whom has had a residence in the United
States or one of its outlying possessions, prior to the birth of
such person;
Sec. 303. [8 U.S.C. 1403]
Persons born in the Canal Zone or the Republic of Panama on or after February 26, 1904
(b) Any person born in
the Republic of Panama on or after February 26, 1904, and whether
before or after the effective date of this Act, whose father or
mother or both at the time of the birth of such person was or is a
citizen of the United States employed by the Government of the
United States or by the Panama Railroad Company, or its successor in
title, is declared to be a citizen of the United States.
This case fails the test of
jus soli --
NOT born in the USA
This case meets
the test of
jus sanguinis
-- parents are US citizens
This
person has "dual citizenship" via his birthplace, is NOT a "natural born" citizen, and is NOT
eligible to serve as Commander-in-Chief. |
| The Schwarzenegger Case |
Arnold Schwarzenegger
was born
in Thal, Austria, a small village bordering the Styrian capital Graz, on
July 30, 1947. His parents were the local police chief, Gustav
and his wife, Aurelia Jadrny.
Schwarzenegger
moved to the United States in September 1968 at the age of 21. He
is a dual Austria/United States citizen. He holds Austrian
citizenship by birth, and has held U.S. citizenship since becoming
naturalized in 1983.
This case fails the test of
jus soli --
NOT born in the USA
This case fails
the test of
jus sanguinis
-- parents are NOT US citizens
This
person is NOT a "natural born" citizen, and
is NOT eligible to serve as Commander-in-Chief
-- this is the only one everybody agrees on. |
| "Natural Born" Simplified |
Ronald Reagan was born in the United States.
Both of his parents were American citizens. "At
birth," he was subject to the laws and jurisdiction of only one
country, the USA. Reagan was a "natural born" citizen.
"At
birth," John McCain was subject to the laws and jurisdiction of two
countries, because he was born in a foreign country, the Republic of
Panama. McCain is a "naturalized" citizen.
"At
birth," Barack Obama was subject to the laws and jurisdiction of two
countries, because his father was a foreigner, a citizen of Kenya, and a
subject of Great Britain. Obama is a "native born" citizen
(probably -- it is not 100% certain that he was born in Hawaii). |
| 14th Amendment And The U. S. Code |
The 14th Amendment defines citizenship this way:
"All persons born or naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the United States and of the
State wherein they reside." But even this does not get specific
enough. As usual, the Constitution provides the framework for the
law, but it is the law that fills in the gaps.
Title 8 of the
U.S. Code fills in those gaps. Section 1401 defines the following
as people who are "citizens of the United States at birth:"
Jus
soli only OR No jus soli but one or two parents US citizens OR Indians
(plus some found orphans).
There is no mention of race, religion
or ethnicity, nor any mention of "natural born citizen," because this is
not part of the law's defining a statutory US citizen.
There is
no provision in USC 1401 Section 8, which is guided by the 14th
amendment, that both parents be US Citizens AND that a child must be
born on US soil. None. This is the only omitted permutation,
every other one is covered by the US Code 1401 Section 8.
Natural
Born Citizen is not IN the Constitution (14th amendment), nor in its
subsequent laws. The only humanly possible permutation omitted
from the 14th Amendment and USC 1401 is for Natural Born Citizen (jus soli
AND
jus sanguinis).
Race has nothing to do with the topic of being a natural born
citizen. Lt. Col. Allen West is a natural born citizen, and a far
better human being than the usurper could ever hope to be in a thousand
life spans. |
| Summary |
Many citizens of this country fail to meet the "natural born citizen"
classification and yet have no divided loyalties.
At no fault of their own, they are disqualified from pursuing the
position of President of the United States of America. Loyalty lies within men's hearts and minds and not their birth
circumstances. One's birth circumstances could have the
possibility of, but not a guarantee of, promoting divided loyalties and
that is the reason for the "natural born citizen" clause/language within
our constitution.
There are many that will argue the logic, because to them it will seem
unfair. Maybe it is unfair, but that is what the constitutional
amendment process is for. Personally, I don't think it's unfair,
because the "natural born citizen" language was wisely and intentionally
installed in the U. S. Constitution as a national security measure or
safeguard. It was put there to protect our country from a Commander in
Chief with divided loyalties. This is the exact situation that we find
ourselves in now as Barack Obama has, on more than one occasion,
proclaimed that he is a "citizen of the world." That is how he sees
himself. |
| Points To Ponder |
• natural
born citizens have NO other nation-ties at birth
• natural born citizens are the
consummate "pure Americans"
•
natural born citizens have no more rights AS CITIZENS than do
statutory citizens, but being president is not a "right", it is a
privilege entailing highly discriminatory criterion for eligibility
including age, duration of residency, as well as parentage and place of
birth (but not race or ethnicity or religion)
• natural born citizenship is
that state AT BIRTH, and cannot be granted at any point beyond
• natural born
citizenship is the highest national security eligibility criterion
|
| |
| My personal thanks
to those who have contributed to this page and have asked to remain
anonymous. |
| |
©
Copyright Beckwith 2010
All right reserved
|
