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In this paper, I prove the original intent of the "natural born Citizen" (NBC) clause at Art. II, §1, cl. 5.

http://publiushuldah.wordpress.com/2012/07/19/the-constitution-vatt...

 

David J. Edwards is the one who found the evidence that our Founders & Framers relied on Vattel!

It is not WHERE one is born, but rather the citizenship status of one's parents, which determines whether one is "a natural born Citizen" w/in the meaning of Art. II, § 1, clause 5, U.S. Constitution.

 

This article has relevance to the NBC status of obama, rubio, etc.

It is also relevant to the NBC status of John McCain:  it matters not one whit WHERE he was born, b/c his parents were U.S.Citizens at the time of his birth.

It is also relevant to the citizenship status of the Mexicans born within these United States of parents who are here illegally.  They are not  NBCs! 

Tags: natural born Citizen

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I am here to answer questions, dear.

According to my reading on John "Rick" Santorum's background:

His father, Aldo, was born (1923) as a citizen of Riva del Garda, Italy and arrived in the USA at age 7.  Aldo may have served in the US military or other government job during WWII.  Then, he seems to have worked for the Veteran's Administration until he retired.  Rick's mother, Catherine, was born in the USA in 1918.  Her parents had Irish and Italian ancestry, but she has been deemed to be an American citizen from birth (whether "natural born" or not, her citizenship is being accepted as correct for the purposes of the mother of a POTUS candidate).

At some point before Rick's birth (1958), Aldo may have been naturalized.  Rick's mother (now over 90 yrs of age) claims she has the documentation of Aldo's naturalization.  If that is the case, and the naturalization documents pre-date Rick's birth, then Rick is a "natural born Citizen".

I am not aware if anyone in the RNC, DNC, Congress, Election Boards or anyone else has tried to verify Catherine Santorum's documents of Aldo's citizenship, or found copies in Federal archives. Doing so would be advisable.  Putting that off could create problems, depending on how the coming Primary Elections and Caucuses go. 

Yes. Very good analysis of the Facts and application of the Facts to The Law! 

Thank you PH,

Once the proper steps are clear and known, they really are not tricky.  Determining eligibility fits onto a simple, one-page logic flow chart.

"If this___, then that___, if that, then...(etc.)."

The hard part is wading through all the nonsense people have generated out of ignorance, wishful thinking, and premeditated lies used by some to promote their favorite (ineligible) candidates.

You nailed it!  That is the formula for analysis I use in every single problem I face. It's a chain of logical reasoning which takes one from the statement of the problem all the way to the solution. And if the Facts are correct, then so is the solution.

And yes, wading thru the nonsense is the hard part and takes up much time.

Just to affirm that SCOTUS is the Supreme Court of the United States, correct?? So the Supreme Court, created to uphold the constitution, has decided NOT to figure this issue out.. ?? Hmmm..... This is so disappointing!! They should declare a more clear decree of what is natural born and require candidates to be approved by the court before starting thier campain. I'm really disappointed in our Judges...
1. Yes, SCOTUS is the Supreme Court of the US.
2. NO, it was not created to "uphold the Constitution". It was created to decide the limited category of cases listed at Art. III, Sec. 2. One of those categories is "cases arising under this Constitution". But, as I have shown in previous papers, our Founders saw The People as the ultimate authority on the meaning of the Constitution. See the Discussion on States' Remedies when the Federal Government usurps powers.
3. I haven't read the Petitions filed in the Supreme Court asking that Court to review the dismissals, by the lower federal courts, of the Petitions seeking to force obama to produce a birth certificate. And when they deny review, they usually just issue a two word ruling, 'cert. ["review"] denied.'
4. SCOTUS should declare what is natural born & "require candidates to be approved by the court before starting their campaign"?????? Do you know what you said? What you propose is completely UNconstitutional. Nothing in the Constitution grants that power to the federal courts!
Read the Constitution, and the 3 articles linked here. It is amazing what one can learn by reading (good stuff). Then, ask questions. But we learn nothing when we just post what WE think. What WE think people in the federal government should do is irrelevant. What matters is what powers do the Constitution grant to the branches of the federal government.
PH...In a lot of these cases challenging Obama's citizenship the court says they don't have "standing" and dismiss the case. What are they saying when the court says that and should some of these cases (people) actually have "standing" to challenge these things about Obama's citizenship?
Publius, I have not read the petitions filed with the SCOTUS in this matter, but suspect that some clerk determined the validity of the case for review.  I am wondering if the wrong questions were being asked?  If the Court were being asked to make a rule demanding that Obama provide documents, I would see this has a political act/demand (for lack of a better word) that the SCOTUS would not likely agree to hear.  But, if the question were "is a person, the father of whom is not a citizen, but, who is born in the jurisdiction, or territory of the United States to a citizen mother, a "natural born citizen"(?), then, it might gain more traction.

Oh no!  The supreme Court justices themselves vote on the petitions for writ of cert. [i.e., petitions where the party who lost in a lower court asks SCOTUS to review a decision of one of those lower courts.  Not some Clerk at the supreme Court!

No, the petitions for writ of cert in the "birther" cases  (i.e., asking SCOTUS to hear an appeal) raised valid constitutional issues which SCOTUS should address. But it takes 4 justices (when all 9 vote) to vote to grant cert.  So our side can't even get 4 judges to agree to hear these cases.

There is a big book written on supreme Court practice! 

THESE 9 IDIOTS ARE NOT JUDGES , THEY AR MERELY POLITICAL HACKS ATTEMPTING TO SAVE THEIR BEHINDS. THEY THINK WE WONT DO ANYTHING ABOUT THEIR SPINELESS NON DECISIONS.
As I have stated before, the courts are afraid of the results of a decision that would necessarily prove the Idiot OBOMA unconstitutionally residing in the White house. Additionally They have proven that they are not an independent thinking body. I think we need to do a lot of study on certain portions of the Constitution that make it our duty to maintain our country as intended and doing the necessary on our legal authority to boot the bastards out.

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