Friday, March 20, 2009

Vince actually got it right! - Congratulations!

I don't know who "VINCE" is but he has the birth certificate issue down pat. (from comments on another blog) http://www.rightsidenews.com/200903194056/editorial/natural-born-citizens.html

This has nothing to do with his place of birth or birth certificate.

It has everything to do with the fact that his Father was not an immigrant nor a US Citizen.

This has to do with the US Constitution and the definition of “Natural Born Citizen”

The Constitution requires the President be a Natural Born Citizen

Article II - Constitution
No person except a natural born Citizen, or a Citizen of the United States,
at the time of the Adoption of this Constitution, shall be eligible to the
Office of President; neither shall any Person be eligible to that Office who
shall not have attained to the Age of thirty-five Years, and been fourteen
Years a Resident within the United States.

Many people think anyone born in the US under any Circumstance is a Natural Born Citizen because of Amendment XIV

Amendent XIV Says
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


Notice that the text does not say “Natural Born Citizen”... just “citizen”.

The author of the amendment says:


” ... I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents (plural, meaning two) not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen...” - John Bingham


So the guy who wrote the XIV Amendment clearly distinguished between being
born a Citizen and being a Natural Born Citizen. The XIV Amendment does not use “Natural Born Citizen” because it would have redefined what NBC meant.

The Constitution does not define what a NBC is. That is becaue the term was in common use at the time and did not need to be defined. This is the definition of NBC at the time of the Constitution

”The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society can not exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as a matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. THE COUNTRY OF THE FATHERS IS THEREFORE THAT OF THE CHILDREN.” - Emmerich de Vattel , Law of Nations 1758


John Jay had “The Law of Nations” when the Constitution was being drafted. He wrote:

”Permit me to hint, whether it would be wise and reasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen.”



Senator Leahy and Homeland Security Secetary Chertoff affirmed the “having two US Citizens as parents” definition last year when they tried to resolve the question about McCain being a NBC.


Chairman Leahy. We will come back to that. I would mention one other
thing, if I might, Senator Specter. Let me just ask this: I
believe–and we have had some question in this Committee to have a
special law pa*sed declaring that Senator McCain, who was born in the
Panama Canal, that he meets the constitutional requirement to be
President. I fully believe he does. I have never had any question in
my mind that he meets our constitutional requirement. You are a former
Federal judge. You are the head of the agency that executes Federal
immigration law. Do you have any doubt in your mind–I mean, I have
none in mine. Do you have any doubt in your mind that he is
constitutionally eligible to become President?

Secretary Chertoff. My a*sumption and my understanding is that if you
are born of American parents, you are naturally a natural-born
American citizen.

Chairman Leahy. That is mine, too. Thank you.

pepper comments on vince:

pepper has left a new comment on your post "Vince actually got it right! - Congratulations!":

Actually all this has nothing to do with his birth place, his birth certificate OR his birth father. It is all about Obama not being President until he finishes the process described in the Constitution to become President!

According to the 20th Amendment Obama becomes President ONLY when HE provides proof of his qualification.

What is the meaning and therefore the effect of these words in the 20th Amendment, section 3?


"if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified;"


First, the particular words of concern are: "the President elect SHALL HAVE FAILED to qualify". The plain reading of this is that the responsibility for qualification to the office of President rests solely on the shoulders of the President elect himself. It does NOT say anyone else has that responsibility or may even attempt to perform this on their behalf.

Second,it says that Obama is just "President elect" until he completes the process and qualifies himself. And since he is not the President elect until AFTER the electors have had their votes counted and authenticated by Congress, this proof must be provided sometime AFTER that has occurred. Therefore he cannot be considered as President until he and he alone provides this proof of qualification.

Notice also that it says "until a PRESIDENT shall have qualified;" NOT until a President ELECT shall have qualified. This would seem to indicate that he becomes President AS he provides proof of his eligibility. This reasoning is further amplified when the amendment goes on to say:


"and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified."

The first official act of any President is to qualify HIMSELF.

Does this not mean that an "acting President" will perform UNTIL a new PRESIDENT qualifies himself.

Since we know that Obama would not be able to qualify himself and therefore has not, does that not make Biden the acting President, assuming of course that HE did qualify himself to be Vice President?

Further, since this Amendment does not state who is the recipient of this proof,it must be "We the People" or at least their representatives in a manner which is OPEN to "We the People".

Legally then, Obama, or anyone else, has to do NOTHING before or after the general election UNTIL that time that he is verified to be President elect by the joint session of congress which counts and tallies the electors votes. But then he MUST provide legal proof of his eligibility before he can BE President, irregardless of oaths, ceremonies, white house occupancy, signing his name or anything else. It is this presentation of eligibility that turns the President elect into the President!

While this Amendment provides for further laws to deal with an unqualified President elect, have any such been written? Also it would be possible for the states to limit placing names on the Presidential ballot to those that are legally qualified, but apparently none so far have done that either, at least by requiring actual legal and documented proof before the general election.

Therefore Obama is legally only the President elect. When he submits proof that he is qualified to be President to the American People, THEN he becomes President! Until then Biden is NOT the Vice President but rather the acting President, IF he has presented proof of his qualifications. Biden only becomes Vice President when the President elect proves his qualification.

We the People are required to do nothing, rather it is the President elect who is mandated by the Constitution to do something. Prove himself!

1 comment:

Anonymous said...

Actually all this has nothing to do with his birth place, his birth certificate OR his birth father. It is all about Obama not being President until he finishes the process described in the Constitution to become President!

According to the 20th Amendment Obama becomes President ONLY when HE provides proof of his qualification.

What is the meaning and therefore the effect of these words in the 20th Amendment, section 3?


"if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified;"


First, the particular words of concern are: "the President elect SHALL HAVE FAILED to qualify". The plain reading of this is that the responsibility for qualification to the office of President rests solely on the shoulders of the President elect himself. It does NOT say anyone else has that responsibility or may even attempt to perform this on their behalf.

Second,it says that Obama is just "President elect" until he completes the process and qualifies himself. And since he is not the President elect until AFTER the electors have had their votes counted and authenticated by Congress, this proof must be provided sometime AFTER that has occurred. Therefore he cannot be considered as President until he and he alone provides this proof of qualification.

Notice also that it says "until a PRESIDENT shall have qualified;" NOT until a President ELECT shall have qualified. This would seem to indicate that he becomes President AS he provides proof of his eligibility. This reasoning is further amplified when the amendment goes on to say:


"and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified."

The first official act of any President is to qualify HIMSELF.

Does this not mean that an "acting President" will perform UNTIL a new PRESIDENT qualifies himself.

Since we know that Obama would not be able to qualify himself and therefore has not, does that not make Biden the acting President, assuming of course that HE did qualify himself to be Vice President?

Further, since this Amendment does not state who is the recipient of this proof,it must be "We the People" or at least their representatives in a manner which is OPEN to "We the People".

Legally then, Obama, or anyone else, has to do NOTHING before or after the general election UNTIL that time that he is verified to be President elect by the joint session of congress which counts and tallies the electors votes. But then he MUST provide legal proof of his eligibility before he can BE President, irregardless of oaths, ceremonies, white house occupancy, signing his name or anything else. It is this presentation of eligibility that turns the President elect into the President!

While this Amendment provides for further laws to deal with an unqualified President elect, have any such been written? Also it would be possible for the states to limit placing names on the Presidential ballot to those that are legally qualified, but apparently none so far have done that either, at least by requiring actual legal and documented proof before the general election.

Therefore Obama is legally only the President elect. When he submits proof that he is qualified to be President to the American People, THEN he becomes President! Until then Biden is NOT the Vice President but rather the acting President, IF he has presented proof of his qualifications. Biden only becomes Vice President when the President elect proves his qualification.

We the People are required to do nothing, rather it is the President elect who is mandated by the Constitution to do something. Prove himself!