- Law Cases
by Tim DeJong
(May 17, 2010) — The simple truth in evidence is Obama’s own declaration that he was born of a British father and is therefore not a “natural born Citizen.”
The Constitution is a modest document. Much of its meaning is in what is usually called common law. Some assume common law refers to Blackstone or English Common Law. The framers and many justices, Joseph Story among them, have referred to Vattel as our common law. Given that the first school of law established at a college in the Congress United (between the Revolution and the ratification) was that created at William and Mary by Thomas Jefferson, when James Madison was its president, and among its first students was John Marshall, and the stated structure of the curriculum was Law of Nations based upon Vattel and Adam Smith’s Wealth of Nations. Can there be any doubt about the intent of the framers when justices including subsequent Chief Justice John Marshall cited Vattel when quoting “born on the soil of parents who are its citizens?” When the principal author of the 14th amendment, John Bingham, cites Vattel “about which there has never been doubt,” the meaning of “natural born Citizen” is confirmed for at least the twentieth time.
James Madison said:
I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that be not the guide in expounding it, there can be no security for a consistent and stable, more than for a faithful exercise of its powers. If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shapes and attributes of the Government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense. And that the language of our constitution is already undergoing interpretations unknown to its founders, will I believe appear to all unbiased Enquirers into the history of its origin and adoption.” Madison’s words define “the time-honored canons of statutory interpretation.” The words of our framers citing Vattel, and the subsequent use of the term coined by Vattel, “natural born Citizen” – not “subject.”
Framer Dr. David Ramsay pointed out in 1791:
A citizen of the United States means a member of this new nations. The principle of government being radically changed by the revolution, the political character of the people was also changed from subjects to citizens.
The difference is immense. Subject is derived from the Latin words, sub and jacio, and means one who is under the power of another; but a citizen is an unit of a mass of free people, who, collectively, possess sovereignty.
The Constitutional power to define “natural born Citizens” was not intended to be left to the states. It was our common law, understood by every jurist of the time in the most quoted, the most cited, and the most important legal document in the framing of our Republic. The Law of Nations was the most cited legal reference by almost a factor of four between 1789 and 1821 (followed by Bynkeshoek and Pufendorf).
The notion of “sovereign legal instruments” is a new twist.” We don’t need “sovereign legal instruments” to tell us that the four chief justices and dozens of justices of the Supreme Court who cite Vattel on “natural born Citizen,” and hundreds who cite Vattel on other legal matters (try to count the Vattel citations in James Wilson’s Philadelphia Lectures) have established our common law. There are well over 100 terms used in articles and amendments not defined in the body of the document. That was intentional. Madison, above, determined to keep the Constitution concise. A major role of the Supreme Court is to interpret the Constitution’s provisions.
Some of those submitting smoke are actually being paid by the White House, which in itself is a frightening testament to how close to tyranny we are.
Of course one could turn to that great legal scholar, Sen. Patrick Leahy, who agreed with former judge and HSA Secretary Michael Chertoff in 2008 when Chertoff said, “It is my understanding that a natural born citizen has two parents who are citizens.” This was, of course, part of the plot culminating in Senate Resolution 511 to insure that John McCain would be perceived as eligible to run against Obama, thereby silencing any questions about Obama’s failure to satisfy the “citizen parents” attribute of natural born citizenship.
Clever law professors such as Larry Tribe, for whom Obama was a research assistant, and whom Elena Kagan pardoned after Tribe was exposed as a plagiarist, will try to confuse the issue, but our framers said it simply and clearly, citing Vattel. A natural born citizen is born on our soil of citizen parents. Obama is ineligible, and if we have to have another revolution to return to the values which make our republic great, we will prevail.
Read the original sources. They are understandable. When Wong Kim Ark is raised, that is a common Obot smokescreen. Horace Gray was appointed by the only other usurper to sit in the White House, Chester Arthur, and his decision only applied to citizens, not natural born citizens. It is a confusingly-written document, but eventually cites Minor v. Happersett in which Vattel is cited. Since Wong Kim was never presumed to be a natural born citizen – he was born in San Francisco but of non-citizen parents – natural born citizenship was not at issue, and not determined. Some think Gray was creating smoke to protect his appointee.
Someone found an article written in a New York newspaper in 1789 describing a visit to George Washington’s New York office. Washington hadn’t yet entered the office when the reporters were admitted. Being reporters they noted that Washington, on his his first day as president had one book open on his desk, Vattel’s Law of Nations. Law of Nations is a readable compendium of what was described as natural law drawing from and citing philosophers from Aristotle to Vattel’s contemporaries. Read it online or from Amazon or the library. Several of our framers, including Alexander Hamilton, describe it as our common law.
Tags: Adam Smith, Blackstone, Bynkeshoek, Dr. David Ramsay, Emmerich de Vattel, George Washington, James Madison, James Wilson, John Bingham, John Marshall, John McCain, Minor v. Happersett, natural born citizen, Obama, Obama's eligibility, Pufendorf, Senate Resolution 511, The Law of Nations, U.S. Constitution, Wealth of Nations