- Law Cases
by Lawrence Sellin, ©2012
(Jan. 2, 2012) — Sir or Ma’am,
Natural born citizenship was clearly defined in the Supreme Court holding Minor vs. Happersett (1875). It was a case about women’s suffrage, and in order to determine if Minor was allowed to vote, they had to define her citizenship. They said she was a natural born citizen because she was born in the US of citizen parents. It is a binding precedent that has never been superseded by any other Supreme Court holding or Constitutional Amendment and, therefore, supersedes all statutory law.
As you may know, the natural born term was well known during the time of the writing of the Constitution from Vattel’s “Law of Nations” (1758) stating “natural-born citizens are those born in a country of citizen parents” (Volume 1, Chapter 19, Section 212).
The issue at the time of the adoption of the Constitution was dual allegiance. The Founders were afraid that a British aristocrat might usurp the office of President (or Vice President) and steer the US back to the British Empire. The term natural born citizen only applies to those two offices and it is no accident that every post-Revolutionary Era President was a natural born citizen except Obama and Chester A. Arthur, who also lied about his background.
British law made Barack Obama a British subject by birth because his father was a British subject and then a Kenyan citizen after independence. Obama chose to let his Kenyan citizenship lapse on or about his 23rd birthday (Kenyan law).
The definition of natural born citizenship provided by many media outlets is wrong. Natural born citizenship is a combination of jus soli (born within the territory of the state or commonwealth) and jus sanguinis (citizenship through the parents’ citizenship status) not either/or.
Senator Marco Rubio (R-FL), for example, is not a natural born citizen because his parents were Cuban citizens at the time of his birth. It may be inconvenient for his aspirations and those of the Republican establishment, but that is the law.
The situation for Senator John McCain (R-AZ) was more complicated because his parents were in Panama due to military service, albeit that he was born in a Panamanian hospital. A case could be made for McCain as a natural born citizen, but it wasn’t.
Senate Resolution 511 (2008) was not legal because Congress has no authority, short of a Constitutional Amendment, to make a determination about McCain’s natural born citizenship. Without that, McCain was, in fact, an illegal candidate.
Nevertheless, a secret deal was struck between Congressional Republicans and Democrats to declare McCain a natural born citizen and not challenge Obama’s ineligibility for the Presidency.
Challenges to Obama’s eligibility were also prevented because the mainstream media fully backed Obama, discouraged any investigation of his background and threatened to brand any Obama opponent as a “racist.”
In my most recent article, I provide two video links, which explain the natural born citizenship requirements.
Also, attorney Leo Donofrio does a good job explaining Minor vs. Happersett. It is worth the time to understand the legal arguments.
There is confusion about what natural born means because there is a massive amount of misinformation being spread either through ignorance or through a deliberate campaign to mislead the public. See here.
So, in terms of natural born citizenship, it does not matter where Obama was born. He was never eligible because his father was not a US citizen at the time of Obama’s birth. In fact, because Obama’s mother was not 19 years old at the time of his birth, Obama could not receive US citizenship through his mother if he was born abroad.
As I said, however, where Obama was born does not matter in terms of natural born citizenship, but it does matter from a criminal standpoint if he has released forged birth documents, a forged Selective Service registration and uses a Social Security Number not issued to him. They are all felonies.
There is, in fact, no credible evidence that Obama was actually born anywhere. There may have been a birth announcement in the newspaper, but that is not evidence. You can’t get even a driver’s license with a newspaper clipping. And why has no hospital in Hawaii admitted that he was born there or that Obama’s mother was a patient?
Numerous document experts have gone on the record stating Obama’s Certificate of Live Birth presented by him on national television on April 27, 2011 is a forgery.
Like many Americans, initially, all of this was way too much for me to believe. I could not comprehend corruption so deep and broad. I was trained as a scientist (Ph.D. in physiology). I am not an adherent to conspiracy theories and never have been. I am simply following where the facts seem to lead.
Obama is, however, not my main concern. It is the endemic corruption in Washington, D.C., both Republican and Democrat, which has facilitated Obama’s rise to power. To me Obama is simply the most egregious example of that corruption and just the tip of the iceberg.
I believe that Obama needs to be brought down legally before the 2012 election, which will go a long way to end corruption in Washington, D.C. because the bipartisan corruption will then be fully exposed to the American people.
In my opinion, not one of the Republican Presidential candidates will address Obama’s ineligibility or his felonies. They will continue to ignore or bury the evidence, even after a Republican victory over Obama because there are too many senior Republicans complicit in the cover-up.
Nearly all avenues for redress or investigation have been blocked by the government and the media.
It is now up to the American people and individual states to stand our ground. Otherwise, we will endorse permanent political corruption in Washington, D.C., which will eventually lead to the destruction of our republic and, possibly, civil war.
Colonel (ret) Lawrence Sellin
Lawrence Sellin, Ph.D. is a retired colonel with 29 years of service in the US Army Reserve and a veteran of Afghanistan and Iraq. He receives email at firstname.lastname@example.org
Tags: 2012, Article II, British empire, Chester A. Arthur, civil war, Col. Lawrence Sellin, Congress, dual allegiance, jus sanguinis, jus soli, Kenyan citizenship, Minor v. Happersett, natural born citizen, Obama's Ineligibility, Panama, Presidential eligibility, racist, Sen. John McCain, Sen. Marco Rubio, statutory law, The Law of Nations, U.S. Constitution, Vattel, Washington DC