- Law Cases
by Michael D. Jackson
(Jan. 15, 2012) — Editor’s Note: The following ballot challenge to Willard Mitt Romney for President of the United States was filed on January 13, 2012 with the Illinois State Board of Elections in Springfield, IL. The notarized copy is found below.
IL State BOE Chairman
1020 Spring St.
Springfield, IL 62704
My name is Michael Jackson. My residence is xxxxxxxxxxxxxxxxxxx. I am a registered voter in the state of IL. I am a constitutionally law abiding U.S. citizen born on U.S. soil. My father was born in MO and born to U.S. citizen parents. Though proudly and thankfully I am a legal and lawful U.S. citizen, this I can attest to, but I cannot attest that I am a Natural Born Citizen as my mother was not naturalized as a U.S. citizen until after I was born, thus I could never be a Natural Born Citizen.
It has come to my attention that Willard Mitt Romney has been placed on the Republican primary ballot for IL as a candidate for President. Pursuant to Illinois Statute 10 ILCS 5/10-5 chap 46, para 10-5 said candidate “…being first duly sworn” and “signed” that said candidate is “…legally qualified to hold such an office”. With great concern to the yet unanswered question as to said candidate’s being “legally qualified to hold such an office” I am herewith submitting my “objector’s petition” pursuant to 10 ILCS 5/10-8 chap 46 para 10-8: whereby “any legal voter…” “… having objections to any certificate of nomination or nomination papers or petitions filed, shall file an objector’s petition together with a copy thereof in the principal office or the permanent branch office of the State Board of Elections, or in the office of the election authority or local election official with whom the certificate of nomination, nomination papers or petitions are on file”. Moreover, with respect to 10 ILCS 5/1A-2.1 (from Ch. 46, par. 1A-2.1):“Each member of the State Board of Elections, before entering upon his duties, shall subscribe to the Constitutional oath…” Your charge is great in order to preserve the integrity of our ballot and voter’s rights to a legal and lawful election. I submit therefore that your responsibility and duty is to prohibit and remove from our primary and general election ballot Mr. Willard Mitt Romney, as he is not “legally qualified” to hold the Office of President. One must be a Natural Born Citizen in order to be “legally qualified to hold such an office”. The U.S. Constitution as set forth in Article II Section I Clause V relating to the Office of President: “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.” We have U.S. Supreme Court precedent establishing Article II Section I with the ruling of Minor v. Happersett, 88 U.S. pg. 167-68 (1875). “Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides that ‘no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of President,‘ and that Congress shall have power ‘to establish a uniform rule of naturalization.’ Thus new citizens may be born or they may be created by naturalization.
“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens” (emphasis added).
In addition, supporting case law has been adjudicated by the U.S. Supreme Court which confirms and helps define a Natural Born Citizen. 1. The Venus, 12 U.S. 8 Cranch 253 289 (1814): Justice Livingston, who wrote the unanimous decision, quoted the entire §212nd paragraph from the French edition of Vattel: “The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.” 2. Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830): Justice Story, who gave the ruling, cites the principle of citizenship enshrined in his definition of a “natural born citizen”: … she might well be deemed under the circumstances of this case to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country.
With these supporting lawful and legal precedents it behooves those who have the power and constitutional responsibility to confirm and authenticate if Mitt Romney is legally qualified to be president by virtue of being a Natural Born Citizen. Mitt Romney’s father, George Romney was born in Chihuahua, Mexico in 1907, the son of Gaskell Romney and Anna Amelia Pratt. George Romney came to the U.S. reportedly in the late 1920’s. However, George Romney was a Mexican citizen by birth and this is established by law in the Mexican Constitution – Chapter II:
Article 30. Mexican nationality is acquired by birth or by naturalization:
A. Mexicans by birth are:
I. Those born in the territory of the Republic, regardless of the nationality of their parents:
II. Those born in a foreign country of Mexican parents; of a Mexican father and a foreign mother; or of a Mexican mother and an unknown father.
By virtue of this law, in order for George Romney to have become a U.S. citizen he would have to be naturalized. Moreover, in order for Mitt Romney to be a Natural Born Citizen both of said candidate’s parents would have to be naturalized as U.S. citizens prior to Mitt Romney’s birth. The burden of proof falls upon said candidate to provide the necessary legal and authentic documentation to the veracity of said candidate’s parent(s) being naturalized U.S. citizens before the birth of Mitt Romney’s on March 12, 1947 in Detroit, MI.
The dates and any legal documentation pertaining to George Romney’s being repatriated or naturalized are crucial in order to determine Mitt Romney’s eligibility as President specifically related to the Natural Born Citizen clause set forth in the U.S. Constitution. The U.S. Nationality Act of 1940 Sect 201, 54 Stat. 1137, provides the law by which a person born outside the U.S. is bound by in order to qualify legally as a U.S. citizen. Therefore if candidate Romney’s parents weren’t lawfully U.S. citizens according to this Act, Mitt Romney is therefore not “legally qualified to hold such an office” as president by virtue of not being a Natural Born Citizen. The Romney’s had purposely left American legal jurisdiction: http://www.our-genealogy.com/Latter-Day-Saint-Families/Romney-Family/george_wilcken_romney.htm. The real legal question is this: Romney’s father was born in Mexico. Under their Constitution, he was a Mexican citizen. If George Romney was naturalized as a U.S citizen, what date was that naturalization obtained?
I, Michael Jackson seek relief by the prohibition of Willard Mitt Romney on the U.S. Presidential ballot; for Mr. Romney to attest to the dates of his father George Romney’s U.S. naturalization with legal and authentic documentation to the veracity of such facts; that any litigation expenses plaintiff incurs will be recovered in full; moreover that my 14th Amendment rights provided in Section 1 of U.S. Constitution are not deprived nor caused to suffer injury.
For Christ and Country and Most Respectfully,
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Tags: 14th Amendment, Anna Amelia Pratt, Article II, Emerich de Vattel, Gaskell Romney, George Romney, Illinois, Mexican Constitution, Mexico, Minor v. Happersett, natural born citizen, naturalization, Shanks v. Dupont, The Venus, U.S. Constitution, U.S. Nationality Act of 1940, U.S. Supreme Court, Willard Mitt Romney