DOES A BIRTH TO “IMMIGRANT PARENTS” PRECLUDE “NATURAL BORN” CITIZENSHIP?
by Sharon Rondeau
(Jul. 2, 2019) — Shortly after the opening of Tuesday night’s “Tucker Carlson Tonight” broadcasting from the North/South Korea border where President Trump visited on Sunday, Carlson’s producer showed a montage of mainstream-media personalities who accused Donald Trump Jr. of “racism” after he retweeted a remark last week claiming that presidential candidate Kamala Harris is not the descendant of American blacks.
Carlson interviewed Trump while he was in Japan for the G20 summit, from which he traveled to the Korean DMZ on Sunday. There he shook hands with North Korean dictator Kim Jong-Un and stepped into North Korea with the intent of restarting stalled discussions on the denuclearization of the communist North.
On his Tuesday show Carlson accused the Democrat Party of sowing “division” among the electorate by injecting the accusation of “racism” into the dialogue about Harris while the montage’s commentators accused Trump Jr. and others of “birtherism.”
As The Post & Email reported on Saturday, the term “birtherism” again arose after the conversation about Harris’s background began to take shape on Twitter following last Thursday night’s debate during which Harris claimed she was the “second class” to benefit from busing aimed at integrating America’s urban schools.
Harris did not recount that when she was seven, her parents divorced and several years later, she, her sister and mother relocated to Westmount, Montreal, Quebec, Canada, where she remained through high-school graduation.
The “birther” pejorative was coined by the mainstream media after many Americans questioned Barack Hussein Obama’s constitutional eligibility given the myriad of credible reports stating that he was born outside of the U.S. and not in Hawaii, as he claims.
Many in the media blamed Donald Trump for the rise of “birtherism” in early 2011 after he publicly questioned why the White House had not released Obama’s “long-form,” or more detailed, birth certificate listing his parents’ birthplaces and occupations, the doctor’s name and signature, and other details not found on the “short-form” image posted at Obama’s 2008 campaign website.
In an apparent response, on April 27, 2011, the White House released what it said was a PDF of a certified copy of Obama’s “long-form” birth record. Within hours, however, it was declared problematic, and a subsequent 5+-year criminal investigation conducted by a volunteer arm of the Maricopa County Sheriff’s Office (MCSO) into the image declared it a “computer-generated forgery.”
Investigators additionally found Obama’s purported Selective Service registration form to be fraudulent and the short-form birth certificate image to be questionable.
Due to the media’s refusal to investigate the findings, many Americans remain uninformed that the only proffered documentation of a sitting president was deemed inauthentic beyond the standard of probable cause.
In addition to the reported forgeries, lead investigator Mike Zullo has said that it is “an open secret” in Washington, DC that Barack Obama was not born in the United States.
At approximately 8:08 p.m. EDT, Carlson introduced his first guest, Rob Smith of Turning Point USA. In his commenatary, Smith, who is black, said that those claiming Harris has no connection to former slaves or their descendants are correct. He then reported that Harris was born in Oakland, CA to “immigrant parents.”
The fact that Harris’s parents were not U.S. citizens at the time of her birth is the foundation of the questions surrounding her constitutional eligibility to serve as president. Article II, Section 1, clause 5 of the U.S. Constitution requires that the president and commander-in-chief be a “natural born Citizen,” which, although not defined therein, involved a consideration of the citizenship status of a presidential candidate’s parents based on the opinions issued in four historical U.S. Supreme Court cases.
In 1872, Rep. John Bingham, considered the author of the 14th Amendment, described a “natural born Citizen” as one who was born in the U.S. and whose parents were naturalized at the time of his birth, a statement recorded in The Congressional Globe.
A letter from the future first U.S. Supreme Court chief justice, John Jay, to George Washington, who would nominate him, during the Constitutional Convention reads, in part:
Permit me to hint, whether it would not be wise & seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government, and to declare expressly that the Command in chief of the american army shall not be given to, nor devolved on, any but a natural born Citizen.
In Federalist #68, Alexander Hamilton wrote that “the desire in foreign powers to gain an improper ascendant in our councils” should be avoided.
In 1916, Democrat and President Woodrow Wilson’s third assistant secretary of state during his second term, Breckinridge Long, questioned whether or not Charles Evans Hughes was a “natural born Citizen” as a result of his birth in the United States to British-citizen parents. Of Wilson’s Republican opponent, Long wrote, in part:
He was born in this country and is beyond question “native born.” But is there not a distinction between “native born” and “natural born”? At the time he was born his father and mother were subjects of England. His father had not then been naturalized. The day after Mr. Hughes was born his father had a right, as an English subject, to go to the British consul, at New York, and to present his wife and infant and to claim any assistance he might need from the consul as the representative of the English government…
The Constitution of the United States puts a particular qualification upon those who shall become President and Vice-President. For all other offices it requires that they be “citizens of the United States,” but for the Presidency and Vice-Presidency it requires that they be “Natural Born citizens.” The word “natural” means “of the nature of”; “naturally a part of”; “by the laws of nature an integral part of” a system. Following that line of thought, a “natural born” citizen would be one who was naturally, at his birth, a member of the political society; naturally, a part of the political system into which he was born; by the laws of nature a citizen of the society into which he was born. It would mean, further, that no other government had any claim upon him; that his sole allegiance was to the government into which he had been born and that that government was solely, at the time, responsible for his protection. “Native born” does not mean quite the same thing. He might be born in a country under conditions similar to the conditions under which Mr. Hughes was born, and subsequently become a citizen of that Country. In that case, after he became a citizen, he would be a “native born” citizen, but he would not have been a “natural born” citizen. From the instant of his birth this government would not be solely responsible for his protection.
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 natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot 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 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; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.
As was reported Sunday by legal scholar Joseph DeMaio, in May a majority of the U.S. Supreme Court termed de Vattel the “foremost expert on the law of nations.”
Correction, July 3, 2019, 6:47 a.m.: This article originally reported that Breckinridge Long was Wilson’s secretary of state when in fact, he was Wilson’s third assistant secretary of state during Wilson’s second presidential term.