Tuesday, February 15, 2011

*The Citizenship Status of Our 44 Presidents*
By: Mario Apuzzo, Esq.
February 14, 2011


A famous Holmesian dictum provides that "a page of history is worth a volume of logic." New York Trust Co. v. Eisner, 256 U.S. 345, 349 (1921) (Holmes, J.). There have been 43 Americans that have served as President (not including Barack Obama). Ten were born before 1787. Until Martin Van Buren (who was born in 1782 or six years after the signing of the Declaration of Independence) became President in 1837 (making him the 8th president), all the Presidents had been born before 1776 to parents who, undoubtedly, at the time considered themselves to be loyal subjects of one of the British Kings. The president following Van Buren, William H. Harrison (the 9th president), was also born before 1776 to parents who were British “natural born subjects.” All Presidents born before July 4, 1776, were born British “natural born subjects.” Those early presidents were naturalized to become “Citizens of the United States” through the Declaration of Independence and by adhering to the American Revolution. These presidents included Washington, Adams, Jefferson, Madison, Monroe, Adams, Jackson, and Harrison. Article II, Section 1, Clause 5, allowing anyone who was a “Citizen of the United States” at the time of the adoption of the Constitution to be eligible to be President, grandfathered these presidents to be eligible. All presidents born after 1787, except for Chester Arthur and Barack Obama, met the “natural born Citizen” criteria, i.e., born on U.S. soil to a mother and father who were themselves U.S. citizens at the time of the President’s birth. Neither Arthur nor Obama were “natural born Citizens” at the time of birth. Arthur was born to an alien father who also made his U.S. citizen mother an alien. Obama was born to a non-U.S. citizen father who never became a U.S. citizen and, being here only on a temporary student visa, was never even an immigrant. There have been 46 Americans that have served as Vice-President (not including Mr. Biden). Ten were born before 1787. All Vice-Presidents born after 1787, except for Chester Arthur, met the “natural born Citizen” criteria. Fourteen Vice Presidents have gone on to be President.

Let us now examine how President James Buchanan, who had an Irish father, Woodrow Wilson, who had an English mother, and Herbert Hoover, who had a Canadian mother, were “natural born Citizens.” As we have seen, President Thomas Jefferson, whose mother was born in England, and Andrew Jackson, whose parents were both born in Ireland, were grandfathered to be eligible to be President. Chester Arthur, not being either grandfathered or a “natural born Citizen,” will be treated separately.

When determining whether a child born in the U.S. is an Article II “natural born Citizen,” the question is not whether the parents of the child are foreign born. Rather, the question is whether they are “citizens of the United States” at the time of the child’s birth in the United States. In Minor v. Happersett, 88 U.S. 162, 167-68 (1875), our U.S. Supreme Court, providing the same definition of a “natural born citizen” as did Emer de Vattel in his The Law of Nations, Section 212 (1758), but without citing Vattel, and not in any way referring to the English common law, stated:

"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."

Id., 169 U.S. at 679-80. So as we can see, the Supreme Court told us that a “natural born citizen” is a child born in the country to citizen parents. See also, U.S. v. Wong Kim Ark, 169 U.S. 649, 708 (1898) (distinguished between a “natural born Citizen” and a “citizen of the United States” and cited Vattel and quoted his definition of “natural born Citizen” as did Minor v. Happersett but relied on the English common law to define a born “citizen of the United States” under the 14th Amendment).

The status of being “citizens of the United States” can be acquired by the parents by either being “natural born Citizens” or by becoming “citizens of the United States” by naturalization under an Act of Congress or treaty or if born in the U.S. under the 14th Amendment. The case of Perkins v Elg 307 U. S. 325 (1939) makes the point and shows how a child born in the U.S. to naturalized parents was declared a “natural born Citizen.” The central question in the Perkins case dealt with whether the Elg child lost her U.S. birth citizenship status because of the acts of her parents and not because of anything she elected to do or some treaty or Act of Congress. But the case is also important in understanding the meaning of a “natural born Citizen.”

Under out naturalization laws, citizenship can be derived from a close relation to a family member. Historically, a number of U.S. laws have provided for the automatic naturalization of children or wives (not husbands) of naturalized U.S. citizens. In some periods of our history, these laws provided that married women derived citizenship from their husband and had no control over their status. Under the Act of 10 February 1855, a woman automatically became an American upon marrying a U.S. citizen or following the naturalization of her foreign husband. Kelly v. Owen, 74 U.S. 7 Wall. 496 (1868). The 1922 Married Women's Act (or the Cable Act) finally severed the link between naturalization and marital status for most women.

Marie Elg's parents emigrated from Sweden to the U.S. in 1906. In that same year, Mr. Elg naturalized and became a U.S. citizen. Under the then existing naturalization laws (Act of 10 February 1855), his wife automatically became a U.S. citizen through the U.S. naturalization of her husband. Hence, when Marie Elg was born in the U.S. in 1907 both her mother and father were U.S. citizens. Marie Elg was therefore a child born in the United States to U.S. citizen parents. The Court found that “[o]n her birth in New York, the plaintiff became a citizen of the United States. Civil Rights Act of 1866, 14 Stat. 27; Fourteenth Amendment, § 1; United States v. Wong Kim Ark, 169 U. S. 649.” Additionally, the lower court found Elg to be a “natural born Citizen.” The U.S. Supreme Court affirmed this finding. The Court therefore gave a child born to naturalized “citizens of the United States” the right to run for President. The U.S. Supreme Court in Elg therefore once again affirmed the American common law definition of a “natural born Citizen” which is a child born in the country to citizen parents, a definition that was confirmed during the Founding by Emer de Vattel in his The Law of Nations, Section 212 (1758). On the other hand, no U.S. Supreme Court decision has found a child born to one or two alien parents to be an Article II “natural born Citizen.”

So as we can see, a “natural born Citizen” can be produced by being born in the U.S. to naturalized parents who are “citizens of the United States.” Also, under our old naturalization laws, once a woman married a U.S. citizen, she herself automatically became a U.S. citizen derivatively from her husband. These laws apply to show that three of the six Presidents listed were “natural born Citizens.” Jefferson was not a “natural born Citizen” but, adhering to the revolution, was a “citizen of the United States.” Under Article II, Section 1, Clause 5, he was grandfathered to be eligible to be President. Jackson, also became a “citizen of the United States” by adhering to the revolution and also grandfathered to be eligible to be President. Buchanan’s father naturalized to become a “citizen of the United States” prior to his son’s birth. Wilson’s mother became a “citizen of the United States” when she married her husband who was a “citizen of the United States.” Hoover’s mother became a “citizen of the United States” when she married her husband who was a “citizen of the United States. So except for Jefferson and Jackson who were grandfathered, all these presidents were born in the U.S. to parents who were at the time of their birth “citizens of the United States.” They were all “natural born Citizens.”

The only exception to all this is Chester Arthur. Chester Arthur (1881-1885), was born on October 5, 1829 in Fairfield, Vermont. His father, William Arthur, when eighteen years of age, emigrated from Co. Antrim, Ireland. His father did not become a naturalized U.S. citizen until 14 years after Chester Arthur’s birth. Chester Arthur’s mother, Malvina Stone, was born April 29, 1802 in Berkshire, Franklin, Vermont. Hence, Chester Arthur was born to a father who was not a U.S. citizen at the time of his birth. Because the citizenship of the wife merged into that of the husband, this made Arthur born to an alien mother and father. He was therefore born with dual citizenship of the United Kingdom and the United States. It is believed that Chester Arthur lied numerous times about his past to hide the fact that when he was born his father was not a U.S. citizen and to therefore obfuscate his ineligibility to hold Vice-Presidential and Presidential office. What is most telling is that Chester Arthur also burned all personal records just prior to his death. Chester Arthur was challenged during his Vice Presidential bid on the ground that he was not born in the United States. No one challenged Chester Arthur on the ground that even if he were born in the United States, he was still not an Article II “natural born Citizen” because of his father’s foreign citizenship at the time of his birth which also made his mother an alien. Hence, the Chester Arthur example is not and cannot be treated as any precedent since the nation was not aware of the truth about his father’s and mother’s non-U.S. citizenship status at the time of his birth. Gregory J. Dehler, Chester Alan Arthur: The Life of a Gilded Age Politician and President, Published by Nova Science Publishers, Incorporated, 2006, ISBN 1600210791, 9781600210792, 192 pages; http://naturalborncitizen.wordpress.com/2008/12/06/urgent-historical-breakthrough-proof-chester-arthur-concealed-he-was-a-british-subject-at-birth/. Also see the research done by attorney Leo Donofrio on the Chester Arthur issue which can be found at http://naturalborncitizen.wordpress.com/2008/12/06/urgent-historical-breakthrough-proof-chester-arthur-concealed-he-was-a-british-subject-at-birth.

For information and research on the meaning of an Article II “natural born Citizen,” please see the many essays at this blog, http://puzo1.blogspot.com/.

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg, NJ 08831
Tel: 732-521-1900
Fax: 732-521-3906
http://puzo1.blogspot.com/
© 2011 Mario Apuzzo, Esq.
All Rights Reserved
#### -Source. 

P.S.  A copy of this report may be downloaded at SCRIBD.com at this link:
http://www.scribd.com/doc/48894388/The-Citizenship-Status-of-Our-44-Presidents 

For information and research on the meaning of an Article II “natural born Citizen,” please see the many essays at this blog, http://puzo1.blogspot.com/.

Commander Charles Kerchner: List of U.S. Presidents - Eligibility under Article II Grandfather Clause (GFC) or Natural Born Citizen (NBC) Clause or Seated due to Election Fraud -Details here. 

Visit the Birther Vault for the long list of evidence against Hawaii officials and all of the people questioning Obama's eligibility; [http://obamareleaseyourrecords.blogspot.com/2010/08/video-ltc-terry-lakins-attorney-on-cnn.html].


Irrefutable Proof That Obama Is Not Eligible To Be President Of The United States - DETAILS HERE.



List of U.S. Presidents - Eligibility under Grandfather Clause (GFC) or Natural Born Citizen (NBC) or Seate...
Irrefutable Proof that Obama is Not Eligible to be President of the United States, the Facts Don't Lie!
Obama Ineligible - I tried and lied but it won't go away! Wash Times Natl Wkly 2010-11-29 pg 5





2006: Obama In Kenya: I Am So Proud To Come Back Home - VIDEO HERE. 

2007: Michelle Obama Declares Obama Is Kenyan And America Is Mean - VIDEO HERE. 

2008: Michelle Obama Declares Barack Obama's Home Country Is Kenya - VIDEO HERE. 

FLASHBACK: Obama Is The Original Birther! Obama In 1991 Stated In His Own Bio He Was Born In Kenya. DETAILS HERE. 




WATCH SHERIFF OBAMA INVESTIGATION PRESS CONFERENCE HERE: CLICK HERE.

-ARTICLE II ELIGIBILITY FACTS HERE: http://www.art2superpac.com/issues.html

New Ad - AZ Sheriff Arpaio - Obama Birth Cert & Draft Reg Card Are Forged! Wash Times Natl Wkly - 12 Ma...

11 comments:

  1. BORN A BRIT NOT LEGIT !!!

    ReplyDelete
  2. You won't ever hear that so called Historian Glenn Beck ever give a history lesson on this one LOL

    ReplyDelete
  3. Please, we're tired, at least I am, of hearing about more evidence or rehashing old news proving we don't have a President. Announce or formulate a plan of action. And, again, please don't tell us to write, fax, or call our representatives, we don't have any. At least lets be honest about the situation. We're all alone.

    ReplyDelete
  4. I don't completely agree with the third anonymous responder, but I think there is much to be said about moving on from the geeksville constitutional debate: that keeps the discussion in a nice, academic bubble, which is where Obama wants it - where it can't hurt him.

    We need to take this to the street. I agree, we need to start formulating a plan of action. if you click on my name, you can go to number 7 in a series of pro-birther animated shorts I'm creating to hit this from another angle and style.

    We're not alone, however. A majority of Americans have doubts about Obama's citizenship. Where I come from that's called a winning percentage. We need to start spreading the word: we are not fringe, we ARE America! No joke.

    ReplyDelete
  5. Rainbow Glitter Bear 7: Debating a Liberal About Obama's Birth Certificate and Winning

    http://www.youtube.com/watch?v=kx53U4cPg5g

    ReplyDelete
  6. that was great stuff alright.... the drum beats louder and louder.....

    ReplyDelete
  7. Don't agree with the overall politics of the small portion of this book that I read but here's a little gem!

    "Rights of citizens and persons under the Fourteenth amendment"
    By Chin-Yung Yen

    "By the treaty of April 11,1899, Porto Rico and the Philippines were ceded to the United States by Spain, ceasing to be Spanish territory under the Spanish flag. They are now foreign countries in the eye of the Spanish law; subject to the sovereignty and jurisdiction of the United States alone. According to the law of the United States, they are not foreign but domestic territories.1 Such is the status in International Law of Porto Rico and the Philippines. NOW LET US SEE HOW MANY CLASSES OF NATIVES THERE ARE IN THESE TWO TERRITORIES. THE TERM "NATIVES" EXCLUDES THE ALIENS AND APPLIES ONLY TO THOSE NATIVE-BORN PERSONS WHOSE PARENTS ARE CITIZENS THEREOF." (Emphasis Mine)

    In 1899 the term "native-born citizen" and "natural-born citizen" as you can see were synonymous understandings meaning persons born of citizen parents! My studies of the 1868 senate debates surrounding the 14th Amendment also reinforces this to be their usage of the term and understanding of it's application!

    ReplyDelete
  8. http://www.kerchner.com/protectourliberty/protectourliberty.htm

    What U.S. President in History Has Multiple Sources in a Foreign Country Saying He Was Born There?
    http://www.scribd.com/doc/53259902/What-U-S-President-in-History-Has-Multiple-Sources-in-a-Foreign-Country-Saying-He-Was-Born-There

    ReplyDelete
  9. Recall Governor Jan Brewer of AZ


    http://www.ipetitions.com/petition/recalljanbrewer/



    Dear Legislators, when you consider all that The United States of America if facing , don't you think we need to see the US President's Proof to Hold the Top Leadership role of the FREE World , thats Under threat ???

    Once you read the following links you will want to see the last link and Demand that kind of Proof be Released to the US Public , and also ask Did The Governor see this Exact form too ???

    To clear up a lot of confusion, below is an image of EXACTLY the document that Obama needs to produce. This is the birth certificate of Susan Nordyke, one of a set of twins who were born at the Kapiolani Hospital in Honolulu on August 5, 1961. Obama CLAIMS to have been born on August 6th. Therefore, this certificate form is EXACTLY THE SAME as what would have been generated for Obama.
    http://barnhardt.biz/blogimages/NordykeBirthCertificate.jpg

    And why is this going on ???
    Hawaii-official-and-ex-official-lie-to-cover-their-tracks on Obama Birth Certificate
    Where are the upholders of Truth and justice in Our Courtrooms of America ??? We the people need Judges that Uphold the Constitutional Law and order of FREEDOM !!!

    http://www.thepostemail.com/2011/04/10/hawaii-official-and-ex-official-lie-to-cover-their-tracks/


    We the people need to Know we have a Legitimate Leader in the Office of the Presidency with whats Going on below .....

    Obama's Agenda: Overwhelm the System

    and goes with his Plans perfectly ....
    http://www.snopes.com/politics/soapbox/overwhelm.asp


    THE GLOBALISTS’ TAKEOVER OF AMERICA: Part 3 – WEAKEN MILITARY & CIVILIAN DEFENSE

    Posted: 18 Apr 2011 10:03 AM PDT

    NoisyRoom
    By: AJ
    http://noisyroom.net/blog/2011/04/18/the-globalists%E2%80%99-takeover-of-america-part-3-%E2%80%93-weaken-military-civilian-defense/

    President Obama placed our soldiers under UN NATO control for his war in Libya without consulting the United States Congress. Using our soldiers and our military assets according to what the “international community” global elites decide is clearly what Obama is interested in doing.

    read more at the Link above ........

    ReplyDelete
  10. Are you going to change anything on the site now, or leave it as it stands?

    ReplyDelete

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