Tuesday, December 16, 2014

Shock Audio: Anti-Birther Erick Erickson 
Goes Birther; Misrepresents Article II Eligibility

Erick Erickson was sitting in today for Herman Cain and said something that will, plausibly, land him in hot water with some circles in DC. He said Ted Cruz is plausibly not eligible to be President. More context below audio...

"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."
- U.S. Supreme Court, Minor v. Happersett

( Audio via WSB-Radio )

Birther Report reader: Whatever you do... do NOT call the Herman Cain show when Erick Erickson is filling in for him and bring up this subject. I called today to give my assessment of the Republican field for 2016 and mentioned this subject in passing. It wasn't even the point of the call. I just mentioned it as my assessment of why Cruz, Rubio, and Jindal would get hammered by the left wing media and ultimately not win the primary. because of the controversy. It was in that context that I brought it up. He stopped me dead in my tracks before I could clarify, hung up on me, and then he became completely unhinged and went on this REALLY bizarre nonsensical rant about Ed Meese, children not being responsible for their parents crimes, the Supreme Court this-that-and-the-other, he's an attorney blah, blah blah, being born here means you are natural born etc etc... Like I said it was just completely bizarre and factually inaccurate. Then he accused me of not mentioning Scott Walker which was the whole reason that I called in the &#$% first place. I think he may be the best possible choice right now. [...] Full comment.



Article II Facts

1. Constitutional Convention -

  • Alexander Hamilton – “Born a Citizen”
  • John Jay – “Natural Born Citizen”

2. The Fourteenth Amendment to the United States Constitution Adopted 9 July 1868 -

3. Rep. John Bingham, Principal Framer of the Fourteenth Amendment of the U.S. Constitution -

4. Supreme Court Cases that Cite “Natural Born Citizen” as One Born on U.S. Soil to Citizen Parents -

  • Venus, 12 U.S. 8 Cranch 253 253 (1814)
  • Shanks v DuPont, 28 U.S. 3 Pet. 242 242 (1830)
  • Dred Scott v Sandford, 60 U.S. 393 (1857)
  • Minor v Happersett, 88 U.S. 162 (1875)
  • United States v Wong Kim Ark, 169 U.S. 649 (1898)
  • Perkins v. Elg, 307 U.S. 325 (1939)

5. Attempts to Redefine or Amend Article II “Natural Born Citizen” Clause of the United States Constitution -

6. Citizenship Status of the Presidents of the United States and Their Eligibility Under Article II, Section 1, Clause 5 -

7. Thirteen Presidential/Vice Presidential “Eligibility” Bills Introduced in State General Assembly’s between 2009 & 2011 -

[...] Continued here.