Monday, May 18, 2015

Natural: U.S. Supreme Court Chief Justice; No 
Word Was Unnecessarily Used, Or Needlessly Added
CDR Charles Kerchner (Ret)

Reporters Need to Ask the Correct Question – Gov Jindal Born a Citizen of India – 
Also a Born U.S. Citizen – But Gov. Bobby Jindal is NOT a “natural born Citizen” of the U.S. 
Adjectives Mean Something. He is NOT Constitutionally Eligible to be President or Vice President.

I had originally posted about Jindal’s ineligibility to be President or VP in this blog 22 May 2011.  Re-posted here with some updates.

Reporters need to ask people mentioned as Presidential and Vice-Presidential candidates the right question. Not are you a “Citizen” but per the presidential eligibility clause in Article II of our U.S. Constitution, are you a “natural born Citizen” of the United States.

Gov. Bobby Jindal of Louisiana was born a Citizen of India via his Citizens of India father and mother.  They had only recently arrived in the USA when Bobby was born.  By being born in the USA he is a “born Citizen” of the U.S. at birth. But Gov. Bobby Jindal is definitely NOT a “natural born Citizen” at birth of the United States. Adjectives mean something. His parents were not U.S. Citizens when he was born in the USA and thus Gov. Bobby Jindal can never be a natural born Citizen at birth. He was NOT born with sole allegiance to the USA. He was born with dual-citizenship and dual-allegiances, India and U.S.  He is NOT constitutionally eligible to be President or Vice President or Commander in Chief of our military.

One cannot ignore a word or term in our U.S. Constitution.

Every word in it was chosen carefully and put there for a reason.

As U.S. Supreme Court Chief Justice Roger B. Taney wrote in Holmes v. Jennison, 39 U.S. 540 (1840):

“In expounding the Constitution of the United States, every word must have its due force, and appropriate meaning; for it is evident from the whole instrument, that no word was unnecessarily used, or needlessly added. The many discussions which have taken place upon the construction of the constitution, have proved the correctness of this proposition; and shown the high talent, the caution, and the foresight of the illustrious men who framed it. Every word appears to have been weighed with the utmost deliberation, and its force and effect to have been fully understood.”

Thus reporters should not be asking if Gov Bobby Jindal is a Citizen.  Instead they should be asking if he is a “natural born Citizen” —  to constitutional standards.  The adjective “natural” before the words “born Citizen” means something very specific.   It means created by nature or natural law, not by positive, man-made laws such as Title 8 Section 1401, amendments, or treaties.  Man-made laws cannot create a “natural born Citizen“. Only the laws of nature and the facts at the time of the persons birth can create a natural born Citizen. The word “natural” points to the laws of nature and were your parents both U.S. citizens when you were born.  It takes two U.S. citizens to procreate a natural born Citizen born in this country.  A “natural born Citizen” is a person born in the country to parents who are both Citizens of the country.

Gov. Bobby Jindal is a good, conservative Governor for the State of Louisiana. Unfortunately, similar to U.S. Senator Marco Rubio and U.S. Senator Ted Cruz, Gov. Jindal cannot be classified as a natural-born Citizen, and thus he also is not constitutionally eligible to run for President and Commander in Chief of our military.  And per the last line of the 12th Amendment to our U.S. Constitution,  he is not eligible to run for Vice President either.  I know this is a sad thought for conservatives like myself, but if we wish to protect and uphold the Constitution, we must uphold our Constitution and look to history and original intent and understanding of the words and terms used for an explanation.

Gov. Bobby Jindal was born in Louisiana, as his recently released birth certificate attests (below). However, at the time of his birth, both of his parents were very recent immigrants to the US from India.  His mother was three months pregnant when she arrived in Louisiana. Thus, Jindal is simply a “born citizen“, not a constitutional Article II Section 1 “natural born Citizen” of the United States.  Gov Bobby Jindal is a dual-Citizen, dual-allegiances person by birth gaining citizenship in India via his non-U.S. Citizen parents and gaining basic U.S. Citizen at Birth status via being born in the USA to people legally allowed to be here. The good news is that if Bobby Jindal’s wife was a citizen when their children were born in the US, then their children will have attained the status of natural born citizenship, which means they can one day run for President. Natural born Citizen is a legal term of art from Natural Law and the Laws of Nature and the Law of Nations. Natural born Citizens are the children of Citizens with said children born in the USA of two U.S. Citizens (who themselves both were either born Citizens or naturalized citizens at the time of birth of their child). Gov Bobby Jindal can serve as a terrific Governor of Louisiana,  or a U.S. Senator from Louisiana, but he is not constitutionally eligible for the office of President and Commander of the Military, or the office of Vice President.

Read this article for more information on the subject of Gov Jindal’s exact citizenship status:

CDR Charles Kerchner, P.E. (Retired)
Lehigh Valley PA USA