Thursday, October 8, 2015


Montana v. Kennedy 366 U.S. 308 (1961) and 
Similarities to Ted Cruz’s Foreign Birth Status
CDR Charles Kerchner (Ret)

See this U.S. Citizenship case and decision of the 1961 U.S. Supreme Court, Montana v Kennedy (1961), re the importance of the citizenship of the father when a child is born in a foreign country with only the mother being a U.S. Citizen re Ted Cruz’s presidential eligibility status (Ted Cruz was born in Canada to a foreign national father):

http://caselaw.findlaw.com/us-supreme-court/366/308.html
or
https://supreme.justia.com/cases/federal/us/366/308/case.html

While this case does not go directly to the issue of “natural born Citizenship”, which is required per the presidential eligibility clause in our U.S. Constitution as to who can be President and CinC, as it only addresses basic “Citizenship” gained by statutory man-made laws, it is still interesting to know about in regards to prior Supreme Court decisions re children born overseas to a foreign national father.  Under the naturalization powers of the U.S. Congress they can make, liberalize, or later take away paths to basic statutory Citizenship gained by a man-made law/statute.  Subsequent U.S. statutes made gaining basic U.S. Citizenship less stringent. And Congress has in the last several decades since 1961 continually done that over the years. And they plan to continue to do so.  For example, many now in Congress wish to allow the illegal immigrants to gain U.S. Citizenship.  But such statutory laws can never make and take away “natural born Citizenship” gained from Natural Law and the Laws of Nature, which is a person born in the USA to parents who are both U.S. Citizens when their child is born. Although the political parties via Congress have quietly tried to legislate and redefine natural law citizenship, they have failed every time. All attempts at such by liberal Democrats and liberal Republicans (RINOs) died in committee.  Congress and the political parties cannot change the Laws of Nature.  See the various attempts listed in section five at: http://www.art2superpac.com/issues.html

So what do the constitutionally subversive major political parties resort to and do now … just make a joint pact in 2008 to ignore words in the Constitution with the help of the enabling major media.

Back to Ted Cruz and the Montana v Kennedy (1961) Supreme Court decision.  If Ted Cruz would have been born before this 1961 Supreme Court ruling with a non-Citizen father, as Ted Cruz was, Ted would not even have been a Citizen of the United States, let alone a “natural born Citizen” to constitutional standards.  Under revised later more generous man-made laws of Congress Ted did get basic U.S. Citizenship at birth from his mother.  However, even though he inherited basic statutory U.S. Citizenship from his mother at birth, Ted also inherited Cuban of Canadian citizenship from his father, based on his father’s exact status then, since his father up until the time of Ted’s birth in Canada, they were still living in Canada and Ted’s father was not a U.S. Citizen, nor was he even close in time to applying for it.

Fast forward to now and we see Ted after deciding to run for President decided to renounce he Canadian citizenship.  But I’ve heard no word as whether he renounced any Cuban citizenship he may have had from birth gained via his father.  Did Ted’s father renounce his Cuban citizenship in Canada?  No one knows?  But legal renunciations of any of one’s dual-Citizenship parts after one’s birth does NOT in any way change the conditions of your exact Citizenship status at birth. Ted was born a dual/multiple Citizen of more than one country. Ted was not a “natural born Citizen” when he was born, i.e., with sole allegiance to only one country!  And that is what the founders and framers of our Constitution intended and understood.  Future President had to have sole allegiance and unity of citizenship in one and only one country at birth – the United States. The founders and framers did NOT wish that any future President would have “foreign influence” or allegiance claims on them by or at birth.  For national security reasons, they wanted the future Commanders in Chief to have sole allegiance to only the USA.  Obama, a self proclaimed Citizen of the World and with an unknown unproven birth narrative to 100% certainty and using various forged key ID documents, is a classic example of why they put that requirement in there. Obama does not meet the test.  The political parties decided to ignore that part of the eligibility test in 2008.  Now they are at it again. [...] Continued @ CDR Kerchner.


Speaking of the Supreme Court. They evaded another Obama Article II ineligibility petition presented to them.


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