tag:blogger.com,1999:blog-3776665703590564248.post8320920516881773043..comments2024-03-27T01:57:19.605-04:00Comments on Return To Excellence: The Issue That Really CountsReturnToExcellence.nethttp://www.blogger.com/profile/18149859814999976879noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-3776665703590564248.post-81305311445535955312012-07-02T16:01:15.144-04:002012-07-02T16:01:15.144-04:00With Florida’s ruling, announced today, there have...With Florida’s ruling, announced today, there have now been five state courts and one federal court that have ruled specifically on Obama that the meaning of Natural Born Citizen comes from the common law and refers to the place of birth and that all children born in the USA are Natural Born Citizens except for the children of foreign diplomats. In addition, there was one case about McCain, Hollister v. McCain, that ruled the same way. All of these rulings are based on the Wong Kim Ark US Supreme Court case.<br /><br /> Here is the Florida ruling:<br /><br /> http://judicial.clerk.leon.fl.us/image_orders.asp?caseid=58101756&jiscaseid=&defseq=&chargeseq=&dktid=20039029&dktsource=CRTVAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-3776665703590564248.post-81332703703153915152012-07-01T12:09:16.686-04:002012-07-01T12:09:16.686-04:00The meaning of Natural Born Citizen used in AMERIC...The meaning of Natural Born Citizen used in AMERICA at the time that the US Constitution was written in Philadelphia referred to citizenship due to the place of birth. ONLY the place of birth. Not the parents. Only the place of birth.<br /><br />“Under the longstanding English common-law principle of jus soli, persons born within the territory of the sovereign (other than children of enemy aliens or foreign diplomats) are citizens from birth. Thus, those persons born within the United States are “natural born citizens” and eligible to be President. Much less certain, however, is whether children born abroad of United States citizens are “natural born citizens” eligible to serve as President …”—- Edwin Meese, et al, THE HERITAGE GUIDE TO THE CONSTITUTION (2005) [Edwin Meese was Ronald Reagan’s attorney general, and the Heritage Foundation is a well-known Conservative organization.]<br /><br />“What is a natural born citizen? Clearly, someone born within the United States or one of its territories is a natural born citizen.” (Senate Judiciary Committee hearing on OCTOBER 5, 2004)–Senator Orrin G. Hatch (R-UT).<br /><br />Here is an example of how the term Natural Born Citizen was used at around the time that the Constitution went into effect, in 1803:<br /><br />“Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it. The first, by their birth-right, became entitled to all the privileges of citizens; the second, were entitled to none, but such as were held out and given by the laws of the respective states prior to their emigration. …St. George Tucker, BLACKSTONE’S COMMENTARIES: WITH NOTES OF REFERENCE TO THE CONSTITUTION AND LAWS OF THE FEDERAL GOVERNMENT OF THE UNITED STATES AND THE COMMONWEALTH OF VIRGINIA. (1803)<br /><br />As you can see, there is no mention of parents. Natural Born Citizens were “those born within a state.” And here is how it was used in 1829:<br /><br />“Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.”—William Rawle, A VIEW OF THE CONSTITUTION OF THE UNITED STATES OF AMERICA. 2d ed. (1829)<br /><br />That’s just a few of the opinions, which stem from the key US Supreme Court ruling, Wong Kim Ark, which ruled that EVERY child born in the USA, except for the children of foreign diplomats, is Natural Born.<br /><br />And there have been LOTS of lower-court rulings, all stemming from the Wong Kim Ark ruling, which have stated that the US-born children of foreigners are Natural Born Citizens, due to their natural birth, birth in America.<br /><br />Mustata v. US Dept. of Justice, 179 F.3d 1017 (6th Cir. 1999) (children born in US to two Romanian citizens described as “natural born citizens” of the US):<br /><br />“Petitioners Marian and Lenuta Mustata are citizens of Romania. At the time of their petition, they resided in Michigan with their two minor children, who are natural born citizens of the United States.”<br /><br />Diaz-Salazar v. INS, 700 F.2d 1156 (7th Cir. 1983) (child born in US to Mexican citizen is “natural born citizen” of US):<br /><br />“Petitioner, Sebastian Diaz-Salazar, entered the United States illegally [from Mexico] in 1974 and has been living and working in Chicago since that time. *** The relevant facts which have been placed before the INS, BIA, and this court can be summarized as follows: The petitioner has a wife and two children under the age of three in Chicago; the children are natural-born citizens of the United States.”Anonymousnoreply@blogger.com