The definition of “natural born” originates from John Armor Bingham, a Republican congressman and abolitionist from Ohio and principal framer of the Fourteenth Amendment to the Constitution.
In 1862 and 1866, respectively, Bingham stated on the floor of the House of Representative:
“All from other lands, who by the terms of [congressional] laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens.”
“Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”
No Representative took issue with these words. The underlying issues within those Congressional debates were hotly contested. Yet Bingham’s definition of “natural born citizen” (born in the US of citizen parents) was never challenged on the floor of the House.
CFP
On August 28, 2008, Representative Nancy Pelosi, then Chair of the Democratic National Convention signed an official Certification of Nomination verifying that Barack Obama
was legally qualified to serve as President of the United States under the provisions of the United States Constitution.
I would like to know what Constitutional criteria were used by Rep. Pelosi to make that determination and what evidence she provided to support her contention.
The issue of Barack Obama’s eligibility must be resolved now before the 2012 election. It is incumbent on those, who authorize his place on the ballot to cite the legal bases for making such a claim.
Let me begin by asserting that the Certification of Live Birth, which mysteriously appeared without verification by the State of Hawaii and may be a forgery, or newspaper clippings, are not adequate proof of eligibility.
Article II, Section 1 of the Constitution states:
“No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.”
Traditionally, “natural born” refers to ancestry describing a child born in the United States (or areas such as US military bases), whose parents are US citizens at the time of birth.
I hasten to add, however, that nowhere in the Constitution or in its Amendments is the term “natural born” defined.
Nevertheless, there is a legal paper trail supporting that description. Much of what I write below is taken from a superb report by Leo Donofrio found here (link).
The definition of “natural born” originates from John Armor Bingham, a Republican congressman and abolitionist from Ohio and principal framer of the Fourteenth Amendment to the Constitution.
In 1862 and 1866, respectively, Bingham stated on the floor of the House of Representative:
“All from other lands, who by the terms of [congressional] laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens.”
“Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.”
No Representative took issue with these words. The underlying issues within those Congressional debates were hotly contested. Yet Bingham’s definition of “natural born citizen” (born in the US of citizen parents) was never challenged on the floor of the House.
In the concurring opinion in Duncan v. Louisiana, 391 U.S. 145 (1968), United States Supreme Court Associate Justice Hugo Black, emphasized his reliance on the statements made by Representative Bingham and Senator Howard in Congress which pertain to the drafting and adoption of the Fourteenth Amendment. Justice Black stated that “it is far wiser to rely on” the words of Bingham and Howard when analyzing the 14th Amendment. The relevant passage is as follows:
“Professor Fairman’s “history” relies very heavily on what was not said in the state legislatures that passed on the Fourteenth Amendment. Instead of relying on this kind of negative pregnant, my legislative experience has convinced me that it is far wiser to rely on what was said, and, most importantly, said by the men who actually sponsored the Amendment in the Congress. I know from my years in the United States Senate that it is to men like Congressman Bingham, who steered the Amendment through the House, and Senator Howard, who introduced it in the Senate, that members of Congress look when they seek the real meaning of what is being offered. And they vote for or against a bill based on what the sponsors of that bill and those who oppose it tell them it means.”
As best as I can ascertain from the Constitution and its history, Barack Obama is not eligible to be President of the United States.
That is my argument, Rep. Pelosi. Please tell us yours?
If one follows Bingham’s words, what’s the problem here? Do we analyze word for word what is revered in the Constitution? Is it similar to “I did not have sex with that woman.” (Gee, I wonder what they had….guess I had better look up some generic explanations for sex).
It is worth noting that the language in the U.S. Constitution makes no sense if, as many argue, “natural born citizen” means nothing more than “born on U.S. soil.” I have changed the “grandfather clause” to all upper-case letters to illustrate the point:
“No person except a natural born citizen, OR A CITIZEN OF THE UNITED STATES, AT THE TIME OF THE ADOPTION OF THIS CONSTITUTION, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.”
When the Constitution was ratified in 1789, no one in the nation had parents who were U.S. citizens at the time of their birth. That would have been impossible, of course, because the United States did not yet exist until 1789. Based on the proper definition of natural born citizen, there was no such person as a natural born U.S. citizen EXCEPT for those born after the ratification of the Constitution. Thus, it would be 35 years after 1789 before ANYONE could legally serve as president.
Accordingly, the framers HAD TO INCLUDE the “grandfather clause” language so that men like George Washington could serve as president. (Clearly his parents were not U.S. citizens when he was born; nor were the parents of Thomas Jefferson, John Adams, etc.)
If the term “natural born citizen” means nothing more than “born on U.S. soil,” the grandfather clause SERVES NO PURPOSE and the requirement would instead have simply be written as follows:
“No person except a natural born citizen shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.”
The above explanation should be committed to memory and used against anyone who ridicules “birthers” or who insists that “born in the USA” is sufficient. Unless James Madison was an idiot and included 16 words that were totally unnecessary, the Constitution itself is all that is required to prove that Barack Hussein Obama Soetoro Obama (“BHOSO”) is ineligble to serve as President of the United States.
That’s step one, remove him from office.
Step two, file a $700 million class action lawsuit on behalf of everyone who was defrauded when they donated to his 2008 campaign.
Step three, file a RICO lawsuit for his fraud-related criminal activities.
Step four, file federal charges for his use of another person’s Social Security Number.
Step five, deport him to Indonesia, where he is likely still a citizen.
Step six, enjoy the images of Michelle Obama throwing a hissy-fit as she is forced out of the White House.
Read all this and more in THE OBAMA TIMELINE, parts I and II. Over 2,500 pages and more than 19,000 references. http://www.colony14.net
This my friends is a must read by Don Frederick author of a number of books, THE OBAMA TIME LINE among them. He nailed this one. Thanks Don.