It was the fear of foreign influence invading the Office of
Commander in Chief of the military that prompted John Jay, our
first U.S. Supreme Court Chief Justice, to write to George
Washington the following letter dated July 25, 1787: “Permit
me to hint, whether it would be wise and seasonable to provide a
strong check to the admission of Foreigners into the
administration of our national Government; and to declare
expressly that the Commander in Chief of the American army shall
not be given to nor devolve on, any but a natural born Citizen
(underlying "born" in the original).
Jay’s recommendation did make it into the Constitution.
Article II, Sec. 1, cl. 5 of the Constitution provides in
pertinent part: “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.
. .” In this clause and in Articles I, III, and IV, the
Founding Fathers distinguished between "Citizen" and
"natural born Citizen." Per the Founders, while
Senators and Representatives can be just “citizens,” the
President must be a "natural born Citizen." Through
this clause, the Founders sought to guarantee that the ideals
for which they fought would be faithfully preserved for future
generations of Americans.
The Founders wanted to assure that the Office of President and
Commander in Chief of the Military, a non-collegial and unique
and powerful civil and military position, was free of all
foreign influence and that its holder has sole and absolute
allegiance, loyalty, and attachment to the U.S. The “natural
born Citizen” clause was the best way for them to assure this.
That the “natural born Citizen” clause is based on
undivided allegiance and loyalty can be seen from how the
Founders distinguished between "citizen" and
"natural born Citizen." This distinction is based on
the law of nations which became part of our national common law.
According to that law as explained by E. Vattel in, _The Law of
Nations_ (1758), Vol.1, Section 212, Des Citoyens et Naturels, a
"citizen" is a member of the civil society.
[Editors Note: the Law of Nations is specifically
referenced in the Constitution, Article 1 Section 8 Clause 10]
To become a "citizen" is to enter into society as a
member thereof. On the other hand, Vattel wrote that a native or
indigenes (written in French as /les naturels/ or /indigenes/)
or “natural born Citizen” as the term later became
translated from French into English, is a child born in the
country of two citizen parents who have already entered into and
become members of the society.
Vattel also tells us that it is the “natural born Citizen”
who will best preserve and perpetuate the society. This
definition of the two distinct terms has been adopted by many
United States Supreme Court decisions. (The Venus, 12 U.S. 253
(1814) and Minor v. Happersett, 88 U.S. 162 (1874) to cite just
two.)
With the presidential qualification question never being
involved, neither the 14th Amendment (which covers only
"citizens" who are permitted to gain membership in and
enter American society by either birth on U.S. soil or by
naturalization and being subject to the jurisdiction of the
United States), nor Congressional Acts (8 U.S.C. Sec. 1401), nor
any case law (e.g. U.S. v. Wong Kim Ark, 169 U.S. 649 (1898))
has ever changed the original common law definition of a
“natural born Citizen.”
This amendment and laws have all dealt with the sole question of
whether a particular person was going to be allowed to enter
into and be a member of American society and thereby be declared
a "citizen." The 14th Amendment did not involve
Article II, let alone define what a “natural born Citizen”
is. Never having been changed, the original constitutional
meaning of a "natural born Citizen" prevails today. We
can also see from these definitions that a “citizen” could
have more than one allegiance and loyalty (acquiring allegiance
from one’s foreign parents or from foreign soil) but a
“natural born Citizen” can have only one and that is to
America (soil and parents are all united in one nation).
The original definition of "natural born Citizen"
gives our Constitutional Republic the best chance of having a
President and Commander in Chief of the Military who has sole
and absolute allegiance, loyalty, and attachment to the United
States. By satisfying all conditions of this definition, all
other avenues of acquiring other foreign citizenships and
allegiances (jus soli or by the soil and jus sanguinis or by
descent) are cut off. Having all other means of acquiring other
foreign citizenships or allegiances cut off is unity of
citizenship which is what the President must have at the time of
birth. Additionally, by requiring the child’s parents to be
U.S. citizens best assures that those parents most likely will
have absorbed American customs and values which, in turn, they
will transmit to their child.
The “natural born Citizen” clause serves a critical
purpose today and must be enforced in every Presidential
election. The President has immense power, both civil and
military. The clause assures the American people that their
President does not have any conflicting allegiances or
loyalties. In our nuclear world, it will avoid having a
President who may hesitate to act quickly and decisively in a
moment of crisis due to some internal psychological conflict of
allegiance or loyalty. It will avoid any foreign nation
expecting and pressuring the President to act in their best
interest instead of that of America. The clause gives the
American people the best chance that they will not be attacked
from within through the Office of President. Knowing the
President is a “natural born Citizen,” the American people
will trust their President with their lives. Finally, such a
President can expect that the military will give him or her full
trust and obedience.
When President Obama was born in 1961, under the British
Nationality Act 1948, both his father and he were British
subjects/citizens. In 1963, they both became Kenyan citizens. In
fact, Mr. Obama’s father was never even a legal resident or
immigrant of America. Hence, regardless of where Mr. Obama was
born or that he may be a United States citizen under the 14th
Amendment, he is not an Article II “natural born Citizen”
and not eligible to be President. This ineligibility has
absolutely nothing to do with his race or class but all to do
with his being born with multiple citizenships and allegiances
and not satisfying the strict eligibility requirements of
Article II. If someone believes that today the “natural born
Citizen” clause no longer serves any useful purpose, then the
proper way to change or abandon it is by way of constitutional
amendment under Article V of the Constitution, not by
usurpation.
re-printed by permission of
Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg NJ 08831
Tel: 732-521-1900
Fax: 732-521-3906
Email: apuzzo [AT] erols.com
Blog: http://puzo1.blogspot.com/
