The U.S. Supreme Court Decision of Weedin v.Chin Bow, 274 U.S. 657 (1927) @ pages 661 - 666
http://supreme.justia.com/us/274/657/case.html uses as well as implies –
(re: McCulloch v. Maryland, 17 US 316 (1819)
http://supreme.justia.com/us/17/316/case.html - implied Constitutional language or intent is justifiable interpretation.)
-- that the FATHER (Paternal lineage) as that which confers a "NATURAL born citizen" status,
instead of a simple "born citizen" status as through a jus soli birth with maternal citizenship.
In the Oral Arguments of Nguyen v. INS 533 U.S. 53 (2001), Supreme Court Justice Ruth Bader-Ginsburg affirmed that the Constitutional Law regarding Citizenship and intent of the Constitution, which by the way trumps lesser amended Congressional interpretations and U.S. Code not having that weight, is that Natural Born Citizenship follows the Father from at least 1789 - 1934.
Justice Ginsburg: Mr. Kneedler, if Congress went back to the way it when was everything was determined by the father's citizenship, go back before 1934, suppose Congress accepts your argument or we accept your argument and say plenary power, they can do whatever they damn please, so they say children born abroad of fathers who are U.S. citizens can become U.S. citizens, but not children who are born abroad of U.S. citizen mothers where the father is an alien.
That's the way it used to be in the bad old days.
I take it from your argument if Congress wanted to go back to that, it would not offend anything in the U.S. Constitution to do so.The transcript and tape is available at:
http://www.oyez.org/cases/2000-2009/2000/2000_99_2071/argumentIn effect, that is where we are today regarding Ted Cruz. For some 145 years, natural born citizenship in the United States exclusively followed the Father. Cruz's father was Cuban until 2005.
Ted Cruz himself held a Canadian birthright citizenship to at minimum, this past summer, and for all we know has not yet formally renounced (although he said that he would eventually do so). That is clear and unmistakeable foreign influence upon the office of the Presidency, if he should aspire to that office. He would make a great governor of Texas, but he should never aspire to the Presidency or Vice-Presidency by any means.
Again, The Constitution clearly requires that
"No Person except a Natural Born Citizen…shall be eligible to the Office of President...."US Constitution: Article 2, section 1, Clause 5The Original Constitutional Intent of a Natural Born Citizen at the time and era it was written is defined in this: that a child is born to a US CITIZEN Father at the Time of Birth, on US Soil or exclusive US Sovereignty, (this includes those born upon a US Flagship on direct water passage in International Waters IF it is so done between soil of the United States to soil of the United States); and that the child has NO OTHER CITIZENSHIP(S) OR ALLEGIANCE(S) FROM BIRTH TO AGE 21.
The Founders utilized John Locke for this definition:
“This holds in all the laws a man is under, whether natural or civil. Is a man under the law of nature? What made him free of that law? what gave him a free disposing of his property, according to his own will, within the compass of that law? I answer, a state of maturity wherein he might be supposed capable to know that law, that so he might keep his actions within the bounds of it. When he has acquired that state, he is presumed to know how far that law is to be his guide, and how far he may make use of his freedom, and so comes to have it; till then, some body else must guide him, who is presumed to know how far the law allows a liberty. If such a state of reason, such an age of discretion made him free, the same shall make his son free too. Is a man under the law of England? What made him free of that law? that is, to have the liberty to dispose of his actions and possessions according to his own will, within the permission of that law? A capacity of knowing that law; which is supposed by that law, at the age of one and twenty years, and in some cases sooner. If this made the father free, it shall make the son free too. Till then we see the law allows the son to have no will, but he is to be guided by the will of his father or guardian, who is to understand for him. And if the father die, and fail to substitute a deputy in his trust; if he hath not provided a tutor, to govern his son, during his minority, during his want of understanding, the law takes care to do it; some other must govern him, and be a will to him, till he hath attained to a state of freedom, and his understanding be fit to take the government of his will. But after that, the father and son are equally free as much as tutor and pupil after nonage; equally subjects of the same law together, without any dominion left in the father over the life, liberty, or estate of his son, whether they be only in the state and under the law of nature, or under the positive laws of an established government.”John Locke, Second Treatise on Government, Chapter 6: ‘Of Paternal Power’ §. 59The idea is that the son NATURALLY follows the condition, the nationality and residence of his FATHER, and then at age 21, assumes an equal role in his father's Society. Obama's father was Kenyan. Cruz's father was Cuban. Where it regards the U.S. Presidency, neither LEGALLY make the cut...neither of them. And it is only by cunning and trickery, and massive conspiratorial corruption, was Obama able to have an entire major party machine drown out and roll over his opponents, who had Hillary Clinton, or McCain and Palin or Romney and Ryan challenged in Court, having legal standing, would have easily disqualified Obama from running for or serving the office he now illegally holds.
I cover quite a bit regarding this in regard to Obama at the JTF Forum posting at
http://jtf.org/forum/index.php/topic,65872.0.htmlUnder Original Intent and interpretation of the 14th Amendment, both Obama AND Cruz fail to qualify even as a 14th Amendment Citizen without a US Citizen Father and by having foreign dual or multi-national citizenship at birth. This is important, as the 14th Amendment Citizen Standing is a basic requirement upon the Natural Born Citizen standing (except for children of United States Ambassadors serving out their office).
The Congressional Globe, 1st session, May 30, 1866
The debate on the first section of the 14th Amendment
http://memory.loc.gov/ammem/amlaw/lwcglink.html#anchor38Senator Jacob Howard (R-Michigan) authored a "subject to the jurisdiction" clause into the 14th Amendment. Upon his introduction, the ff. are his remarks.
Part 4 (column 2), page 2890
Mr. Howard: The first amendment is to section one, declaring "that all persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside...This is simply declaratory of what I regard as the law of the land already, that every person born within the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.
Senator Trumbull of Illinois, chairman of the Senate Judiciary Committee concurred:
Part 4 (columns 1-2), page 2893
Mr. Trumbull: The provision is, "that all persons born in the United States, and subject to the jurisdiction thereof, are citizens." That means "subject to the complete jurisdiction thereof"... What do we mean by "subject to the jurisdiction of the United States"? Not owing alliance to anybody else. That is what it means.
...It cannot be said of any...who owes allegiance, partial allegiance if you please, to some other Government that he is "subject to the jurisdiction of the United States."
...It is only those persons who completely within our jurisdiction, who are subject to our laws, that we think of making citizens; and there can be no objection to the proposition that such persons should be citizens."
Part 4 (columns 2-3), page 2895
Mr. Howard: I concur entirely with the honorable Senator from Illinois, in holding that the word "jurisdiction" as here employed, ought to be construed so as to imply a full and complete jurisdiction on the part of the United States...that is to say, the same jurisdiction in extent and quality as applies to every citizen of the United States now.46 years earlier to this debate, Congress held the same sentiment.
Rep. A. Smyth (VA), House of Representatives, in December 1820 stated:
"When we apply the term “citizens” to the inhabitants of States, it means those who are members of the political community. The civil law determined the condition of the son by that of the father. A man whose father was not a citizen was allowed to be a perpetual inhabitant, but not a citizen, unless citizenship was conferred on him."
And even in between those times, a reliable legal reference of the day clearly states:
"...the term ‘natural born citizen’ is used and excludes all persons owing allegiance by birth to foreign states.”The New Englander and Yale Law Review, Volume 3 (1845), p. 414http://books.google.com/books?id=gGNJAAAAMAAJ&pg=PA414&dq=Vattel+%2B%22natural+born+citizen%22&as_brr=4&cd=5#v=onepage&q=Vattel%20%20%22natural%20born%20citizen%22&f=falseSo now is the legal dilemma. How can we support a man with dual nationalities at birth, and not just birth, but past the age of 21, and call them United States Natural Born Citizens? We legally can't. We have to subvert or wink away at the Constitution, the Supreme Law of the Land, and promote lawlessness and corruption. To do so, it seems to me, is something that falls back to the passage between the prophet Samuel and King Saul, dealing with what stubbornness and rebellion are against the Instruction given us. As people wanting to please HASHEM, we must have fair and even balances. There are times when drastic times call for drastic measures, but that should used very sparingly and eyed to a restoration rather than creating some alien thing.
We must remember that:
“[T]HE INESTIMABLE HERITAGE OF CITIZENSHIP IS NOT TO BE CONCEDED TO THOSE WHO SEEK
TO AVAIL THEMSELVES OF IT UNDER PRESSURE OF A PARTICULAR EXIGENCY....”
CHIN BAK KAN V. UNITED STATES, 186 U.S. 193 (1902) @ 200
We do not need a Presidential candidate or President so badly, that we have to go outside the pool of two citizen parents at their birth on US Soil for a President, regardless of the candidate's ethnicity. The DNC yielded to a known unqualified candidate as a means of desperation, as if the pressure of exigency to get their Party the Presidency in 2008, and discarded the sacred trust of what G-D and the People of the United States gave them. Regarding me, not anybody else, but just me: I fear HASHEM enough to say that I do not wish to knowingly violate that sacred trust, even if it is under a perceived exigency. What other peoples thoughts or motivations are in supporting Cruz, I cannot speak to, but only the outward appearance and their works and fruits thereof. I also admonish that we must find another candidate, a legal candidate, one who is a United States Natural Born Citizen who loves Israel and loves HASHEM, and who will not just say the right things, but DO them as well.