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April 23, 2013

Obama, Natural Citizenship, & National Adoption: Part 2

Americans can be divided into four different varieties, only three of which are acknowledged by the government, (though not publicly). They are: natural born citizens, native-born citizens, and naturalized citizens. The forth unacknowledged type is presumptive citizens, i.e., citizens by policy.

Natural born citizens are those born to American parents – citizens by nature, by blood connection, by political inheritance, by birthright, or by patrilineal descent.

Native born citizens are those born in a state or colony that granted its citizenship to the native-born children of its immigrants. There was a least one such state (Virginia, with its “sons of the soil” provision). On a national scale, that form of “naturalized-at-birth” citizenship was made part of the Constitution, being enshrined as the citizenship clause of the 14th Amendment. “All persons born in the United States, or naturalized, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

It provided American citizenship to sons of native-born and imported slaves and sons of immigrants, provided that their fathers were domiciled in the United States and therefore subject to the authority of the national government (as opposed to merely being short term or longer term visitors not possessing permanent residency permission). Obama’s father, being the latter, was subject solely to the political authority of the government of Britain, as was his son through his inherited political status and the British Nationality Act of 1948.

Naturalized citizens can be divided into various sub-groups such as the mass naturalized, the automatically naturalized children (derivative citizens) of individuals and parents who complete the naturalization process, and children born abroad to mixed-nationality parents (statutory citizens). After completion they are then considered members of the naturalized citizen group (by fact) as well as the natural citizen group (by fiction, a fiction of law).

In the legal philosophy by which naturalization exists, one who is natural-ized is regarded as having become natural. It is a fundamental fiction of citizenship law and can’t be altered by Congress. Those who have become new “natural” citizens are indistinguishable in the eyes of the government from those who were born being Americans by blood connection. As such, their citizenship, though bestowed, cannot be rescinded because it has become natural citizenship.

Even if they are terrorists, jihadists, or marathon bombers, if they are Americans, the government cannot nullify their citizenship except by proving that the oath of allegiance and renunciation was a false lying oath when it was taken, which would render their citizenship void – not rescinded.

Natural citizens are not granted their inborn nature by law or government. They are born as Americans, inheriting the American (political) nature, the American status and membership. Government can not rescind natural citizenship anymore than it can rescind one’s race or gender. The founders knew this since they were men quite aware of the principle of naturalization, knowing that not all “natural citizens” were made by nature because some were made by human action – as a fiction of law, similar to calling the son of an alien subject “a natural born subject” when he in fact was an alien born subject.

The founders faced several choices: The President could be nothing other than a natural American, born of American parents, making him a natural citizen of his liberated home colony, or, he could be either that or a foreigner who had become an American (and also reached 35 years of age, having lived 14 of them in America.)

They chose both. When the Constitution was being written, Alexander Hamilton advocated that the presidency be reserved solely for those born as citizens, excluding, by implication, naturalized citizens. In response to that suggestion made in an early draft, John Jay, future Chief Justice, strongly suggested in a letter to General Washington the additional factor of being a natural born citizen. He even underlined the word “born”, which made no sense to me and made me wonder if he inadvertently underlined the wrong word since “born” appeared to be redundant, being as all natural citizens are citizens by birth.

But I was missing the last piece of the puzzle, the final key to the riddle that had eluded me for three years, that being the fact that not all natural citizens are born citizens because some were once foreigners who were made into natural citizens via a fiction of law. So to prevent foreigners from being eligible to serve as President by becoming natural-ized, it was necessary to distinguish natural citizens by law and natural citizens by birth.

John Jay avoided that ambiguity by adding the additional requirement that the natural citizen candidate also be a citizen by birth, born a citizen by nature – not made a citizen by law.

Hence his emphasis on not just being a born citizen (“sons of the soil” were also born as citizens, though by law and not by nature); nor being solely a natural citizen (since some were “natural” by legal fiction and not by nature), but he must be one born being a natural citizen, not merely one “born a citizen”, nor one who became a “natural” citizen by a fiction of law, but one born being a true natural American, having American parents and not foreign parents. And so the solution was that the President be “a natural born citizen”.

If he had reversed the order of the words [a born natural citizen] they would have meant the same thing. Those not born as actual natural citizens were in fact alien-born “natural citizens”, and they were not to be trusted as the Commander-in-Chief after the Revolutionary War generation had passed.  So, not trusting future naturalized citizens who had not passed through the crucible of war and become patriotic, freedom-loving Americans, they excluded all naturalized citizens who became Americans after the Constitution was adopted.  After that pre-Constitution era of naturalized citizens had passed, only true natural citizens would be allowed.

So Obama not only was not born as a true natural citizen (nor even a born-citizen by the 14th Amendment), but neither he nor his father were “natural citizens” via the naturalization process. Nor did he inherit his mother’s nationality since that is possible by law only in situations of foreign birth. So he is not an American through his mother, through his father, through 14th Amendment native-birth, nor through naturalization. That only leaves the forth unacknowledged means of citizenship, and that is presumptive citizenship.

He is presumed to be a citizen based on a policy put in place in 1898 by Attorney General John Griggs whose job it was to interpret the implications of the Supreme Court ruling of that year regarding the case of one American-born son of Chinese immigrants, Wong Kim Ark.

Unfortunately for America, he interpreted it very wrongly, and that mistake may spell our doom. He incorrectly surmised that not only legal immigrants’ children were born with American citizenship due to the words of the 14th Amendment, but that any and all children born in America were thereby American citizens with the one lone exception of children of foreign ambassadors.

His misconception was a consequence of not understanding the meaning and history of what is involved in being subject to the full jurisdiction of a central government – who and what that involves. The result is that the United States is the sole nation on earth that thinks that by merely being domestically born, one is granted citizenship automatically by fundamental law.

But that is not the truth of the matter since neither the Amendment itself, not the Supreme Court opinion declaring native-born children of immigrants to be Americans, contains any such meaning nor mandate. So Obama is not legally a citizen by birth in Hawaii, but is merely a presumed citizen by erroneous executive branch policy, and not American law.

Now let’s concisely state the known facts.

Obama is not:

  1. A Natural Citizen having an American father and mother.

  2. A Born Citizen via birth to a legal immigrant mother and /or father covered by the 14th Amendment.

  3. A Naturalized Citizen via the naturalization process.

  4. A Derivative Citizen through naturalized parents.

  5. A Statutory Citizen via positive law covering children born abroad to married mixed-nationality parents.

  6. A Provisional Citizen dependent on living certain years in the U.S. due to birth abroad to an unwed mother and foreign father, or an American father who will not acknowledge paternity.

Obama’s citizenship is strictly presumptive in nature and could be nullified by an order of the Attorney General or the President and not violate the Supreme Court opinion of 1898, nor the 14th Amendment. Obama could, by his own constitutional authority, politically decapitate himself by declaring that all presumptive citizenship will no longer be recognized.

No other President in American history could have done that because they were all (with one secret exception) natural born citizens – citizens by nature, not by law, and especially not by presumption.

What will be done about the travesty of an ineligible person assuming the Presidency, twice? Nothing, and for two reasons: fear of being either harmed or ostracized, and ignorance. The latter can be corrected, but the former never will be unless sufficient numbers of citizens have their ignorance erased and replaced by the truth. The subtle treason of silence will continue until notable public voices push past fear and volunteer to awaken the sleeping masses to the travesty that took place under their noses, and even with their participation. So far, no such public figure has had the courage to come forward. Perhaps with the knowledge of the truth that is now available, they will find the inspiration and strength to do so. If they don’t, we surely and deservedly will go the way of morally and spiritually corrupted ancient Israel, or Imperial Rome as “the rule of Law and not men” is forsaken.

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