Defect – Imperfection, flaw, or deficiency.
That which is subject to a defect is missing a requisite element and, therefore, is not legally binding.
©2011 Hillarynme
Since the summer of 2008, Journolisters in the MSM, numerous members of Congress of both political parties, political pundits, so-called legal experts, and a cadre of other actors on every cable news network, have tried to focus our attention exclusively on one element the natural born citizenship need for POTUS.
Gotta give them credit, they have been a determined lot! The mantra has been consistent and unrelenting. “Obama was born in Hawaii,” they all shout, ergo he is a natural born citizen.
Nothing could be farther from the truth as those of us who have been studying the issue and educating ourselves can attest. If these “deniers” of the Constitution had their way, anyone who could crawl into this country by whatever means could be eligible to be POTUS!
Simply stated, so even an OBOT can understand, there are three elements that complete the natural born citizen requirement. Just like a three-legged stool requires three legs to stand upright, all three elements are needed for the legal requirement for natural born citizenship to be perfected.
What has this got to do
with Donald Trump’s children?
Natural born citizenship requires that the person be born on U.S. soil (or a U.S. territory) and that BOTH parents are U.S. citizens at the time of the birth. Natural born citizenship cannot be conferred or acquired at some later date.
Four of Donald Trump’s five children do not meet this requirement because their mothers were born citizens of other countries.
His daughter Tiffany, by Marla Maples, qualifies as a natural born citizen because both of her parents were U.S. citizens at the time of her birth.
What that means is Obama and four of Trump’s children share something in common. NONE of them can meet one of the key elements required to be a natural born citizen.
Obama’s Kenyan father automatically disqualified him for the presidency. Apparently believing that no one in our country could read or cared about the Constitution, Obama’s own website admitted that his citizenship was governed by the British Nationality Act of 1948.
Trump’s first wife Ivana, was born in Czechoslovakia, now the Czech Republic. Ivana did not become a naturalized citizen until 1988. Donald, Jr. was born December 31, 1977, Ivanka was born October 30, 1981, and Eric was born January 6, 1984.
The Donald’s fifth child with Melania is ineligible because his mother is a native of Slovenia. Barron Trump was born in April of 2006 and Melania’s naturalization as a U.S. citizen is unclear at this time.
[youtube]http://www.youtube.com/watch?v=C6qpkbIKJSA[/youtube]
You really are ignorant. All five of his children were born in the U.S.A. all five of them meet the NBC requirement. If you think otherwise you are either a complete moron or an utterly complete moron. Only the fathers citizenship matters when born on foreign soil.
Vattel's law of Nations was the Founding Fathers source for legal terms and definitions. It is the ONLY LEGAL Constitutional definition because that was the definition the architects of the Constitutions used and to use any other definition you must have a constitutional amendment. It states as follows. Pay close attention to the LAST sentence where parents heritage is explained. No "law" or US code enacted since legally changes that because there was not an 2/3 majority vote in both houses to make an amendment to the Constitution.
§ 212. Citizens and natives.
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.
There are actually 4 ways of becoming a U.S. Citizen. 1: birth on U.S. Soil; 2: birth in U.S. territories;3:birth outside the U.S. to parents who are both citizens;4: naturalization. All of Trump’s kids were born in the U.S. and are citizens. (See#1)
Only when born outside the U.S. or its territories is it required for both parents to be citizens.
In regards to President Obama, Hawaii was annexed by the U.S. In 1951. By laws passed by Congress, collective naturalization applies to any territory that is annexed, which also applies to Texas, making those people citizens. The President was born in Hawaii in 1961, therefore is a citizen by birth on US. soil
Read the 14th amendment and if you have a brain, reference 8 U.S. C.A. € 1401. et seq, (U.S. Code)
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By the definition you are using then John McCain would not have been eligible either. He was born in Panama to two US citizens–ergo he is a US sanguine-citizen, but it still counts as a natural citizen. I was born in Japan due to my father being in the military. I am a natural citizen–I can run for president if I so choose too because both my father and mother were US citizens. Obama was born in Hawaii–he is a Terra-citizen. Just because his father was not a US citizen does not make him not a citizen.
The statement is wrong. The clause is Born on US soil OR both parents must be US citizens. By the definition you are using then John McCain would not have been eligible either. He was born in Panama to two US citizens–ergo he is a US sanguine-citizen, but it still counts as a natural citizen. I was born in Japan due to my father being in the military. I am a natural citizen–I can run for president if I so choose too because both my father and mother were US citizens. Obama was born in Hawaii–he is a Terra-citizen. Just because his father was not a US citizen does not make him not a citizen.
The verb-age of "crawling across the boarder" is low and degrading, but if you're going to use it: it is more to define pregnant women who come to America, have babies, they get go to get deported yet the children are citizens and can't so the mothers have a reason to apply for asylum.
POTUS is for anyone with US parentage or was born on US soil. notice the OR.
LawStudent
I wonder, perhaps you are 1st year law, because your comment is vague in places where it should be specific. For example, which statement is wrong? Certainly not A2, S1, C5. The Founders specified natural born citizenship was an eligibility requirement for POTUS. Let me point out if John McCain were legitimately a NBC then there was no reason for the Senate to pass SR 511 DECLARING McCain a NBC. One doesn’t need a Senate resolution to affirm something they say they already are. If you really are a law student, I would look up Donofrio v Wells.
You say you were born in Japan. If it was on a U.S. base and BOTH of your parents were U.S. citizens at the time of your birth, you indeed are most likely a natural born citizen. Without complete documentation it is not possible to be sure.
Obama is definitely NOT a NBC. His British father (mother too young to confer her citizenship to her son) automatically disqualified him. His own website states emphatically that he was governed by the British Nationality Act of 1948. With the exception of our first 6 presidents who could not be NBC’s BUT GRANDFATHERED THEMSELVES IN, every president of our country has been born on U.S. soil AND OF TWO PARENTS WHO WERE U.S. CITIZENS.
Finally, the word you were searching for is verbiage, not verb-age, but either way you probably meant pejorative. The comment about “crawling across the border” was a metaphor for the lax, practically non-existent policies of the Obama administration was not meant to be unkind.
BTW, using the Sandstone criteria Thomas Jefferson could not be President. His mother was born in England. Maybe we can go back and revoke is Presidency.
This is absolute rubbish. There are not three criteria to be a natural born citizen. In this country there is one. If your are born on US soil you are a natural born citizen. There is nothing in the Constitution that says otherwise. There are several Supreme Court rulings going back 150 years that support one criteria. Try and get some facts before you go off on fringe fit.
OBOT
Clearly you have no idea what you are talking about.
Where to start. How ’bout here. The relevant clause is: 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.
The Founders who exempted themselves from the NBC clause because they obviously were born British subjects.
That means, (since it is apparent you need a road map) Washington, Adams, Jefferson, Madison, Monroe, and Adams were not natural born citizens, but they deemed it in the best interest of our country that all future POTUS would not suffer divided loyalties and would be NBC’s.
BTW, the Constitution mentions several types of citizenship. Native born citizenship is not natural born. A naturalized citizen is also not natural born citizen. BOTH PARENTS MUST BE CITIZENS AT THE TIME OF THE CHILD’S BIRTH. You may not like it, but that is the law.
According to your definition, anyone who crawls across the border would be eligible to be POTUS. Think about the ramifications of that ridiculously LOW standard of citizenship. Becoming president of the most powerful nation on earth is not a right open to anyone. It is a privilege CONSTITUTIONALLY RESERVED for those who parentage is rooted in America for at least one generation.
Then how is Cruz eligible?
Never mind. LawStudent gave that info 213 weeks ago.
Maggie
Thanks…I'm trying to get the word out.
Great article Sandstone. It's very clear and should be easy to understand. I've linked at my place.
Are the eligibility requirements for Vice President the same as the eligibility requirements for President?
Yes, they are exactly the same for the Vice President
Thanks Sandstone for the pingback! ConstitutionallySpeaking has now cross posted your article at Freepers. Only highlights though with link to the full article
Linda:
Thanks for cross posting with the FReepers. BTW, let me tell you how much I admire your work.