Bringing the Constitution Into the 21st Century

250_BHOtearing_-_WTPAs the media continues to desecrate the legal standing of those who’s only wish is to have a Constitutionally qualified President, I feel I must address this 1 more time so there is no misunderstanding of my research. Especially for my new readers.

When looking into the original intent of the framers of the 18th century, we must remember that women did not have the rights of men. A woman’s citizenship followed that of her father until the day she married. At that time, her citizenship was automatically transferred to that of her husband, thus the reason for the wording in the following statements of the framers:

Historical Fact #1: On July 25, 1787, John Jay, the 1st Chief Justice of the Supreme Court under the new Republic and also the President of the Continental Congress, wrote to George Washington the following:

“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.”

Historical Fact #3:  Additionally, in 1800, Charles Pinckney ( Continental Congress (1777-78 and 1784-87) and S.C. state legislature (1779-80, 1786-89, and 1792-96) said the presidential eligibility clause was designed “to insure…attachment to the country”:

“What better way to insure attachment to the country than to require the President to have his American citizenship through his American Father and not through a foreign father. Any child can be born anywhere in the country and be removed by their father to be raised in his native country. The risks would be for the child to return later in life to reside in this country bringing with him foreign influences and intrigues.”

Historical Fact #4: Further research brings us to St. George Tucker (Fourteenth and Fifteenth Congresses (March 4, 1815-March 3, 1819); chairman, Committee on District of Columbia (Fourteenth Congress), Committee on Expenditures on Public Buildings (Fifteenth Congress); author of Tucker’s Commentaries and of a treatise on natural law and on the formation of the Constitution of the United States and State senate, 1819-1823; chancellor of the fourth judicial district of Virginia 1824-1831):

The Provision in the Constitution which requires that the President shall be a “natural born” citizen, unless he were a citizen of the United States when the Constitution was adopted, is a happy means of security against foreign influence, which, wherever it is capable of being exerted, is to be dreaded more than the plague. The admission of foreigners into our councils, consequently, cannot be too much guarded against; their total exclusion from a station to which foreign nations have been accustomed to, attach ideas of sovereign power, sacredness of character, and hereditary right, is a measure of the most consummate policy and wisdom.

The title of king, prince, emperor, or czar, without the smallest addition to his powers, would render him a member of a fraternity of the crowned heads: their common cause has more than once threatened the desolation of Europe. To have added a member to this sacred family in America, would have invited and perpetuated among us all the evils of Pandora’s Box.

Under the laws of the time, this would have meant that, as long as the father was a US citizen, then both parents were US citizens, thus the child was subject to no other jurisdictions and had no allegiance to any foreign nations.

Now fast forward to the 20th century when the laws were changed and women were given individual citizen status:

On 22 September 1922, Congress passed the Married Women’s Act, also known as the Cable Act. Now the citizenship status of a woman and a man were separate. This law gave each woman her own citizenship status. This act was partially drawn in response to issues regarding women’s citizenship that occurred after women were given the right to vote. From this date, no marriage to an alien has taken citizenship from any U.S.-born woman. Females who had lost their citizenship status via marriage to an alien could initiate their own naturalization proceedings.

1936
This act effected U.S. citizen women whose marriage to an alien between the acts of 1907 and 1922 had caused them to lose their citizenship status. These women, if the marriage to the alien had ended in death or divorce, could regain their citizenship by filing an application with the local naturalization court and taking an oath of allegiance. Those women still married to their husband were not covered under the act and these individuals would have to go through the complete naturalization process.

1940
In 1940, Congress allowed all women who lost their citizenship status between 1907 and 1922 to repatriate by filling an application with the local naturalization court and taking an oath. The complete naturalization process was no longer necessary for any woman whose marriage between 1907 and 1922 caused her to lose her citizenship status.

Thus any child born to parents with different citizenship, was born holding dual citizenship and it is recorded in Congressional records that the US did not recognize dual citizenship for the purposes of Article II, Section I, Clause V.

When we look further into the study of the 14th Amendment’s drafting, we find a ruling from US Attorney General, George Williams (1865 to 1871 Williams served as United States Senator from Oregon. In 1871 he was a member of the commission to settle the Alabama claims from the Treaty of Washington. December 14, 1871-1875; Attorney General of the United States). George was a US Senator at the time of the drafting of the 14th Amendment:

“The word “jurisdiction” under the 14th Amendment “must be understood to mean absolute and complete jurisdiction, such as the United States had over its citizens before the adoption of this amendment. “Political and military rights and duties” do not pertain to anyone else.”

Essentially, what this means is that in order to be a “citizen” under the 14th Amendment, one must renounce any other allegiances so that their US citizenship is solely under the “jurisdiction” of the United States. In fact, controversy at the time due to dual allegiances was so great that Congress, in a joint congressional report on June 22, 1874 said:

                “The United States have not recognized double allegiance”

Rep. Bingham commenting on Sec. 1992 said during debate on the difference between ‘natural born” and ‘born” citizenships under the 14th Amendment:

                “It means every human being born within the jurisdiction of the United States of “parents” [emphasis plural] not owing allegiance to any foreign sovereignty is, in the language of our Constitution itself, a “natural born” citizen.”

 The term “natural born citizen” is only located in ONE place in the Constitution: Article II, Section I, Clause V:

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.

Now, make note of the phrase ” at the time of the adoption of this Constitution“. The framers grandfathered themselves in and limited the time that the grandfather clause could be used so that as soon as the next generation came of age, there would no longer be an option for someone with a foreign parent or foreign birth to hold the highest political office of our country.

It does not take a law degree nor even degree in history to figure this out. They used to teach it in grammar school, but unfortunately, American history has become passe’.

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All the above information can be found at the Library of Congress online and also at the Federalist Blog dot US

I sincerely hopes this helps to dispel all the myths floating around, especially when they come from our elected officials whom should know better and thus the reason I will not be voting for any of them to return to DC anytime soon. I’m thinking a change to Article 1 and congressional term limits are in order. How about you?

Also, please feel free to leave a comment if you have further inquiries as to citizenship and how it pertains to Article I or Article II and I will get back to you as quick as I can.

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