Sunday, March 6, 2011

Natural usurpation

The fact that enforcing the constitutional authority by impeachment lies with a majority vote in the house, where the majority created the event, requiring impeachment to correct by acting in violation of their oaths in the first place, is required to sustain a trial in the senate if grounds exist for a legal hearing is insurmountable without a legal action to remove all doubt that a prosecution under law in civil court would result in convictions with severe penalties. It is indisputable that the Supreme Court is evading it's duty as well regarding the one issue that would sustain a senate hearing, assessing what the intent of the phrase NBC means based on the primary source for it, John Jay's letter to George Washington, to replace "citizen" as a qualification for office as was first proposed.

John Jay's letter to George Washington;
“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.”

With regard to the intent, one must honestly seek to ascertain what a "strong check" means and what a "foreigner" means. To check is to test or stop, an act. To make it strong would mean to make it superior or effective. So to make a test of ones allegiance effective or superior to all who had not proved it by actually swearing it or fighting for Independence we must first accept that those tested had either not come of age to fight, were not yet born or would immigrate seeking citizenship in the future. It should be noted that the war was engaged by men, women and youth and in fact all who were of physical capacity and mental soundness to do so.

All unsworn inhabitants and immigrants from he war of independence forward were foreign to the new nation, thus foreigners is defined. wishing to become citizens fell to congress to make available a route to citizenship. See Constitution art 1 sec 8 ;To establish an uniform Rule of Naturalization, .

Knowing that congress would be made of many immigrants it would be easy for them to insert an immigrant or "foreigner" into that highest office if they were able to legislate it so. This is not a trivial matter and not so far fetched as to warrant attention as the founders went to great lengths to contemplate the avenues of which our new liberties might be usurped. Those discussions are captured in the federalist papers and they are considered as founding documents. Often in those documents there were cases proposed that were dismissed as being so highly unlikely to occur they did not warrant debate or concern however the check to foreigners entering the highest office indeed did as indicated by the wording of the qualifications adopted. There exists a congressional record of the discussions as well as a published dissertation by David Ramsay, an esteemed founder. A very important part of the Ramsay dissertation is in discerning what tacit consent is when minors flow into adulthood and choose their allegiances. Education following the path they choose is an indicator as much as residence.This is why citizens have an indisputable right to know our politicians education.

To make a check on their power was wise and fitting with the planned architecture throughout the constitutions designing process so we must accept that no citizen whose status could have been crafted by congress could be defined as a NBC.
By law, then as now, any person not a citizen is a foreigner. By law then and now any foreigner either lawfully here or not has a right by law to exit this nation with both his property and his offspring. Having that right extends to those offspring as well and so makes them free to apply for citizenship upon reaching the age of majority or lay claim to that which they were entitled to by birth, a foreign one.
The fourteenth amendment pertaining to citizenship; "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." A subject defined by Ramsay; is one under the power of another. No foreigner, or his property or offspring are subject to the United States. Subjugating children born on the soil under it's control would be the exact political principle the founders annulled through independence.
The operation of the strong check is not affected in any way by amendment 14 as this only removes the congressional power to legislate the status of those having no other birthright to citizenship anywhere else and those naturalized prior to the amendment but not having acquired the rights of citizenship due to chattel or indentured slavery. It does not and can not compel citizenship on those that are legally subject to the jurisdiction of a foreign body. That would not respect international law in all cases where holding dual citizenship would disown a person from his native country simply by birth on US soil if their nation forbade dual citizenship. That was true in 1968 as Indonesia did not allow dual citizens to retain their rights as citizens.
That said, dual citizenship confers foreign allegiance that must be respected. Therefore, a foreign allegiance is negated by defining only those born of two citizen parents as NBC. Thus, the operation of the fourteenth amendment does not interfere with the strong check as intended nor the definition or creation of a NBC.He who argues otherwise is motivated by other than an honest desire to interpret the intent of the founders and as a result by operation of the fourteenth amendment would then compel upon all born inhabitants a NBC status without respect for the rights of foreign nationals and their governments sovereign rights. We would then have asserted the powers of a king over his subjects. It is pointless to argue that is the case.

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