April 12, 2014 Leave a comment
Which government’s nationality is sovereign over the native-born children of immigrants in America; -the one of their foreign father who is still subject to his own government, or the one of the nation of the State republic in which his children were born?
The new national government, facing a Europe with which it might find itself at war at any time being as it was still ruled by despots, chose to not recognize the children of foreigners as being American citizens nor American nationals. They were foreign nationals born of foreign nationals even though born in America. They were alien-born. A child could not have a nationality that was different from that of the father who produced him.
So the States had one citizenship recognition process while the central government had another, and it was in relationship to something beyond the purview of any State government; namely foreign relations, -along with the conduct of war.
Suppose that a European Prince & pregnant wife had a baby while visiting an American State which by law bestowed its citizenship to all born within its borders, (-without regard to whether or not they were immigrants or merely visitors). Suppose they all traveled back to their European kingdom where the young Prince would grow up. Suppose that he was murdered.
Would it be an issue involving the American government because it involved the murder of an American?
No, because he would not have been viewed as being an American by the American government even though he was a citizen of one of the States.
Suppose he was murdered by his American illegitimate half-brother? Would the nation of the deceased prince view the murder as merely one American killing another, or as an American killing one of their own subjects, -a royal one at that? The question hardly needs to be asked since the answer is so obvious.
His true nationality was determined by blood, not his birth place. They would not care if his half-brother killer was viewed in his home State or home nation as a fully recognized citizen or as a mere American national. “Citizenship” would not be even considered; only nationality. American? or not? It would not be couched as “U.S. CITIZEN, or not?”.
They would view the murderer as a national of The UNITED STATES of AMERICA, -without regard to which State republic he was born in and a member of.
Suppose the “American” half-brother had been born in Europe and not America; what would determine his nationality? Answer: Within marriage, the nationality of the head of the family; i.e., the boss and master of the house; the father.
Everyone in the family had one nationality and it was his. They were a single unit within the greater units of county, State and nation. His one vote was the vote of the family unit. A wife, per the wedding vow to obey her husband, yielded to the authority of her husband and his decisions, whether family decisions or political decisions, and she took his name and nationality.
But an out-of-wedlock half-American son might be seen as an American through his mother, -unless the foreign father acknowledged paternity.
The government of the Prince would not be required to recognize such a son as a citizen of the nation because he was illegitimate, perhaps might be a fraud, and perhaps might have been born anywhere, or at least not in his kingdom. Thus, in the founders’ era, the child would probably be stateless, -having no nationality whatsoever, -an international conundrum due to infidelity and illegitimacy.
There are four ways such a child could be deemed to be an American, but only one existed before the 1920’s. One would be if he had been born within one of the State republics that gave the gift of citizenship to those born within its borders, -with illegitimacy not addressed, pro nor con.
Another would be possible if the District of Columbia had a similar allowance thanks to the choice of Congress. But it did not recognize such a child as an American having dual citizenship because dual citizenship was not recognized.
It would have been different if born of a European Princess and an American man. Then he would be a freak because he would be a cross between an non-royal American father and a royal heir to a European throne. In such a case, the father might acknowledge paternity and thus provide U.S. citizenship to his bastard son.
But understand that the American laws for a long time did not acknowledge the situation of children without married parents, nor the situation of dual nationality within marriage.
A bride, though foreign, became an American by marrying an American, thus one single nationality for them and their children.
Now let’s move forward in time to when a foreign woman who married an American was viewed as retaining her foreign nationality. The nationality of the child was still determined by the American father from the viewpoint of the American government, regardless of how the government of the mother viewed their child.
The child, through a blood connection to the man who fathered it, was seen as an American by blood, and the law recognized such children as Americans. But what if the American parent was the mother?
That changed the situation significantly since by accepted policy, it inherited the nationality of the foreign father, and thus was not an American, -but in time, -with women’s rights and women’s suffrage being recognized by law and constitutional amendment, the nationality of the American mother was deemed to be passed to her child if born abroad via a foreign father. Her child was a statutory citizen by congressional statute.
What did such citizenship have to do with any of the States of the union? Nothing. It was purely federal, by federal statute. The laws of her State did not make her child an American via making it a citizen of her State because by then the State’s were out of that business following the federal government totally taking over the administration of immigration and naturalization.
That later switched to American volunteers who were forced to take on the chore after the federal government and the federal INS were stopped in their tracks when the Supreme Court ruled their take-over unconstitutional.
Then there was no entity left with any organization to take on the task other than volunteer organizations. But with massive immigration, they were overwhelmed and finally convinced Congress to act and make the job a federal chore by law, -not merely executive policy.
So a child of an American mother and foreign father could not be deemed to be American by a State statute since State governments were out of the naturalization business. Then such a child would not be a citizen of any State, but purely and solely a citizen of the nation as a whole via the federal government’s law; -a national citizen only (at least until the mother returned to live in one of the States).
Such a citizen would have to be labeled as a citizen of “The United States”, or “The UNITED STATES of AMERICA”. It could not be labeled a citizen of “the united States”, -or a citizen of a State republic because its “citizenship” was strictly federal until it became domiciled as an adult within an individual State.
Another way to become such a citizen would be via birth within the boundaries of federal land in the eras following that in which dual citizenship was not acknowledged. If born in D.C. or on federal land within a State, -or within no State, one also would not be a State citizen but a federal citizen only.
Men who work on such lands for Washington are not officers of “the united States”, because they do not work for any State, but are instead officers of “The United States”, -the entity and name of the national government.
As officers of the United States Government, they do not represent the authority nor interests of the States. They only represent the authority and laws of the national government, and it is quite separate and apart from those of the States.
Keeping the difference straight in one’s mind requires recognizing the difference between the use of the word “united” as an adjective and its use as a part of a title. A national title calls for the capitalization of the major words included in the title, while a word used as merely an adjective should not be capitalized even though it makes a label seem more weighty and authoritative.
Let’s look as the name of the nation that has the same initials as our own; the Union of South Africa. One must not fail to capitalize the word “union” because it is a part of the title of the nation, just as one must not fail to capitalize the word “united” when referring to the American nation.
“Union” is not an adjective but is a noun, whereas “united” is an adjective, and when used in reference to the union of the individual States, it need not be, and should not be capitalized, even though everyone does it out of a habit dating back to when most significant nouns were capitalized in formal writing, -as seen throughout the Constitution.
“The united States” is an unambiguous reference to a union of States, whereas if “united” is capitalized, one cannot tell what the reference is made to except by analyzing the context in which it is ambiguously used. In most cases it does not refer to “the general government” of the nation but the union of States.
[addendum: After posting this exposition, I was trying to find out if the Confederacy required an oath of allegiance for citizenship and came across a website seeking the revival of the Confederacy, and it contained this paragraph which shows that I was not the first to understand the difference that capitalization makes:
Remember, or learn if you didn't already know, our founding fathers created the Confederacy in 1778 when they created the Articles of Confederation under which they, with General George Washington, fought and won a war against the British Empire. The Constitution of 1789 was but a more complete contract of government between the various State republics which they began to call the States of America or the "united" States of America.]
So one can see that in the real and unambiguous world, there is a distinct difference between a citizen of “The United States of America” and a citizen of “the united States”, but that difference is so invisible, undetectable, unacknowledged, unimportant, and insignificant that it is completely meaningless, -except… in one very rare and unusual circumstance. That of seeking and obtaining the office of President of the United States.
The Constitution requires that only “a natural born citizen… shall be eligible to the office of the President;”.
So what sort of citizen is a natural born citizen? It is the sort that created each of the State republics and the union that they formed. It was the natural inhabitants or indigenous population of the American colonies and future sovereign States. It was the children of Americans, -people who had American-ness as their common background via their birth to Americans, -almost all of whom were also born in America.
They were all born as the natural citizens of their colonies and States. They were responsible for their common defense, administration of justice, and the operation of their government and civil societies.
They were citizens even while being subjects of the British Crown. They were born as citizens, and since their citizenship was not via a gift of the government that they created but via their blood connection to citizen parents, they were natural citizens. They were citizen-born natural Americans. Just what the Constitution required.
But those born of outsiders, -of foreign immigrants, were not the natural citizens of the colonies or States but were merely legal citizens, even though made legal from birth in some States.
That which is natural cannot, by definition, be made by government, and that which is made by government cannot, by definition, be natural.
It can only be man-made, including citizenship.
No man-made citizen of “The United States” is eligible to be President because they all acquired citizenship via American law which makes an allowance for those of foreign or mixed nationality & blood connection. Some U.S. government citizens are natural born citizens because they were born of citizens within federal territory.
But in the beginning, nearly all natural born citizens were only State citizens since they were born of State citizens and not born out in the western wilderness claimed by the Americans and ceded to the U.S. by the British after the Peace Treaty of Paris was signed.
In fact one could even assert that only federal “citizens” are truly “citizens” of “The United States” (-as apposed to being merely U.S. Nationals as State citizens could be considered) because all citizenship relationships are State relationships involving civic rights and duties, -with the lone exceptions of paying taxes and serving on federal juries. So in reality, State citizenship is/was the dog, and national “citizenship” is the tail. But guess which one wags which in everyone’s mind?
In another sense it would be accurate to state that we are all, in reality, simply Nationals of “The United States”, and not “citizens” since our rights and duties are still quintessentially State rights & duties, -with each individual being a citizen of one of the united States.
Even the duty of national defense can no longer be considered as a national “citizenship duty” because even non-citizens are obligated to serve when called, and sent to prison for refusing. That leaves only the century-old federal taxes on income, and federal jury service, and not many people ever even experience that. So in what sense are we truly “citizens” of the central government of the nation? Because we are forced to pay federal taxes?
Historically, Americans never had to pay a “tax” on wages and salary because the meaning of the word “income” did not include compensation for time one surrendered in a mutual exchange of labor for money. That was considered a barter and not an income. Income was earnings that one’s money or property earned. So as established, Americans never had any connection to the central government unless called to sit on a federal jury, -or working in interstate law, commerce, or the new central government.
Plenty has been illegitimately and unconstitutionally altered from the way our nation was founded, but the basic structure has not. We live our lives as local and State citizens, although convenient transportation makes changing one’s State very easy, yet the functions of government, for the most part, have not been ceded to the federal government, so we live and serve as citizens of our home towns, cities, counties, and States and do not serve as “citizens” of the national government, nor the aggregate nation as a whole. And, our governors have the authority to block our extradition to another state because we are not citizens of any State but one.
One can truly assert that we are still essentially nothing more than citizens of our State republic and merely nationals of our nation, yet our programmed thinking tells us just about the opposite.
To say that we are citizens of our nation is at least half as absurd as saying that we are nationals of our State since we have practically no national citizenship duty at all.
This truth is seen in the actual status of children, and, for over half of American history, women as well. No one considers babies and children (minors) to have any duties of citizenship. They are exactly what a National is, and definitely not what a citizen is. Citizens have CIVIC RIGHTS as well as duties. Children have neither, and neither did America women until they were given the right to vote, and the rights that accompanied it.
Foreign permanent-resident immigrants are treated as U.S. Nationals, -under the protection of the government, and bearing certain responsibilities toward the nation that they have joined. That is why they can be drafted into the U.S. military. They must answer the call of duty or suffer the consequence even though their natural allegiance and subjection is still to their foreign homeland, and yet American women are not subject to the call of duty even though they are citizens. They are not subject because they are not of the warrior class gender. They are the main protected class that is defended.
The history of Congressional ignorance regarding American citizenship is appalling. Many of the major and long-standing edicts of Congress have been over-turned by the Supreme Court because they failed to adhere to fundamental American principles of equality.
They passed laws treating naturalized citizens differently than natural citizens, and American women differently than American men. [That was eventually brought to a silent stop, but not completely when it comes to foreign birth involving a foreign parent.]
The most egregious violation was the total implementation of male-dominated citizenship determination.
It was one thing to deem an American husband’s foreign bride to now be an American too, but it was quite another to deem an American bride who married a foreign groom to have forfeited her American citizenship by having done so, (in reciprocity with the foreign nation of the husband).
That was the law of the land, passed by Congress, and signed by the President as the Naturalization Act of 1907. Any child born to such a mother was denied American citizenship up until long past its repealed in 1922 by the Cable Act.
So you can see, citizenship has been quite paradoxical throughout periods in American history as the roles of men and women became ever more equal. But through it all, the meaning of what is a natural born citizen has never changed, -except perhaps at the margins where very odd circumstances might be involved.
The birth and nationality of Barack Obama was not such a circumstance. He was not even in the same ballpark as natural born citizens. He was born subject (solely) to the British Nationality Act of 1948, as his own 2008 election website explained, with that Act applying to both Obama Sr. and all of his children.
Obama openly acknowledged that he was born as a subject of the British Commonwealth and as a future citizen of Kenya once it became an independent nation a few years later, and he has never claimed to be a natural born American citizen, calling himself only a native-born citizen. But he must have been ignorant of the Civil Rights Act of 1866.
It preceded the writing of the 14th Amendment by a few months, and its wording declares that those born in the United States, and not subject to any foreign power, are citizens of the United States [“United” should not be capitalized because it essentially refers to State citizenship for freed slaves. They were not foreigners, nor born of foreigners since the importation of slaves had been banned a half century earlier.]
So even if assumed to have been born in America, he would still be ineligible to be President because he was born subject to a foreign power, and was not a natural citizen of any State since he was born of an outsider.
So an alien father prevented him from being a natural born citizen, and the Civil Rights Act of 1866 bars him from even being a citizen at all since his mother was too young for her citizenship to legally be transmitted to her son by a statute that didn’t exist for another 75 years or so.
Some falsely assume that the 14th Amendment,-by its presumed lower standard only requiring that one be born subject to the jurisdiction of the United States, over-rode the Civil Rights Act of 1866, but in fact, the authors said just the opposite.
One, when asked, proclaimed emphatically that being subject to American jurisdiction meant being subject to no foreign power. So that meant that dual citizenship was not recognized, and one could not be subject to two separate nations, -just as freed slaves were not.
But to avoid that truth, they float the notion that children, (even babies!) are directly subject to national governments. In fact, people on both sides of the Obama eligibility issue assert that falsehood.
First, only adults are subject to governments. Second, in the Christian and patriarchal tradition, wives were always subject directly to their husbands, -not the government. And their children were directly subject to their mother and father, -not the government.
So their doctrine that any child born in America is automatically subject directly to the Federal government is insanely absurd. The family unit was a vertical hierarchy, -not a horizontal one having each element subject to Big Brother, -the hub. Only the head was subject. The relationship of the children to the government of the nation in which they lived was solely through their father. If he was subject, then one day they would also be. They inherited his subjection, (along with his citizenship) -and fully so if male.
If he was alien, then they were viewed as subject to the foreign power that he remained subject to since national borders do not terminate one’s national obligations. If one’s nation is attacked, one must heed the call of duty even if living abroad.
So, we have a President who is not only not constitutionally qualified to serve since he is not a natural born citizen of Hawaii nor of the federal government, but is disqualified from even being an American citizen since his father was not an immigrant subject to Washington, but merely a temporary foreign guest still subject to the government of Kenya. But might he be a naturalized American?
We have no way to know because all records related to him have either been “lost” removed & hidden, classified, closed to inspection, or destroyed. Nothing yet released by his or the Hawaiian government has been legitimate, but what has been released is an attempt to benefit from the ignorance of the American people who do not understand that it does not matter where he was born, -only to whom he was born; -an American father? Or an alien?
Regardless, he is an American National, but that does not make him an American CITIZEN.
He logically can be viewed as being an American, -just as can children brought illegally into the country at a young age, and then raised and schooled as Americans. But being the equivalent to an American National does not make one eligible to be the Commander-in-Chief of the United States Military.
So Barack Obama, being an alien-born child of a non-subject foreign student, is not a natural citizen of any State, -nor of any nation, and regardless of native-birth, all such persons are constitutionally barred from being the President of the United States.
So why is he President?
Because America has become a reflection of the O.J. Simpson jury.
by Adrien Nash April 2014 obama–nation.com