Brett Baier Wrong on Eligibility

Network host makes ‘common error’ about ‘natural born citizenship’
by Bob Unruh  wnd,com

Attorney Herb Titus, who has taught constitutional law for nearly 30 years and was the founding dean of the College of Law and Government at Regent University in Virginia Beach, Va., is offering a correction to Fox News anchor Bret Baier’s explanation of “natural born citizen.”

The issue arose this week when Baier posted online his explanation of “natural born citizen” and said that the issue is resolved by federal law. He pointed to 8 U.S. Code, Section 1401, contending all that is required is for the mother to be an American citizen who has lived in the U.S. for five years or more, at least two of these years after the age of 14.

The question arose in the context of concerns he was observing regarding the eligibility of Florida Sen. Marco Rubio, who was born before his parents were citizens of the U.S.

Baier asserted that people born in the U.S., born outside the U.S. to parents who are both citizens or born outside the U.S. to one parent who is a U.S. citizen are “all natural born U.S. citizens.”

Titus’ takes Baier to task.

“Bret Baier commits a common error,” he wrote in the response posted online at the Article 2 Superpac. “He assumes that ‘natural born citizen’ means the same thing as ‘citizen by birth.’ They are not the same. A citizen by birth is one who by constitutional or statutory provision is made or recognized as a citizen based upon where or to whom they were born.”

He continued, “Under Mr. Baier’s view, a natural born citizen, then, is a citizen of a particular nation only by positive law. If a natural born citizen is defined by statute, as Mr. Baier claims they are, then by statute Congress can take away their natural born citizenship status, subject only to the 14th Amendment’s definition of citizenship by birth. And even that citizenship can be taken away by an amendment to the Constitution. Indeed, according to Mr. Baier, no one could have been eligible to be elected president UNLESS Congress passed a statute designating one’s citizenship by birth, or until the 14th amendment definition of citizenship by birth was ratified.”

The issue has been in the news since Barack Obama campaigned for president in 2008. Questions about his eligibility have yet to be resolved, as he’s continued to conceal many personal documents.

The birth documentation from Hawaii that Obama released from the White House last year has been described as a probable forgery by the investigators of Sheriff Joe Arpaio’s Cold Case Posse.

And if it’s not fraudulent, there are critics who say it proves his ineligibility, as it lists Barack Obama Sr. as the father, who never was a U.S. citizen.

Titus argues the father’s citizenship is important.

“A natural born citizen, by contrast, is not dependent upon Congress passing a statute or the constitution being amended. A natural born citizen is a citizen of a specific nation by the law of nature of citizenship. The law of nature of national citizenship is written into the very nature of the universe of nation-states, and is universal as to place, uniform as to person, and fixed as to time. By definition the law governing natural born citizenship exists independent of any human power, legislative or otherwise. That is why ‘natural born citizenship’ is not defined in the Constitution. Such citizenship exists whether recognized by positive law or not. Such citizenship is God-given. To qualify one must be born to a father and a mother each of whom is a citizen of a particular state in order for the person to be ‘natural born’ citizen of that state,” he explained.

Earlier, when Baier’s statement first was posted, Harvard-educated Jerome Corsi, author of “Where’s the Birth Certificate?,” said Baier wasn’t quite on track.

“Baier incorrectly interprets that 8 USC Section 1401 was written to define ‘natural born citizen,’ as specified in Article 2, Section 1 of the Constitution,” he said. “The purpose of 8 USC Section 1401 is to define ‘nationals’ and ‘citizens’ of the United States ‘at birth.’”

Corsi explained that citizens at birth are not “natural born citizens” under the meaning of Article 2, Section 1.

“Nowhere in 8 USC Section 1401 does Congress make any mention of the term ‘natural born citizen’ or to Article 2, Section 1,” Corsi said.

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