Citizenship Truths from NY State’s 1777 Constitution

New York State Constitution;  1777

XIII. And this convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare, that no member of this State shall be disfranchised, or deprived of any of the rights or privileges secured to the subjects of this State by this constitution, unless by the law of the land, or the judgment of his peers.  [“the law of the land” meant the country of New York]

XVIII. That the governor shall continue in office three years, and shall, by virtue of his office, be general and commander-in-chief of all the militia, and admiral of the navy of this State; that he shall have power to convene the assembly and senate on extraordinary occasions;  [NY was a sovereign nation with its own military and government]

XXXV. And this convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare that such parts of the common law of England, and of the statute law of England and Great Britain, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this State, subject to such alterations and provisions as the legislature of this State shall, from time to time, make concerning the same.

XL. And whereas it is of the utmost importance to the safety of every State that it should always be in a condition of defence; and it is the duty of every man who enjoys the protection of society to be prepared and willing to defend it;

[note that bearing arms in civil defense was the number one duty of citizenship since without men willing to fight to defend liberty and independence, they would not long exist.  Men, and only men, were under the obligation to risk life and limb in that defense, -making them full and true citizens, while children and women were the exempt classes.

That is why only foreign men could become American citizens via the naturalization oath since it required, and still requires, swearing to bear arms, True faith and Allegiance (i.e., to fight the enemy in battle and obey all lawful orders).  All male inhabitants were subject to that responsibility to secure the survival of their society in freedom.

Foreign visitors, guests, diplomats, and hostiles, -as well as Indians and Gypsies, were not subject and that is the reason that their children (born within the States or not) were not born as American citizens but were taken as being aliens.  If subject to any government at all, they were subject to another sovereign power and under obligation to defend it, -not the United States.  Obama’s father was just such a foreigner, and thus incapable of fathering an American citizen.]

this convention therefore, in the name and by the authority of the good people of this State, doth ordain, determine, and declare that the militia of this State, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service.

That all such of the inhabitants of this State being of the people called Quakers as, from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the State such sums of money, in lieu of their personal service, as the same; may, in the judgment of the legislature, be worth.(12)

And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this State, and by acts of the legislature, established, maintained, and continued in every county in this State.

XLII.  And this convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare that it shall be in the discretion of the legislature to naturalize all such persons, and in such manner, as they shall think proper: Provided, All such of the persons so to be by them naturalized, as being born in parts beyond sea, and out of the United States of America, shall come to settle in and become subjects of this State, shall take an oath of allegiance to this State, and abjure and renounce all allegiance and subjection to all and every foreign king, prince, potentate, and State in all matters, ecclesiastical as well as civil.  http://avalon.law.yale.edu/18th_century/ny01.asp  ~     ~     ~     ~

[the freemen of the State rejected the sovereignty of both the head of the Anglican Church (the King of England) and the head of the Roman Catholic Church (the Pope; -they were anti-royalty and anti-papacy.  All were Protestants.  Protestants stood for individual liberty under God, and individual conscience before him, with no subservience to human priests or ministers of any church.  To escape the oppressive authority of those two State religions was the main impetus for the founding of new colonies in the American territory.]

14 The custom of naturalizing aliens by special act was first introduced by the colonial general assembly in 1717, and was continued by the State legislature until the adoption of the Federal Constitution in 1789. After that date the right to hold land upon declaring [under oath] an intention to become naturalized was granted by special act until 1825, when a general law for this purpose was passed. — Hough. Back  [as in Britain, foreigners were not permitted to own land in America unless they intended to become Americans.]

~     ~     ~

Like the Statue of Liberty, there are three different views of citizenship.  There’s the view of the maker who designed the unseen internal support structure [the underlying principles]; the view of it as completed, with the copper skin having a shining new copper appearance; and the view of later years as it oxidized into the green patina we see today.

The current appearance is like that of the current view (since 1898) of American citizenship.  It is tarnished by the oxidation of bastardization that eroded the purity of the original metal.  That impurity was the presumptuous and erroneous over-reach of the U.S. Attorney General John Griggs who in 1898 (following the Supreme Court opinion in the Wong Kim Ark case) decreed that not only were children of immigrants born as U.S. citizens (as ruled the Supreme Court) but children of anyone and everyone was an American based solely on birth within our borders.

That was a wholesale adoption of the old rejected British system of nationality based on everyone born within the King’s realm belonging to him as his subject unless born of an ambassador.

The opinion of the Supreme Court in reinterpreting the meaning of “subjection to the jurisdiction” (of the United States) in the 14th Amendment nationality clause created a new national rule that federalized the continuing British policy (that the States allowed) of common law citizenship for native-born children of aliens, but which had been rejected by the federal government which recognized Natural Law instead of common law.

The opinion of the court that children of immigrants born in the United States are U.S. citizens was rather like the shiny new copper-plate surface of the Statue of Liberty before the effects of the Griggs interpretation of their opinion caused a major degeneration in the American nationality status quo.

That was before the appearance of the illegal alien phenomenon, with millions of them having babies in a country that was not theirs, and to which they owed no allegiance or responsibility, -in addition to foreigners allowed in for temporary periods for work but who also had babies on U.S. soil, including radical Muslims whose foreign-raised and indoctrinated children were “considered” U.S. citizens when in fact they were no such thing.

That was the oxidizing, the rusting, -the degenerating of the purity of the high court’s opinion which only covered children of members of American society, -native-born of parents with a granted legal right to permanently live & work in America and be an integrated part of it, -albeit without the right to perform civic duties.

~   ~   ~

    ~A family is like a State, and a tribe is like a country.  To be a member of the tribe you must first be a member of one of the families of the tribe.

To be a member of The united States of America you must first be a member of one of the States or Provinces of the nation.

No one is born as a member of the tribe without first being a member of one of its families.  So also, no one is born as a member of the union of The States unless born as a State citizen.

All other citizens are federal citizens by federal law, born on federal land, -not State land.  All State citizens are United States Nationals and more; they are also American citizens or citizens of The United States.

But not all federal citizens are State citizens, in particular those born in Washington D.C., Puerto Rico, and Guam.  They are all “citizens of The UNITED STATES” but they are not citizens of the union of The States of America, i.e., citizens of the united STATES.  Thus only those who were born on federal land within the United States are eligible (if born of American parents) to be President because the others are not natural born citizens of the States nor the American homeland.

Governments are meant to be strictly guided by their Constitution.  They are like computer software programs which are designed for specific tasks and nothing more.  They are not intended to be independently-acting, artificial-intelligence entities such as “Skynet” which became self-aware and decided that it should be the boss of its creator.

  Instead, its job was to protect its creators, not rule nor annihilate them.  It had no authority to dictate who it would serve, -itself or man.  Nor do governments.  They are not created with programming nor authority to dictate to their creators what their natural rights are or are not.

Like good dogs, they are there to protect the members of the household from potentially hostile outsiders, -not dictate to the insiders, the members of the family and home, whether or not they will be viewed as such or viewed as outsiders.

Neither protective software nor protective dogs are given such authority because it is based on a principle that is above their “pay-grade”.  It is based on natural membership resulting from natural relationships.  Those relationships are the primal foundation of all groups, and to seek to usurp authority over that which is wholly natural is an effort to play God and reorder the natural order of life.

Good government, like a good dog, is only allowed to draw distinctions between insiders and outsiders, -not to decide that some insiders that it does not favor can be treated as outsiders via nationality law-making.  That was done in American in regard to children of slaves, they being viewed not as fellow Americans but as property, and were not considered to be American citizens until the passage of the Civil Rights Act of 1866.

The truth about government authority and its very real limitation over the nationality of American insiders exposes the falsity of the nativist belief that the U.S. government has or ever had authority over the national membership of America’s natural members.  No such authority ever existed nor was ever written in any document or writing of any kind, -including any law or court opinion.

What that  indicates is that the legitimate American government, unlike the imperial government of Britain, never supposed that it had the authority or moral right to declare the foreign-born children of its own citizens to be aliens and only capable of membership in their own parents’ country by the good grace and benevolence of Congress.

Congress never had the faintest inkling that it possessed such an authority over the progeny of those who created it.  It simply had no authority over its creator and their bloodline.  Its authority began and ended with those who were outsiders, aliens, foreigner, -and their children.  Not Americans and theirs.

For them, it mattered not where in the world they were born because their sovereign citizenship went with them, and that included their natural right to belong to their own people, -a right over which the American government never presumed to have any authority.

How could the servants of a free people feel that they had the right to declare the children of their maker to be foreigners?  It’s totally absurd, and yet many are deluded into thinking that is it the American way, -and all because it was not absurd under the British monarchy which wielded the power to make such a determination enforceable.

But the British were not a free people since they belonged to their sovereign for life.  The Americans were not so enslaved.  They fought and died for their independence from autocratic rule, and for their right to live by and institutionalize their natural rights, including their right of belonging to their own family and country.

by Adrien Nash  May 2014  obama–nation.com

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About arnash
“When you find yourself on the side of the majority, it’s time to pause and reflect.” - Mark Twain - Politicians and diapers - change 'em often, for the same reason. "Government is like a baby. An alimentary canal with a big appetite at one end and no sense of responsibility at the other." Ronald Reagan "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley, Jr. “The trouble with the world is that the stupid are cocksure and the intelligent are full of doubt.” - Bertrand Russell The people are the masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert it. Abraham Lincoln “Good people sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.” - George Orwell “Satan will use a lake of truth to hide a pint of poison”.

One Response to Citizenship Truths from NY State’s 1777 Constitution

  1. arnash says:

    Constitution of Pennsylvania 1969 (?)

    WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance, do ordain and establish this Constitution.

    Article 1
    DECLARATION OF RIGHTS

    That the general, great and essential principles of liberty and free government may be recognized and unalterably established, WE DECLARE THAT –
    Inherent Rights of Mankind

    Section 1.

    All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

    Political Powers
    Section 2.

    All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. For the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper.

    Religious Freedom
    Section 3.

    All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect or support any place of worship or to maintain any ministry against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience, and no preference shall ever be given by law to any religious establishments or modes of worship.

    Religion
    Section 4.

    No person who acknowledges the being of a God and a future state of rewards and punishments shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this Commonwealth.

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