Sly Attempts at End-Runs Around the Constitution

What if you heard that Congress was moving to change Immigration & Naturalization laws so the every child born overseas to 1 citizen parent & 1 foreign parent would forever be deemed a ‘natural born’ citizen?(101st Congress) H.R. 1380, (99th Congress) H.R. 2535,

From 1973 to present,  attempts have been made to remove ‘natural born’ from Article II of the Constitution. Additional attempts have also been made to formally define/change the meaning of ‘natural born’, therefore opening the door for any and all citizens to be able to run for President, regardless of their type of citizenship.

From 1973  to present, there have been 15 silent secret attempts to remove the words ‘natural born’ from the Constitution and replace them with just citizen. It is the ideology of the leftist-liberals that the words ‘natural born’ are discriminatory and therefore keep naturalized citizens and those born with dual citizenship from their imaginary right to be president.

In the early months of 2008, at a time when Hillary Rodham Clinton was the frontrunner for the Democratic nomination and only those in the “tin foil hat” brigade of the party were taking Barack Obama seriously, a number of lawsuits were filed questioning whether Senator John McCain, having been born in the Panama Canal Zone, was a natural born U.S. citizen.

Former U.S. Solicitor General Theodore Olson, a conservative Republican, and Harvard Law professor Laurence H. Tribe, a liberal Democrat, were assigned the task of researching the issue. In a March 19, 2008 memorandum, Olson and Tribe concluded that, “based on original meaning of the Constitution, the Framers’ intentions, and subsequent legal and historical precedent, Sen. McCain’s birth, to parents who were U.S. citizens serving on a U.S. military base in the Panama Canal Zone in 1936, makes him a ‘natural born Citizen’ within the meaning of the Constitution.”

Weeks later, in an April 10, 2008 statement, Sen. Patrick Leahy (D-VT) chairman of the Senate Judiciary Committee, said, “Based on the understanding of the pertinent sources of constitutional meaning, it is widely believed that if someone is born to American citizens anywhere in the world they are natural born citizens. Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen [emphasis added].”

This was followed by an April 30, 2008 Senate resolution, approved by a vote of 99-0 (Senator John McCain abstaining). The resolution declared: “Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it Resolved, That John Sidney McCain, III, is a ‘natural born citizen’ under Article II, Section 1, of the Constitution of the United States.”
It is important to note that all four references… the 1866 Bingham statement, the Olson-Tribe Memorandum, the Leahy statement, and the U.S. Senate Resolution… all utilize the plural terms “parents” or “American citizens,” strongly suggesting that the “natural born” question rests, in large part, on the necessity of both parents being U.S. citizens.

While the Constitution itself does not define the term “natural born Citizen,” the legal precedent referred to in the Olson-Tribe memorandum cited above is taken from Minor v. Happersett, 88 U.S. 162(1875), the only defining precedent established by the U.S. Supreme Court. The Court concluded in Minor that, “At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”

It is also important to note that, during the past decade, a number of resolutions have been introduced in the U.S. House of Representatives aimed at amending Article II, Section 1 of the Constitution, completely altering the traditional interpretation of the term “natural born Citizen.” For example, in support of Arnold Schwarzenegger’s stated presidential ambitions, Rep. Dana Rohrabacher (R-CA), introduced House Joint Resolution 104 on September 15, 2004. The resolution proposed to amend Article II, Section 1 of the U.S. Constitution by adding the following language:

“A person who is a citizen of the United States, who has been a citizen of the United States for at least 20 years, and who is otherwise eligible to hold the Office of the President, is not ineligible to hold that Office by reason of not being a native born citizen of the United States.”

H.J.R. 104 was referred to the House Judiciary Committee, Subcommittee on the Constitution, where it remained through the end of the 108th Congress. Then, early in the 109th Congress, on February 1, 2005, Rohrabacher made a second attempt with the introduction of H.J.R. 15, which contained essentially the same language as the failed H.J.R. 104 of the previous Congress. And while it is understandable that Rohrabacher would attempt to amend the Constitution to make it possible for his own governor, a naturalized citizen, to seek the presidency, similar attempts by Democrats during the same decade are not so easily understood or explained.

For example, on June 11, 2003, during the 108th Congress, Rep. Vic Snyder (D-AR) introduced H.J.R. 59 which would have totally eliminated the “natural born Citizen” requirement in Article II, Section 1 by substituting the following language:

“A person who has been a citizen of the United States for at least 35 years and who has been a resident within the United States for at least 14 years shall be eligible to hold the office of
President or Vice President.”

The Snyder proposal was followed by H.J.R. 67, introduced on September 3, 2003 by Rep. John Conyers (D-MI). The Conyers proposal would have added the following substitute language to Article II, Section 1 of the Constitution:

“A person who has been a citizen of the United States for at least 20 years shall be eligible to hold the Office of President.”

On January 4, 2005, early in the 109th Congress, Conyers made a second attempt with the introduction of H.J.R. 2, proposing the same language as contained in H.J.R. 67 of the 108th Congress. And on April 14, 2005, Rep. Vic Snyder made yet another attempt, introducing H.J.R. 42, containing amendatory language identical to his H.J.R. 59 of the 108th Congress.

All of the above resolutions, proposing to send constitutional amendments to the states for ratification, suffered the same fate. All died in committee without being acted upon.

Any member of Congress is free to introduce a resolution proposing an amendment to the U.S. Constitution. However, what distinguishes Rep. Rohrabacher’s resolutions from those of his Democratic colleagues is that his motive was clear… he was interested in making it possible for his governor, Arnold Schwarzenegger, to seek the presidency. The motivations of his Democrat colleagues, on the other hand, are a mystery; they only serve to raise important questions.

In other words, if the “natural born Citizen” requirement had not represented a major problem at any time in U.S. history, why were Democrats suddenly concerned about it in 2003, 2004, and 2005 when a young black man, the son of an American mother and an African father, was emerging as a rising star in the Democratic Party?

So the question arises, what did Congressmen Snyder and Conyers know that caused them to offer proposed constitutional amendments in the House of Representatives? More specifically, what did they know about Obama’s presidential ambitions and his inability to meet the “natural born Citizen” standard, and when did they know it?

Of the impact of judges rendering decisions as a result of having been appointed by an ineligible de facto president, Barnett stated, “There have been 62 Obama judicial nominations confirmed including Supreme Court Justices Sotomayor and Kagan.  It is unfathomable how far-reaching the consequences of an unlawful presidency would be.  Federal judges hear hundreds of cases per year.”  She added, “Lawsuits can cost millions of dollars.  Imagine that you had won a case under an Obama appointed judge, and then later on it was overturned or reviewed because the judge was found not to be legally appointed.  Wouldn’t this open up the federal government to being sued?  Every party to a lawsuit including criminal cases would have standing for a rehearing and re-trial with the federal government paying the costs because they denied all of these people their right to due process.”

Capt. Barnett maintains a website which covers the Dunn case, the Obama eligibility question, and other constitutional issues.  Her letter asking Judge Ishii to return her case to Judge Damrell is posted here.  However, Judge Ishii refused, stating that the plaintiff “provides no legal grounds to reconsider the propriety of the reassignment.”


Of all these permanently recorded Congressional proposals, the ones that give us more in-depth testimony/summary are H.R. 1380, H.J. Res. 88, S. 2128, S. 1348 & S. 2678.

H.R. 1380 was a bill to amend the Immigration & Nationality Act to grant US national & ‘natural born’ citizen status to certain persons born outside the United States. Alexander’s bill would have granted a child born with dual nationality ‘natural born’ citizenship status and it also addressed the issue of children born to US military personnel overseas. Summing up the bill, Alexander said:

“My bill would also insert the term ‘natural born’ into section 301 of the Immigration & Nationality Act of 1952, thus clearing up any question as to whether a child born abroad as an American citizen qualifies under the Constitution to run for President when he or she grows up.”

Kennedy’s aka ‘Fast Eddie’s’ bill, S. 1348, went a bit further and it was quite clever of him to slip those 2 little yet powerful words ‘natural born’ into the bill. Reading the summary was quite laughable. This is where Kennedy tries to claim that children(anchor babies) born to nonimmigrant illegal aliens are ‘natural born’, however he does not stop there, he goes on to call adopted children of nonimmigrant illegal aliens as natural born once the aliens acquired the new Z-visa that would have been created by the immigration reform act.

And as if all this is not enough to prove that our government and our election process is totally corrupt to the core, Roger Calero, a green card holding alien from Nicaragua  and member of the Socialist Workers Party (communist party) was on the Presidential ballots in 5 states where he received 7,209 votes. He originally was on the ballot in 12, however was removed from 7 and replaced by another SWP member James Harris who received 2,424 votes. The states that allowed Calero, a Nicaraguan National, to remain on the ballot despite complaints to the Secretary of State in those states prior to the election were: CT, DE, MN, NJ, NY & VT.



One Response to Sly Attempts at End-Runs Around the Constitution

  1. arnash says:

    Mario Apuzzo (Puzo1) said…to Reality Check,

    I read Judge Gibney’s 2 and ½ page Order in Charles Tisdale v. Obama, Civil Action No. 3:12-cv-00036-JAG, filed in the Federal District Court of the Eastern District of Virginia. With all due respect for Judge Gibney, the case citations that he provides to support his conclusion that a child born in the United States to one or two alien parents is a “natural born Citizen” do not provid any basis for his conclusion:

    (1) He cites Wong Kim Ark and the holding of the case. But that case and its holding do not directly relate to a “natural born Citizen.” Rather, it concerns only a “citizen of the United States” under the Fourteenth Amendment. Wong even confirmed that there is a distinction between a “natural born citizen” child born in the U.S. to citizen parents and a “citizen” child born in the U.S. to alien parents. In fact, the Wong holding that Judge Gibney provides does not even include the clause “natural born Citizen” in it.

    (2) He cites Perkins v. Elg, but that case supports the plaintiff’s position and not the judge’s. In that case the child was born in the United States to citizen parents and therefore confirmed to be a “natural born Citizen.” How can that case be cited for the proposition that a child born in the United States to one or two alien parents is a “natural born Citizen” when those were not the facts of the case and surely not the holding of the Court?

    (3) Judge Gibney cites the Fourteenth Amendment, but as the U.S. Supreme Court in Minor v. Happersett (1875) explained, that amendment does not provide the standard for defining a “natural born Citizen” and in fact does not even mention the clause.

    (4) Finally, Judge Gibney cites Hollander v. McCain (2008) in support of his on-the- merits dismissal with prejudice of Tisdale’s complaint for failure to state a claim. But the Court in Hollander dismissed his claim that McCain was not a “natural born Citizen” on the ground that Hollander failed to prove Article III standing to make that claim. The Hollander court never reached the merits of Hollander’s argument that McCain was not a “natural born Citizen.” In fact, the court even said that it was not relevant for its decision where McCain was born. Additionally, dismissal for lack of standing is not with prejudice. But Judge Gibney did reach the merits of Tisdale’s “natural born Citizen” argument. How can Judge Gibney rely on a case that never reached the merits of the meaning of a “natural born Citizen” for support for his decision which did reach the merits of that very question? There simply is nothing in the Hollander case that supports the merits decision made by Judge Gibney. A decision on standing does not provide any substance as to the meaning of an Article II “natural born Citizen.” Hence, Judge Gibney’s reliance on Hollander is misplaced.

    “The fourteenth amendment, adopted primarily to confirm the full citizenship denied to Negroes by the Dred Scott decision, did not refer to “natural-born citizens, did not purport to limit or define the presidential qualification clause of the Constitution. . .” Id. p. 31-32. The dicta stated by Wong Kim Ark “are not addressed to the presidential qualification clause and cannot control its construction.” Id. at 32.

    Charles Gordon, Who Can Be President of the United States: The Unresolved Enigma, 28 Md. L. Rev. 1 (1968).

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: