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Showing posts with the label dual nationality

Article II "Natural Born Citizen" Means Unity of Citizenship and Sole Allegiance At Birth

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Article II "Natural Born Citizen" Means Unity of Citizenship and Sole Allegiance At Birth by: Mario Apuzzo, Esq. Written: April 23, 2009 Reposted: November 18, 2010 Article II of our Constitution has a lot to say about how a would-be President is born. "Natural born Citizen" status requires not only birth on U.S. soil but also birth to parents who are both U.S. citizens by birth or naturalization. This unity of jus soli (soil) and jus sanguinis (descent) in the child at the time of birth assures that the child is born with sole allegiance (obligation of fidelity and obedience to government in consideration for protection that government gives (U.S. v. Kuhn, 49 F.Supp.407, 414 (D.C.N.Y)) and loyalty to the United States and that no other nation can lay any claim to the child's (later an adult) allegiance and loyalty. Indeed, under such birth circumstances, no other nation can legally or morally demand any military or political obligations from that pe...

The Framers Used Emer de Vattel, Not William Blackstone to Define a “Natural Born Citizen”

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The Framers Used Emer de Vattel, Not William Blackstone to Define a “Natural Born Citizen” by: Mario Apuzzo, Esq. The question which has gripped our nation is whether Barack Obama is eligible to be President and Commander in Chief. Article II, Section 1, Clause 5 provides that: “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.” The proper question under this clause is not whether Obama is a “Citizen of the United States.” Rather, the correct question is whether Obama is a “ natural born Citizen ” thereunder. "It cannot be presumed that any clause in the constitution is intended to be without effect, and therefore such construction is inadmissible unless the words require it….” Marbury v. M...