Common
Sense vs. “Crank Nonsense”
or
John
Jay’s Singular U.S. Citizenship vs. John Jay’s Dual U.S./Foreign Citizenship
In the past I have written on Mario Apuzzo’s Natural Born Citizen blog that his
expositions of the historical records concerning the1787 original
meaning of “natural born Citizen” in Article II Section 1 clause
5 are always informative, and absolutely nobody has ever challenged
his conclusions with facts that are definitive. They simply say that
he is wrong and then they cite a source and give a conclusion that
defends their use of their source.
For
example, Bryan, a commentator, wrote a few days ago on June 29, 2017
at 4:15 PM* in the first sentence, “… I'm a hobbyist. My
avocation is not, primarily, study of law. I study of crank
nonsense,”. Does
this mean that he is
a “crank nonsense”
scholar and that
his responses and assertions
to Mario Apuzzo, Esq.
are the conclusions of a hobbyist and
are not to be taken as
serious expositions intending
to advance knowledge? Well,
duh, uh, I mean, of course
he is a serious “crank nonsense”
scholar, as I am when
I point out his “crank nonsense”
in defense of dual
U.S./foreign citizenship ALSO qualifies a person to be president.
*https://puzo1.blogspot.com/2016/07/carmon-elliott-files-petition-for-writ.html
*https://puzo1.blogspot.com/2016/07/carmon-elliott-files-petition-for-writ.html
Just
as Bryan is not,
I also am not as
knowledgeable as Mario
Apuzzo is
about the historical records,
sources, and
court cases, and just
as Bryan is not, I also
am not a constitutional
scholar, so this commentary
is not directed to Bryan,
the person, who wrote that he studies “crank nonsense”,
but is written in
layman’s language to all
who express what I, also a student of “crank nonsense”,
call the “crank nonsense”
that dual U.S./foreign citizenship was John Jay’s “implicit”
original genesis original
intent reason
for underlining the word “born”
in “natural born Citizen”
in his July 25, 1787 note to his friend George Washington.
Here
is how I, a layman
student scholar
of “crank nonsense”
like Bryan, explain
in layman’s language, for
example, “it seems to
me” language, what
John Jay really meant by implication on July 25, 1787, an implication
what was incorporated into Article II Section 1 clause 5 when
the spankin’
brand new U.S. Constitution was
adopted on September 17,
1787 by ALL
of the constitutional
convention delegates and
sent to the states for ratification by ALL
of the states without any
suggestion that a word or
words needed to be changed after ratification by amendment.
In the case of the “implicit”
original meaning of the
explicit words “natural
born Citizen” – the
“implicit”
meaning of
“nbC” was NOT
challenged OR debated
by the convention delegates OR
by the states’ ratifiers, which included New York state ratifier
John Jay who definitely knew
what he meant on July 25, 1787 when
he underlined the word “born”
in “natural born Citizen”
in his note to Washington.
Hmm…
what does adoption and
ratification of the new constitution “as is”
tell us
natural born citizen “crank
nonsense” scholars
about the “implicit”
meaning of the language of Article II Section 1 clause 5?
The
first thing
that tells us is that John
Jay could NOT have
implied EITHER
singular U.S. citizenship OR
dual U.S./foreign citizenship as qualifying a person to be president.
Why? Well, there is no record of a debate about
the meanings
of “natural” or
“born” or
“citizen” and
definitely, absolutely zero, zilch, nada, no
debate about the “explicit”
OR “implicit”
meaning of “natural born Citizen” BEFORE
it was inserted into Article II Section 1 clause 5 of the new
Constitution.
Since
Jay underlined the word
“born” common
sense dictates that Jay implied
that ONLY singular
U.S. citizenship would qualify a person to be president. Also,
and since
our common sense is the same as the common sense of the convention
delegates in 1787,
our common
sense today in 2017
dictates
that because ONLY
singular U.S. citizenship qualifies
a person to be president,
the “implicit”
meaning of ONLY
singular U.S. citizenship
would NOT need to be
debated.
Right?
Yes.
The
second thing that tells us is that “IF” Jay
had “implied” that dual U.S./foreign citizenship would
qualify a person to be president, that DEFINITELY would have
needed debate, and a record of that debate would be at the fingertips
of every Prof. Amar inspired “implicit constitution”
surrogate who would declare it from the roof tops, so to speak, of
their blogs.
Right?
Yes.
But,
where are they and their
blogs? Where are the John
Jay and Prof. Amar inspired “implicit
constitution”
defenders who assert with “constitutional scholar” authority that
“implicit” in
Jay’s underlining of the word “born”
in “natural born Citizen”
in his note
to Washington that Jay ALSO
“implied”
that ALSO dual
U.S./foreign citizenship qualifies a person to be president?
The
convention delegates would have debated the point before
adopting the constitution on September 17, 1787
if they got a smidgin’ of
an unsavory rotten egg, uh, wind
that Jay “implied”
ALSO dual
U.S./foreign citizenship instead of ONLY
singular U.S. citizenship would qualify a person to command the
military AND be
“...eligible to the Office of President” according to the
language of A2S1c5.
The
convention delegates would have debated “dual”
and there would be a record of their debate before they sent the
constitution to the states for ratification. But,
and it’s a BIG but, the
record of a convention debate and a states’ ratifying debate about
ALSO dual
U.S./foreign citizenship is
not in the historical record ‘cuz there was no debate by the
convention delegates or by the states’ ratifiers about ALSO
dual U.S./foreign citizenship qualifying a person to be president.
The
conclusion of this “crank nonsense”
scholar is that John Jay
“implied” in 1787
that ONLY singular
U.S. citizenship qualifies a person to be “...eligible to the
Office of President” and that Jay NEVER
“implied”
that ALSO dual
U.S./foreign citizenship qualified a person to be president.
In
conclusion, I have
noticed that “crank nonsense”
scholar Bryan (he’s
become nicer in his comments)
and others
in the past on Mario
Apuzzo’s Natural Born
Citizen blog always seem to have a sometimes snarky, sometimes
friendly response to Mario’s
obvious erudition about “natural born Citizen”
in the historical record but they
simply are not persuasive and therefore not convincing,
but,
for some reason, little ol’ me, a “crank nonsense”
scholar like
Bryan but who
defends John Jay’s ONLY
implication
that ONLY singular
U.S. citizenship qualifies a person to be president, little
ol’ me, I NEVER
gets a response from “crank nonsense”
scholar Bryan or et al.
Tick… tock… tick…
tock… tick… tock… going
on 4 years Bryan.
All they need to do, and
it’s really simple and not complicated,
is say that John Jay,
the underliner of the word “born”
and the author of “natural born Citizen”
in his July 25, 1787 note
to Washington, meant...NOT ONLY...singular
U.S. citizenship but...AND
ALSO...dual
U.S./foreign citizenship would qualify a person to be president.
Simple,
right? Yes.
Of
course, they would ALSO need to present the record of the
debate by the delegates and ratifiers that they agreed that Jay
correctly “implied” AND ALSO dual
U.S./foreign citizenship would qualify a person to be president.
Simple,
right? Yes.
That’s
all, simply adduce
the historical record to educate “crank nonsense”
scholars who
defend Jay’s implication
that ONLY singular
U.S. citizenship qualifies a person to be president, and also educate
“crank nonsense”
and “implicit
constitution”
constitutional scholars like Yale law professor Akhil
Reed Amar, and Mark Levin, Esq., and
Prof. Larry Solum, and Prof. Rob Natelson and, well,
so many more who
assert with solemnity that a
person with dual
U.S./foreign
citizenship is ALSO
eligible to be president,
and who
talk and write for and
against “originalism”
but never
seem to apply their erudition and
scholarship to explaining
John Jay’s “implicit”
original genesis original
intent reason
for underlining the word
“born” in
“natural born Citizen”
in his “inspired”
note to George Washington on July 25, 1787..
Tick...Tock...Tick...Tock...Tick...Tock...
Art
Original-Genesis-Original-Intent.blogspot.com
No comments:
Post a Comment