Thursday, July 6, 2017

John Jay - You're Wrong About Who Is Eligible To Be President


John Jay – You’re Wrong About Who Is Eligible To Be President

I also posted this on Mario Apuzzo’s Natural Born Citizen blog. To read it and other comments there scroll down to the July 6, 2017 at 3:38 PM* date and time stamp.


Mario,

Bryan, who has never really been mean to you or others here on your Natural Born Citizen blog, has become nicer in his commentary and I’m starting to like reading his comments more than before, so my exposition about Bryan’s correction of your erudition is not intended to be directed at Bryan the person in a mean spirited way but directed at the content which could have been written by any person who believes that ALSO dual U.S./foreign citizenship qualifies a person to be eligible to be president instead of believing that ONLY singular U.S. citizenship qualifies a person to be president. What I like, and which is just too easy to rebut, is that Bryan hangs in there defending “crank nonsense” with sources that “no one” can rebut and refute. “No one” is a play on words since “no one” is one of Bryan’s opposition authoritative sources as will be clear below.

Bryan’s exposition is simple.

You are wrong and his conclusions about his quoted sources prove it. Period.

See, Bryan’s “cheerleading”, as you put it on July 5, 2017 at 9:45 PM, is simple to do. It doesn’t take much thought, and expressing a point without substance input is definitely not playing “the game”; here is an example from Bryan’s own conclusions on July 5, 2017 at 8:45 PM.

Four of Bryan’s quotes:
“ ‘The recurring doubts relate to those who have acquired United States citizenship through birth abroad to American parents." [Gordon 1968]
“ ‘But whether a person born abroad of American parents, or of one American and one alien parent, qualifies as natural born has never been resolved.’ [Pryor 1988]”

“ ‘It is clear enough that native-born citizens are eligible" [Gordon 1968]
“ ‘It is well settled that 'native-born' citizens, those born in the United States, qualify as natural born.’ [Pryor 1988]”

After quoting Gordon and Pryor, Bryan says No one challenged Gordon or Pryor on those assertions.” That, it seems to me, is an excellent example of “cheerleading”. This “crank nonsense” spotter has a question about the “assertions” of “crank nonsense” that are supported by “no one”. Who are Bryan’s authoritative sources for his conclusion about Gordon’s and Pryor’s “assertions”? Simple, “no one”. How can “no one” be rebutted and refuted?

Simple – by using the historical record.

Pryor’s “never been resolved” conclusion is definitely not an informed conclusion.

The 1795 Naturalization Act “citizen” language “resolved” the error of the 1790 Naturalization Act “natural born Citizen” language of, as Gordon put it, “those who have acquired United States citizenship through birth abroad to American parents”. With her “resolved” comment, Pryor is simply tacitly promoting the “crank nonsense” that NOT only singular U.S. citizenship qualifies a person to be president but that ALSO dual U.S./foreign citizenship qualifies a person to be president. As a “crank nonsense” spotter I immediately spotted the “crank nonsense” that the implicit dual U.S./foreign citizenship qualifies a person to be president instead of John Jay’s common sense implicit reason for underlining the word “born” in “natural born Citizen” in his July 25, 1787 note to his good friend George Washington (an implicit original genesis original intent with which Washington agreed).

Jay’s common sense in 1787 was that “by birth alone” ONLY singular U.S. citizenship qualifies a person to be president.

Why and how?

BECAUSE “born” implies<
ONLY singular U.S. citizenship
ONLY “by birth alone”
ONLY on U.S. soil,
ONLY to two U.S. citizen parents,
ONLY married before the child is born,
ONLY married to each other (NOT with multiple wives as practiced by some Muslims).

(Note to Prof. Amar: In 1787 America, multiple wives was definitely NOT part of the “implicit constitution” that you are promoting and also NOT part of the “implicit constitution” was the idea that ALSO U.S./foreign citizenship qualified a person to be president of the United States. However, what was “implicit” in 1787 in the explicit constitution language in Article II Section 1 clause 5 was the common sense idea that ONLY singular U.S. citizenship qualifies a person to be president).

Jay’s common sense in 1787 was that the word “born” did NOT imply “birth abroad” as Gordon wrote or “born abroad” as Pryor wrote. Do “constitutional scholars” in 2017 America really believe that in 1787 America Jay underlined the word “born” in “natural born Citizen” in his note to Washington with the intention to imply birth on foreign soil to one OR two U.S. citizen parents, OR birth on U.S. soil to one OR zero U.S. citizen parents?

Really? One? Zero?

That is definitely “crank nonsense” being asserted by Gordon in 1968 and Pryor in 1988, and in 2017 by Prof. Akhil Amar, Mark Levin, Esq., Prof. Larry Solum, Prof. Rob Natelson and et al who use the Fourteenth Amendment to tacitly “amend” the original intent of “natural born Citizen” in Article II Section 1 clause 5.

After references to Morse’s “definition of NBC” and Leo Donofrio, Bryan references “no one’s” cousin “no one at all” as his authoritative source to support his quoted source: “I can find no one at all saying that eligibility of U.S.-born children depends upon the citizenship of their parents. Can you?”

Well, duh. It’s common sense that the obvious does not need to be stated.

The common sense assumption is that to be eligible to be president of the United States ONLY U.S. citizen parents can pass on their U.S. citizenship status “by birth alone” to their child.

Right? Yes. Why?

Because foreign citizen parents cannot pass on U.S. citizenship by birth alone”.

Right? Yes.

That is why the Fourteenth Amendment “citizen” language does not “amend” the Article II Section 1 clause 5 “natural born Citizen” language. That is why the 1898 Wong Kim Ark Supreme Court decision did NOT explicitly refer to Article II Section 1 clause 5 as being clarified by the Court’s use of the 1868 Fourteenth Amendment, and the court did NOT imply a connection because a Supreme Court decision or Supreme Court dicta cannot “amend” natural law and “by birth alone” in the context of who is eligible to be president.

Mario, after quoting you about Wong Kim Ark Bryan wrote: “Your theories on Wong lost. … I'm pointing out that before Obama could have had any influence the American legal community considered the eligibility of the native-born clear and settled.“

In conclusion Mario, Bryan finished his refutation of your erudition about what is “clear” in the last sentence of the last paragraph with “the eligibility of the native-born” as being “clear and settled”. From the perch of this “crank nonsense” spotter, here, use my binoculars Bryan, do you see that “clear and settled” contradicts what Pryor said because the issue (pun intended) of “one American and one alien parent, qualifies as natural born has never been resolved”.

See, when “no one” is the authoritative source to support the quoted source then “no one” can conclude anything, even when it contradicts “no one at all”… or, whatever, whoever.

Tick...Tock...Tick...Tock...Tick...Tock… still waiting for the references to the debates about ALSO dual U.S./foreign citizenship qualifies a person to be president and why ONLY singular U.S. citizenship is NOT the ONLY reason for John Jay to underline “born” in “natural born Citizen” in his note to George Washington...Tick...Tock.

P.S. Mario, for people who may be wondering about the repetition of words and phrases, the answer is that it works for reinforcement in the subconscious, and because I’m not writing for a scholarly journal or for a court. I’m writing for the court of public opinion and “it seems to me” style of language fits the setting, similar to sitting around the kitchen table and just talking.

So Bryan, tick...tock...tick...tock………….

<<>>

"We do not know vs. making stuff up"...

Mario,

Wow, Bryan comes through again on July 6, 2017 at 3:52 PM.

Bryan said in his table talk style which I also like:

"Would the Framers have agreed, one way or the other, on whether a foreign-born citizen from birth was a natural-born citizen in sense of Article II? We do not know and anyone who pretends to, in the absence of a clear historical citation not yet presented, is just making stuff up."

Yep... dittos... 100% agreement with Bryan... if "we" refers only to the myth makers who promote the modern theory that ALSO dual U.S./foreign citizenship qualifies a person to be president, and, by implication, that ONLY singular U.S. citizenship is too exclusive for modern, uh, "constitutional scholars" like "implicit constitution" promoter Yale Law Prof. Akhil Amar.

Bryan, to whom does "we do not know" refer?

Does "we" refer to those who promote the modern myth and theory that ALSO dual U.S./foreign citizenship qualifies a person to be president and that alien idea was the understanding of "some"(?) of the constitution delegates and states' ratifiers, but, and it's a BIG, BIG, BIG, HUMONGUS BIG but, that ONLY singular U.S. citizenship qualified a person to be president was NOT the ONLY patriotic understanding of ALL of the delegates and ratifiers?

Tick...Tock...Tick...Tock...Tick...Tock...

Art
Original-Genesis-Original-Intent.blogspot.com

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