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*The Citizenship Status of Our 44 Presidents* Score: More about Printer Friendly Send to a Friend Save as PDF Read More...

Posted on Thursday, May 05, 2011 @ 15:00:03 EDT in America
by Southern

Mario Apuzzo, Esq.

A famous Holmesian dictum provides that "a page of history is worth a volume of logic." New York Trust Co. v. Eisner, 256 U.S. 345, 349 (1921) (Holmes, J.). There have been 43 Americans that have served as President (not including Barack Obama). Ten were born before 1787. Until Martin Van Buren (who was born in 1782 or six years after the signing of the Declaration of Independence) became President in 1837 (making him the 8th president), all the Presidents had been born before 1776 to parents who, undoubtedly, at the time considered themselves to be loyal subjects of one of the British Kings. The president following Van Buren, William H. Harrison (the 9th president), was also born before 1776 to parents who were British “natural born subjects.” All Presidents born before July 4, 1776, were born British “natural born subjects.” Those early presidents were naturalized to become “Citizens of the United States” through the Declaration of Independence and by adhering to the American Revolution. These presidents included Washington, Adams, Jefferson, Madison, Monroe, Adams, Jackson, and Harrison. Article II, Section 1, Clause 5, allowing anyone who was a “Citizen of the United States” at the time of the adoption of the Constitution to be eligible to be President, grandfathered these presidents to be eligible. All presidents born after 1787, except for Chester Arthur and Barack Obama, met the “natural born Citizen” criteria, i.e., born on U.S. soil to a mother and father who were themselves U.S. citizens at the time of the President’s birth. Neither Arthur nor Obama were “natural born Citizens” at the time of birth. Arthur was born to an alien father who also made his U.S. citizen mother an alien. Obama was born to a non-U.S. citizen father who never became a U.S. citizen and, being here only on a temporary student visa, was never even an immigrant. There have been 46 Americans that have served as Vice-President (not including Mr. Biden). Ten were born before 1787. All Vice-Presidents born after 1787, except for Chester Arthur, met the “natural born Citizen” criteria. Fourteen Vice Presidents have gone on to be President.

Let us now examine how President James Buchanan, who had an Irish father, Woodrow Wilson, who had an English mother, and Herbert Hoover, who had a Canadian mother, were “natural born Citizens.” As we have seen, President Thomas Jefferson, whose mother was born in England, and Andrew Jackson, whose parents were both born in Ireland, were grandfathered to be eligible to be President. Chester Arthur, not being either grandfathered or a “natural born Citizen,” will be treated separately.

When determining whether a child born in the U.S. is an Article II “natural born Citizen,” the question is not whether the parents of the child are foreign born. Rather, the question is whether they are “citizens of the United States” at the time of the child’s birth in the United States. In Minor v. Happersett, 88 U.S. 162, 167-68 (1875), our U.S. Supreme Court, providing the same definition of a “natural born citizen” as did Emer de Vattel in his The Law of Nations, Section 212 (1758), but without citing Vattel, and not in any way referring to the English common law, stated:

"The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain 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. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient, for everything we have now to consider, that all children, born of citizen parents within the jurisdiction, are themselves citizens."

Id., 169 U.S. at 679-80. So as we can see, the Supreme Court told us that a “natural born citizen” is a child born in the country to citizen parents. See also, U.S. v. Wong Kim Ark, 169 U.S. 649, 708 (1898) (distinguished between a “natural born Citizen” and a “citizen of the United States” and cited Vattel and quoted his definition of “natural born Citizen” as did Minor v. Happersett but relied on the English common law to define a born “citizen of the United States” under the 14th Amendment).

The status of being “citizens of the United States” can be acquired by the parents by either being “natural born Citizens” or by becoming “citizens of the United States” by naturalization under an Act of Congress or treaty or if born in the U.S. under the 14th Amendment. The case of Perkins v Elg 307 U. S. 325 (1939) makes the point and shows how a child born in the U.S. to naturalized parents was declared a “natural born Citizen.” The central question in the Perkins case dealt with whether the Elg child lost her U.S. birth citizenship status because of the acts of her parents and not because of anything she elected to do or some treaty or Act of Congress. But the case is also important in understanding the meaning of a “natural born Citizen.”

Under out naturalization laws, citizenship can be derived from a close relation to a family member. Historically, a number of U.S. laws have provided for the automatic naturalization of children or wives (not husbands) of naturalized U.S. citizens. In some periods of our history, these laws provided that married women derived citizenship from their husband and had no control over their status. Under the Act of 10 February 1855, a woman automatically became an American upon marrying a U.S. citizen or following the naturalization of her foreign husband. Kelly v. Owen, 74 U.S. 7 Wall. 496 (1868). The 1922 Married Women's Act (or the Cable Act) finally severed the link between naturalization and marital status for most women.

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Molesting kids won’t win war on terror Score: More about Printer Friendly Send to a Friend Save as PDF Read More...

Posted on Sunday, April 24, 2011 @ 00:37:24 EDT in America
by Southern

Frisking tots while neglecting the border undercuts seriousness of security

Dr. Milton R. Wolf

Our government has become a serial groper. There’s no part of our lives it won’t touch. It insists on putting its insatiable hands on everything from our health care to the gas in our cars, from our light bulbs to our mortgages. Recently it has developed an alarming appetite for our children’s affairs, fondling everything from elementary school bake sales to Happy Meal toys. And now it has declared that the only thing standing between you and a fiery death is its hands all over your kids.

Last week, America was aghast to witness a federal Transportation Security Administration (TSA) agent perform an “enhanced screening” on a 6-year-old girl at the Louis Armstrong New Orleans International Airport. “Such pretty hair you have,” coaxed the TSA agent with the busy hands. This surely would have given Satchmo the blues.

We’re nearly 10 years into the global war on terror - or is it an “overseas contingency operation”? The casual observer is forgiven for not knowing exactly upon whom America has declared “kinetic military action,” but our commander in chief is not. Here’s a clue: “Underwear bomber” Umar Farouk Abdulmutallab, “Times Square bomber” Faisal Shahzad, “Fort Hood shooter” Maj. Nidal Malik Hasan and “Portland Christmas tree bomber” Mohamed Osman Mohamud all have this in common: They are not6-year-old girls.

I was subjected to an enhanced groping myself just last week. My offense: cargo pockets.

We owe a debt of gratitude to everyone who stands in the breach to protect us: the military, police, firefighters, first responders and, yes, TSA employees. The fault of this ridiculous “security theater” lies not with with them per se but with their bosses in the government. Ultimately, the balance between liberty and security hinges on the trustworthiness of our government. It claims the body scanners and enhanced pat-downs are necessary, and we desperately want to be able to believe it. However, the same administration that promised to cut the deficit in half and to hold unemployment below 8 percent, the same administration busybodies who can’t keep their hands off every aspect of our lives, now swear these TSA grope-fests are needed.

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President Bush and the Marine Corps Band Score: More about Printer Friendly Send to a Friend Save as PDF

Posted on Friday, April 01, 2011 @ 09:39:05 EDT in America
by Southern

 

 

U.S. Has Earth’s Largest Energy Resources Score: More about Printer Friendly Send to a Friend Save as PDF Read More...

Posted on Tuesday, March 29, 2011 @ 15:44:34 EDT in America
by Southern

Peter C Glover

U.S. resources

In case anyone missed it, let me repeat something that is of a magnitude of 10 on the scale of news-quakes for Joe Public USA: America’s combined energy resources are, according to a new report from the Congressional Research Service (CSR), the largest on earth. They eclipse Saudi Arabia (3rd), China (4th) and Canada (6th) combined – and that’s without including America’s shale oil deposits and, in the future, the potentially astronomic impact of methane hydrates.

The energy facts in the CRS report should be making front page news all over America. Mostly it isn’t. Given the devastating news from Japan and New Zealand, it may be right to postpone dancing in the streets. But something else is going on. Even though they are going to dominate global energy supply for decades to come the insidious war on vital fossil fuels continues apace.

world fossil fuel

Thus it perhaps falls to a friend of the US (i.e. me) to state that if the White House is in any way serious about impacting the economic Black Hole that is the burgeoning national debt, reinvigorating business big-time, creating real jobs and restoring ebbing national wealth, the best shot by a distance if you’re American ... well, you’re standing on it, or rather above it.

While love, spiritually speaking and in fiction, may make the world go around, it is energy – and mostly hydrocarbon energy – that actually drives it. As blockbuster thrillers sometimes put it, “Who will tell the President?”

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Jake teaches us Calculus 2. Techniques of Integration Score: More about Printer Friendly Send to a Friend Save as PDF

Posted on Sunday, March 27, 2011 @ 23:36:53 EDT in America
by Southern

 

 

'No Way Out' of Debt Trap, Gross Says Score: More about Printer Friendly Send to a Friend Save as PDF

Posted on Tuesday, March 15, 2011 @ 14:21:41 EDT in America
by Southern

U.S. Living Standards Doomed to Fall

Stacy Curtin

Debt, debt and more mounting debt is plaguing countries around the globe.

In the U.S., states across the country face a collective $125 billion shortfall for fiscal 2012, while Congress is facing a budget gap nearly 10 times that size.

PIMCO founder Bill Gross -- one of the world's largest mutual funds managers, who focuses mostly on bonds -- has previously said that if the United States were a corporation, no one in their right mind would lend us money. For the last decade, we’ve been “relying on the kindness of strangers” to help cover our debts, he tells Aaron Task in the accompanying clip.

By “strangers” he is referring to our foreign counterparts, like China for example. Basically, for years Americans have spent their hard-earned dollars on less-expensive Chinese made goods. With great gratitude, China turned around and used all those dollars to buy up U.S. Treasuries and other dollar-denominated assets.

But now after years of reckless spending, America’s debt level is nearing a breaking point and can no longer rely on foreign capital as a last resort.  “When a country reaches a certain debt level, confidence in that country’s ability to repay that debt becomes jeopardized,” says Gross, citing the work of Ken Rogoff and Carmen Reinhart in This Time Is Different.

The Way Forward...And Your Pocketbook

The budget crisis situation unfolding - at the state and federal government level - does not bode well for working men and women in this country. There are really only two choices, says Gross.  And, neither favors your pocketbook:

    * Option #1 – Keep spending and do nothing

    * Option #2 – Balance our budgets by cutting entitlements

House Republicans ran and won on a platform to cut $100 billion from the budget this year and last month managed to pass legislation that would strip $61 billion in spending.

But for President Obama and Congressional Democrats, those cuts go way too far at a time when the country is still struggling to recover from the worst recession since the Great Depression. Goldman Sachs and Bill Gross agree and have warned that cutting too much could stifle growth. (See: Gross "self sustaining" clip)

Meanwhile, neither side has gotten serious about reforming entitlement programs like Social Security and Medicare, which account for more than a third of Uncle Sam's budget.

If the country cannot come to grips and cut back on entitlement programs, U.S. debt will continue to grow and governments around the world will loose faith in the U.S. dollar. Foreign goods would become more expensive, says Gross, while our standard of living would drop.

Under the second option, if entitlement programs are cut, many Americans would naturally have to learn to live on less and take a hit to their standard of living.

“There is really no way out of this trap and this conundrum at this point,” says Gross. From an investment perspective his advice is to stay clear of “bonds in dollar denominated terms” and to be “wary of higher interest rates going forward.” (See: Gross "Most Overvalued" clip)

Finance Yahoo

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