According to Vattel, neither candidate for president in 2008 was qualified under our constitution to hold that office because they were not “natural born citizens”.And, that would apply to Marco Rubio as well. So, who is Vattel and why should we care what he thinks? I will get to that in a moment. Now, before you tune me out thinking that I am dredging up the “birther” issue again and bringing shame on the conservative movement, I am not. I know full well that Barack Obama, John McCain, and Marco Rubio are all citizens of the United States of America. However, none of them are “natural born” citizens, which is according to our constitution a prerequisite to be President. And, yes, I know that the court spoke to this back in 2008 saying both Obama and McCain were qualified to be president. Well, I’m not impressed by that and neither should you be. Let me explain.
When judges interpret law, it is their responsibility to review the “original intent” of those that wrote the law. Sadly, our history is rife with examples of judges ignoring the original intent of laws. Just recently four Supreme Court Justices along with Chief Justice Roberts ignored the original intent of those that wrote the health care law. We all know that Harry Reid, Nancy Pelosi, and Barack Obama intentionally did not call the penalty in the health care law a tax. So, no, I am not impressed by the fact that the court has spoken and said that the above named persons are qualified under our constitution to be President of the United States.
Who is Vattel and why should you care?
Emer (Emerich or Emmerich) de Vattel (25 April 1714 – 28 December 1767) was a Swiss philosopher, diplomat, and legal expert whose theories laid the foundation of modern international law and political philosophy… He is most famous for his 1758 work …The Law of Nations or the Principles of Natural Law Applied to the Conduct and to the Affairs of Nations and of Sovereigns
Plubius Huldah explains in detail why Emer Vattel’s Law of Nations was so important. She explains how Benjamin Franklin obtained copies of the Law of Nations and how much the Founders relied on it and used it in their writing of our constitution. The term “natural born citizen” comes from Vattell’s work. A “natural born citizen” is defined as a person born in the United States to parents who were both United State citizens. By that definition, Barack Obama, John McCain, and Marco Rubio are not natural born citizens and , therefore do not qualify under our constitution to be President of the United States in spite of what the courts say. Ms. Huldah quotes the constitution:
Article II, §1, cl. 5, U.S. Constitution, requires the President to be a “natural born Citizen”.
The term “natural born citizen” in our constitution was not a slip of the tongue, sort of speak. It had a very clear meaning to our Founders. Ms. Huldah quotes George Washington at the Federal Convention:
“…Permit me to hint, whether it would not be wise & seasonable to provide a strong check to the admission of foreigners into the administration of our national government and to declare expressly that the Command in Chief of the american army shall not be given to, nor devolve on, any but a natural born Citizen…”
She also explains how the Founders exempted themselves and all residents of the colonies from this clause. It was necessary because all residents of the colonies were born subjects of the King of England.
According, Art. II, §1, cl. 5 was drafted to read:
“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.” [boldface added]
So, where am I going with this? I am not suggesting that we have the constitutional right to throw Barack Obama out of office and nullify every thing he has done. That would be preposterous. The courts spoke, however erroneously, and the people elected Barack Obama. It was a mistake. And, it would have been just as much of a mistake if the people had elected John McCain. And, it will be a mistake if the people should elect Marco Rubio to be Vice President.
So, what am I suggesting we do? Nothing. To challenge this issue at the Supreme Court under its current make-up would be, in my opinion a waste of time. Until there are more strict constitutionalist on the Court, we will have to live with things as they are.
I suppose that my reason for writing this post is that I am tired of being ridiculed by other conservatives for defending the “natural born citizen” clause and I thank Plubius Huldah for vindicating my long-standing position.
Well, that’s what I’m thinking. What are your thoughts?