Shag, I thought that to be an 'originalist' you were really were only allowed to take into account the 'atmosphere' that was prevalent during the framing
Originalizm has absolutely nothing to do with the"'atmosphere' that was prevalent during the framing".
It has everything to do with the original text of the law, and the text of the reasoning and justification for the law at the time of it's passing and/or how the law was generally understood at the time of it's passing (depending on type of originalism you are looking at).
Since the 14th amendment never defines natural born citizen - any discussion regarding it's authors or their viewpoints really has no relevance. You can use the actual law that was passed, but not some asides they had while writing the text of the amendment. The 14th does not address Natural Born Citizen point, nor redefines it - so it reverts back to the definitions of the founding fathers. The authors of the 14th had their opportunity to define it, they didn't. We need to remember this. They do not, by mere inference, overrule what the founding fathers have written. Once again this point is moot, if you are going to keep claiming 'originalist' Shag. What these men thought doesn't come into argument here, their mere thoughts are considered 2nd place to the thoughts and ideals of the framers.
Now you want to only look at laws that actually say anything about the idea of natural born citizen?! That is rather selective and inconsistent of you.
The whole point of looking at what the qualifications for citizenship at birth(which the Congress did effectively define in the 14th amendment, and in the quotes I cited showed that they viewed as clarifying and codifying what had historically already been understood in America). Keep in mind that the 14th amendment was proposed on June 13, 1866, and ratified on July 9, 1868, so the people writing, proposing and voting on it were only 3 to 4 generations removed from the Framers, at best. They likely had a view closer to what the Framers intended then we do today.
The standards for citizenship at birth are clear, and they are as spelled out in the 14th amendment. The big qualifing factor is not weather you are born on U.S. soil or not, as you can be born on non-U.S. soil and be a citizen from birth. The big factor is being under the jurisdiction of the U.S., and that had a specific understanding at the time of the Amendment's creation. That is why the Amendment as viewed at the time of it's creation and ratification excluded not only Native Americans but, “persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers.”
Clearly, as set out in the 14th Amendment, simply being born on U.S. soil does not make you a U.S. citizen.
The whole question here is weather the qualification for being a "natural born citizen" is the same as being a "native born citizen" (or citizen at birth") or if it is greater. Now you are trying to argue that the qualification for being a "natural born citizen" is less then that of being a native born citizen?! That is not even an option!
Here is an interesting quote from
this link:
Could a natural-born citizen simply mean citizenship due to place of birth?
Unlikely because we know one can be native born and yet not a native born citizen of this country prior to the year 1866. There were even disputes whether anyone born within the District of Columbia or in the territories were born citizens of the United States (they were referred to as “inhabitants” instead.) National Government could make no “territorial allegiance” demands within the several States because as Madison explained it, the “powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
Jurisdiction over citizenship via birth within the several States was part of the “ordinary course of affairs” of the States that only local laws could affect. Early acts of Naturalization recognized the individual State Legislatures as the only authority who could make anyone a citizen of a State. Framer James Wilson said, “a citizen of the United States is he, who is a citizen of at least some one state in the Union.” These citizens of each State were united together through Article IV, Sec. II of the U.S. Constitution, and thus, no act of Congress was required to make citizens of the individual States citizens of the United States.
And another quote from the article:
Additionally, if the framers merely intended for birth alone on U.S. soil then all would had been necessary was to say the President shall be “native born.”
Clearly, the qualification as understood by the Framers for being a natural born citizen was
greater then being a native born citizen. Now you are trying to argue that it is less...
Jay's quote - he didn't elaborate on the statement. Usually when this happens in constitution discussion it is taken to mean that the term was in usage already, and defined in current American or British Law.
Again, that is questionable at best. Just because there was a british law doesn't mean that it applied in American at al. and even if it did apply here, it is unclear weather it applied in the same manner or to the same degree.
The only use of British common law is when it comes to terminology and concepts. British law never had the idea of "natural born citizen" in any law. They had the idea of "natural born
subject". The are different things.
another quote from that link:
It is very doubtful the framers adopted the doctrine found under the old English doctrine of “natural-born subject.” The British doctrine allowed for double allegiances, something the founders considered improper.
Framer Rufus King said allegiance to the United States depended on whether a person is a “member of the body politic.” King says no nation should adopt or naturalize a person of another society without the consent of that person. The reason? Because “he ought not silently to be embarrassed with a double allegiance.”
The powers of the general government were limited and defined, preventing Congress from exercising the same kind of sovereignty that Britain had over its claimed dominions within established States of the Union.
Under the old English common law doctrine of natural-born subject, birth itself was an act of naturalization that required no prior consent or demanded allegiance to the nation in advance. Furthermore, birth was viewed as enjoining a “perpetual allegiance” upon all that could never be severed or altered by any change of time or act of anyone. England’s “perpetual allegiance” due from birth was extremely unpopular in this country; often referred to as absurd barbarism, or simply perpetual nonsense. America went to war with England over the doctrine behind “natural-born subject” in June of 1812.
Because Britain considered all who were born within the dominions of the crown to be its natural-born subjects even after becoming naturalized citizens of the United States, led to British vessels blockading American ports. Under the British blockade, every American ship entering or leaving was boarded by soldiers in search of British born subjects. At least 6,000 American citizens who were found to be British natural-born subjects were impressed into military service on behalf of the British Empire, and thus, the reason we went to war.
Hamilton's statement does go to the discussion of natural born citizen. His draft included the statement 'unless he be now a citizen of one of the States, or hereafter be born a Citizen of the United States.'
Now you are countering yourself from earlier
in the same post when you said that the 14th amendment should be disregarded because it doesn't define what a "natural born citizen" is!
You can't have it both ways.
Even if you allow both, it is clear by the Framers actions that they had a different idea of why type of citizenship should be required for the president., because they changed it.
Hamilton was concerned that the statement 'natural born citizen' would disqualify future candidates on the 'born on US soil' definition at the time, and only about that, not about parentage.
you are once again speculating based on false assumptions. As I have pointed out countless times in this thread, the basis for citizenship was never simply being born on U.S. soil! The Framers in fact rejected that idea (
jus soli) in favor of a combination of
jus soli and
jus sanguinis leaning more heavily to
jus sanguinis.
And since Obama was born on US soil - the whole thing about any law about parentage is not applicable.
not really, especially considering the the circumstances and the fact that he needs to be a "natural born citizen" and not just a "native born citizen".
There isn't any proof that Obama didn't provide proof
What?
so now you are requiring someone to prove a negative in this debate?
This sounds like fallacious
negative proof argument.
there is actually proof that he did - his name on the ballot.
At best it is indirect proof; and as such, for it to be considered proof, the other reasonable possibilities need to be logically excluded. Unless you can do that, you are making an assumption and a huge logical leap.
I asked for a source that has had Obama's birth certificate in their hand and declared it a forgery, invalid, wrong, whatever. I have looked and that hasn't ever appeared on this site, in link form or any other form. All of the speculation (and it is speculation if you don't actually have the document to review) is based on pictures on the internet. Not one of Bryan's sources has held the document.
They don't need to "physically hold the document" to prove it is a fake. You are dishonestly
moving the goalposts here.
If that is the standard, then all team Obama has to do is only release it so sources that are friendly to it.
Heck - did you know that one of your favorite sites - World Net Daily authenticated the birth certificate?
They didn't authenticate it by your standard that you just gave. There is no indication that they ever "held the document in their hands", or physically "had the document to review". So, by the standard you gave in the same post, WND is basing their authentication on nothing more then speculation.
Another double standard, it seems. Care to try to justify it?
The whole "fake COLB" is really Bryan's area, but I will make a couple points.
The COLB on Daily Kos and FactCheck cannot be considered in any way legally authentic because they are altered (they have portions blacked out). For any COLB to be considered authentic, they cannot be altered in any way (it says so right on the COLB). Anyone who says that those COLB's are authentic is talking out their @$$.
Also, the
"verification" does not mean that Obama was is an American citizen, let alone a natural born citizen. Here is what the Department of Health director actually said:
I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawaii State Department of Health has Sen. Obama's original birth certificate on record in accordance with state policies and procedures.
It is well known that
Hawaii issues birth certificates to babies not born in Hawaii:
Certificates for children born out of State. (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child
All the announcement ever stated was the the Birth Certificate was on file. It never said what was on it. So to claim that because they certified it means that Obama is an American Citizen is an absurd leap in logic.
Also from
this link:
1. Under Hawaiian law, it is possible (both legally and illegally) for a person to have been born out of state, yet have a birth certificate on file in the Department of Health.
A. From Hawaii's official Department of Health, Vital Records webpage: "Amended certificates of birth may be prepared and filed with the Department of Health, as provided by law, for 1) a person born in Hawaii who already has a birth certificate filed with the Department of Health or 2) a person born in a foreign country" (applies to adopted children).
B. A parent may register an in-state birth in lieu of certification by a hospital of birth under HRS 338-5.
C. Hawaiian law expressly provides for registration of out-of-state births under HRS 338-17.8. A foreign birth presumably would have been recorded by the American consular of the country of birth, and presumably that would be reflected on the Hawaiian birth certificate.
D. Hawaiian law, however, expressly acknowledges that its system is subject to error. See, for example, HRS 338-17.
E. Hawaiian law expressly provides for verification in lieu of certified copy of a birth certificate under HRS 338-14.3.
F. Even the Hawaii Department of Home Lands does not accept a certified copy of a birth certificate as conclusive evidence for its homestead program. From its web site: "In order to process your application, DHHL utilizes information that is found only on the original Certificate of Live Birth, which is either black or green. This is a more complete record of your birth than the Certification of Live Birth (a computer-generated printout). Submitting the original Certificate of Live Birth will save you time and money since the computer-generated Certification requires additional verification by DHHL."
2. Contrary to what you may have read, no document made available to the public, nor any statement by Hawaiian officials, evidences conclusively that Obama was born in Hawaii.
A. Associated Press reported about a statement of Hawaii Health Department Director Dr. Fukino, "State declares Obama birth certificate genuine."
B. That October 31, 2008 statement says that Dr. Fukino "ha personally seen and verified that the Hawai'i State Department of Health has Sen. Obama's original birth certificate on record in accordance with state policies and procedures." That statement does not, however, verify that Obama was born in Hawaii, and as explained above, under Hawaiian policies and procedures it is quite possible that Hawaii may have a birth record of a person not born in Hawaii. Unlikely, but possible.
C. The document that the Obama campaign released to the public is a certified copy of Obama's birth record, which is not the best evidence since, even under Hawaiian law, the original vault copy is the better evidence. Presumably, the vault record would show whether his birth was registered by a hospital in Hawaii.
D. Without accusing anyone of any wrongdoing, we nevertheless know that some people have gone to great lengths, even in violation of laws, rules and procedures, to confer the many benefits of United States citizenship on themselves and their children. Given the structure of the Hawaiian law, the fact that a parent may register a birth, and the limited but inherent potential for human error within the system, it is possible that a parent of a child born out-of-state could have registered that birth to confer the benefits of U.S. citizenship, or simply to avoid bureaucratic hassles at that time or later in the child's life.
1. We don't know whether the standards of registration by the Department of Health were more or less stringent in 1961 (the year of Obama's birth) than they are today. However, especially with post-9/11 scrutiny, we do know that there have been instances of fraudulent registrations of foreign births as American births.
2. From a 2004 Department of Justice news release about multiple New Jersey vital statistics employees engaged in schemes to issue birth certificates to foreign-born individuals: "An individual who paid Anderson and her co-conspirators for the service of creating the false birth records could then go to Office of Vital Statistics to receive a birth certificate . . . As part of the investigation, federal agents executed a search warrant of the HCOVS on Feb. 18, 2004, which resulted in the seizure of hundreds of suspect Certificates of Live Birth which falsely indicated that the named individuals were born in Jersey City, when in fact, they were born outside the United States and were in the United States illegally . . . Bhutta purchased from Goswamy false birth certificates for himself and his three foreign-born children."
3. Even before 9/11, government officials acknowledged the "ease" of obtaining birth certificates fraudulently. From 1999 testimony by one Social Security Administration official: "Furthermore, the identity data contained in Social Security records are only as reliable as the evidence on which the data are based. The documents that a card applicant must present to establish age, identity, and citizenship, usually a birth certificate and immigration documents-are relatively easy to alter, counterfeit, or obtain fraudulently."