The Betrayal

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Saturday, January 21, 2012

The McClellan/Obama Citizenship Debate and the Natural Born Citizen Clause

The McClellan/Obama Citizenship Debate and the Natural Born Citizen Clause

By Mario Apuzzo, Esq.
January 21, 2012



George B. McClellan


Dr. Conspiracy likes to give the appearance of being an unbiased scholar in pursuit of the truth regarding whether putative President Barack Obama is a “natural born Citizen.” He has also created an internet persona of being a champion of civil rights. He has even gone as far as to take the unabashed position that most people who question Obama’s “natural born Citizen” status are racists. To date, he has made no apologies for his outlandish position.

At his blog, http://www.obamaconspiracy.org/2012/01/mcclellans-citizenship/ , Dr. Conspiracy has posted a story published in The Boston Globe on November 9, 1903, entitled “McClellan’s Citizenship. Question of Eligibility for Presidency.” The story can be read at http://www.obamaconspiracy.org/wp-content/uploads/2012/01/McClellan.pdf .  The story is about whether George B. McClellan, then newly-elected Mayor of New York City, but who was born in Europe to U.S. citizen parents (his father was Civil War General McClellan), was a “natural born Citizen” and therefore eligible to be President. By looking at his picture posted by Dr. Conspiracy, Colonel McClellan was surely white, but yet American citizens raised the question of whether he was a “natural born Citizen.” Note that Dr. Conspiracy does not tell us that even though McClellan was white (and so was John McCain and George Romney who were also challenged), he was challenged by presumably other whites on his eligibility to be President. So I guess that it is after all possible to challenge a political candidate on his eligibility for a particular office without being motivated by race.
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Tags: Mario Apuzzo, eligibility by David-Crockett
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Having the Status of Birthright Citizenship Is Not Sufficient to Make One an Article II “Natural Born” Citizen

By: Mario Apuzzo, Esq.
September 20, 2011


Horace Gray, Associate Justice of the U.S. Supreme Court



I just read an article regarding a debate going on in Liberia about Presidential and Vice-Presidential eligibility requirements. The issue is whether the residency has to be immediately before the election. The article may be read at http://allafrica.com/stories/201109200851.html.

The President or Vice-President eligibility requirements in Liberia are: (1) being a natural born citizen 35 years or more, (2) 10 years residence in Liberia 10 years prior to elections; (3) owner of unencumbered real property worth not less than 25,000; and (4) President and Vice-President must not come from the same county.

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Attorney Mario Apuzzo on the Terry Lakin Action Fund Radio Hour
By: Mario Apuzzo, Esq.
September 11, 2011

Please listen to David Moxley’s interview of Attorney Mario Apuzzo. Mr. Moxley’s interview was done for TLAF (Terry Lakin Action Fund) Radio Hour and pre-recorded on Friday, September 9, 2011. Attorney Apuzzo discusses Obama’s Article II eligibility, the meaning of an Article II “natural born Citizen,” and the state of the political and legal battles to bring the issue of Obama’s eligibility to justice. [Read more →]

Tags: Lt. Col. Terry Lakin, Mario Apuzzo by David-Crockett
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By: Mario Apuzzo, Esq.

The Framers of the Constitution called all those who made up the citizenry of the new Constitutional Republic “Citizens of the United States.” We know this from reading the following constitutional Articles:  Article I, Section 2, Clause 2 provides that, in addition to being at least 25 years old and when elected to be an “Inhabitant” of the State in which he shall be chosen, a Representative must be a “Citizen of the United States” for 7 years. Article I, Section 3, Clause 3 provides that, in addition to being at least 30 years old and when elected to be an “Inhabitant” of the State in which he shall be chosen, a Representative must be a “Citizen of the United States” for 9 years. The Framers provided in Article I, Section 2 and Section 3 the eligibility requirements for then and future Representatives and Senators, respectively, which were, among other things, that each had to be at least a “Citizen of the United States” for 7 and 9 years, respectively. We also know from Article I, Section 2 and Section 3 that a “Citizen of the United States” is a naturalized citizen, for those sections speak of the person being eligible for the offices of Representative and Senator if he or she is a “Citizen of the United States” for 7 and 9 years, respectively. Clearly, such requirements do not mandate U.S. citizenship from the moment of birth.

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Natural Born Citizen - A Place to Ask Questions and Get the Right Answers published:
Why Doesn’t Obama and the State of Hawaii Release Real Evidence of Obama’s Alleged Birth in Hawaii?

By: Mario Apuzzo, Esq.
May 21, 2011

We have seen many on-line presentations showing the American public that Obama’s recently released alleged long-form Certificate of Live Birth is a forgery. It is now time for Obama to release real evidence of his alleged birth in Hawaii. That real evidence is medical evidence.

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Obama Releases His Alleged Long Form Certificate of Live Birth But He’s Still Not a Natural Born Citizen

On December 20, 2008, I published an essay entitled, The Two Constitutional Obstacles that Obama Has to Overcome to Be President, accessed at http://puzo1.blogspot.com/2008/12/two-constitutional-obstacles-obama-has.html.  I explained that Obama has to first conclusively show that he was born in Hawaii. Having done that, he must still show that he is an Article II “natural born Citizen” which is a child born in the country to citizen parents. I also explained that Obama may be able at some point to show that he was born in Hawaii, which would make him a “citizen” under the Fourteenth Amendment, but that he would not be able to show that he is an Article II “natural born Citizen.”

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Tags: Long form BC, Mario Apuzzo, Natural Born Citizenship, Natural Born Presidency, long-form hoax?, natural born citizen by David-Crockett
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New Wash Times Ad: Whose CT Social Security Number is President Barack Hussein Soetoro Obama Using? Washington Times National Weekly in 25 Apr 2011 issue - pg 5

http://www.scribd.com/doc/53819158/Whose-CT-SSN-is-President-Barack-Hussein-Soetoro-Obama-Using-Wash-Times-Natl-Wkly-25-Apr-2011-pg-5

Federal lawsuit* accuses putative President Obama is fraudulently using a Social Security Number which is legally not his and which was issued only to residents of the State of Connecticut, a state where Obama never legally resided and certainly not during the time frame of circa 1977 when that SSN was issued!

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Tags: Mario Apuzzo, Obama social security numbers by David-Crockett
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The Independent.ie Calls the Birthers “An Ardent Group of Radicals”

By Mario Apuzzo, Esq.
March 20, 2011

I just read the following article at Independent.ie. Its web site says that it is “Ireland’s number one news and information portal.” It adds that it “provides up to the minute news content and services to a global audience.” Independent.ie is part of Independent News & Media PLC, a leading international newspaper and communication group. Its web site has this to say about the group:

“Independent News & Media PLC [INM] is a leading international newspaper and communications group, with its main interests in Australia, India, Ireland, New Zealand, South Africa and the United Kingdom. Spanning four continents, 10 major markets and 22 individual countries, INM has market-leading newspaper positions in Australia (regional), India, Indonesia, Ireland, New Zealand and South Africa. In the United Kingdom, it publishes the flagship national title, The Independent, as well as being the largest newspaper group in Northern Ireland.

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Tags: Mario Apuzzo by David-Crockett
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The States Have the Constitutional Power to Pass Legislation Prescribing Presidential Ballot Access Requirements Including Determining Whether a Candidate Meets the Eligibility Requirements of Article II, Section 1, Clause 5

by Mario Apuzzo, Esq.
March 11, 2011

Article II, Section 1 of the U.S. Constitution tells us that the Electoral College is the mechanism used to elect the President. 3 U.S.C. Sec. 4. Article II, Section 1 also tells us how the Electoral College is filled. It says that the states shall appoint the electors who will make up the Electoral College, determining the manner of electing them and the quantity to be elected. The rest of Article II, Section 1 was changed by the Twelfth Amendment which now prescribes how the voting is done, the votes are tallied and transmitted to Congress, and Congress confirms those votes and declares who shall be President. Further state authority over federal elections is found in Article I, Section 4, Clause 1, which delegates to the state legislatures the initial authority for the “Times, Places and Manner” of elections to Congress, with Congress having residual authority to make such regulations. Hence, the Constitution gives to the states the authority over federal elections and specifically to appoint its electors and decide how their votes are processed for the purpose of determining who shall be President. There is therefore no question that states have the power to run their own presidential and vice-presidential elections. Storer v. Brown, 415 U.S. 724, 730 (1974) (the Election Clause, Article I, Section 4, Clause 1 which applies to Congress was intended to grant states authority to protect the integrity and regularity of the election process by regulating election procedure). As part of that process, states must also have the authority over who shall be placed on any ballot to run for president and vice-president.

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Tags: Mario Apuzzo, Natural Born Citizenship, natural born citizen by David-Crockett
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Mike Huckabee Has Failed Concerned Americans On the Obama Eligibility Issue

I was listening to 770 AM radio this afternoon and heard former Arkansas Governor Mike Huckabee tell Aaron Klein on Klein’s WABC radio show that there is no need for state legislation to make sure future presidential candidates are born in the U.S. and therefore eligible for that office. He said that such laws could be viewed as an attack on Obama. When asked by Klein if any such laws are necessary, Huckabee said:

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Tags: Mario Apuzzo, Mike Huckabee, Natural Born Citizenship, natural born citizen by David-Crockett
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The States Have a Right and Duty to Assure Their Citizens That a Presidential Candidate Is an Article II “Natural Born Citizen”

By Mario Apuzzo, Esq.
March 2, 2011

The Founders and Framers did not set up a monarchy in the new nation that they created. Rather, they created a republic. A republic is a state in which all the people, except those disqualified by law, have a say and opportunity to participate in the administration of the nation and its government and elect representatives to operate their government. Republican government is a government by the people. It is operated by representatives chosen by the people. So through their representatives, the people administer their government. Black’s Law Dictionary 1171 (5th ed. 1979). It therefore becomes critical in a republic with a self-representative form of government that, for the sake of their well-being and self-protection, the people know for whom they are voting and that, in the case of the President, that that person is eligible under Article II of the Constitution to assume the powers of that office should he or she win the election. After all, citizens, who under our form of government are to consent to their government’s existence, should know in advance that their vote will count and not be cast for a person who will not qualify for the Office of President or worst yet, that their vote will be cast for someone who should take by usurpation the great and singular powers of that office while not being eligible to do so.
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Tags: Mario Apuzzo, Natural Born Citizenship, natural born citizen by David-Crockett
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Arizona’s Proposed Interstate Birth Certificate Compact Law Is Both Unconstitutional and Contrary to the Best Interests of the United States

Arizona is considering passing a law that, among other things, would allow a child born in the U.S. to one or two alien parents to be recognized as a “natural born Citizen.” Such a law would be passed in error. Apart from the proposed law being unconstitutional for violating the Supremacy Clause and the Pre-emption Doctrine, a law that recognizes an Article II “natural born Citizen” as including a child born in the U.S. to one or two alien parents would be contrary to what the Founders and Framers designed as a national security safeguard for the Offices of President and Commander in Chief of the Military. In this article, I will address only that part of the proposed law that attempts to define what an Article II “natural born Citizen” is and specifically that part of the law that includes as an Article II “natural born Citizen” a child born in the U.S. to one or two alien parents. In a follow up article, I will address the other parts of the proposed law that I will show are also unconstitutional.
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Tags: Arizona, Mario Apuzzo, SB1308 by David-Crockett
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Ad - Obama Ineligible! 21 Feb 2011 issue Washington Times National Weekly edition - page 5.

http://www.scribd.com/doc/49213761/Obama-Ineligible-21-Feb-2011-Washington-Times-National-Weekly-edition-pg-5

Citizen maybe, but NOT a “natural born Citizen” of the United States.

Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a “natural born Citizen” to constitutional standards. Obama’s father was NOT a U.S. Citizen. Obama’s father was not an immigrant to the United States. Obama’s father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama’s paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama’s maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.
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Tags: Eligibility Crisis, Mario Apuzzo, eligibility by David-Crockett
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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.

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Tags: Mario Apuzzo by David-Crockett
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Biased Media Reporting on the Meaning of an Article II “Natural Born Citizen,” by Mario Apuzzo, Esq.

I just read an article at Multi-American written by Leslie Berestein Rojas on February 8, 2011, entitled, “First Arizona anti-birthright citizenship bills falter in state Senate,” at http://multiamerican.scpr.org/2011/02/first-arizona-anti-birthright-citizenship-bills-falter-in-senate/. The article says: “State Senate legislation in Arizona that sought to deny automatic U.S. citizenship to children born to undocumented immigrants failed to register enough support in a committee hearing late yesterday, leading its sponsor to pull the two bills, at least for now.” The article then says that the Arizona Daily Star reported: “There were also several children who spoke against the bill, including 12-year-old Heide Portugal who said she was born in this country but her parents were not and that a measure like this, had it been in effect, would have denied her citizenship.” This writer did not state her personal opinion as to what type of U.S. citizenship this child has.
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Tags: Mario Apuzzo, Natural Born Citizenship, natural born citizen by David-Crockett
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