Based on new questions
about whether Senator Kamala Harris is a “Natural Born Citizen,” eligible to
serve as president, Republican U. S. Senate candidate Andy Martin explains the
origins of the Natural Born Citizen Clause in the U. S. Constitution and
discusses how the NBC Clause applies to former President Obama, President Trump
and Senator Harris. Andy is credited with creating the “Birther” movement
because of his efforts to seek access to candidate Barack Obama’s birth
certificate. Andy has been an adjunct professor of law and a recognized
constitutional scholar in federal and state courts. He is a candidate in the
2020 New Hampshire U. S. Senate primary.
ANDY
MARTIN /2020
Republican
for U. S. Senator
New
Hampshire
www.AndyMartin2020.com
www.AndyMartin.com
www.FirstRespondersOnline.us
Headquarters:
E-mail:
AndyforUSSenator@aol.com
P.O.
Box 742
Manchester,
NH 03105-0742
Cellphone: (347) 960-9593
Fax
(866) 214-3210
Blogs:
www.AndyMartin2020.blogspot.com
www.AndyMartin2020.wordpress.com
August 15, 2020
FOR IMMEDIATE RELEASE:
Dear Granite State Voter:
Sixteen years ago, I created the anti-Obama “Birther” movement. Only I
wasn’t a Birther myself. My scholarly research into Obama’s origins began with
news conferences that exposed Obama’s “life story” as largely a fraud (please
see link [1] below). Sixteen years later, The Atlantic Magazine again confirmed
my creation of the Birther movement (please see link [2] below).
What I began as fact-based investigation took on an independent life as
people like Donald Trump appropriated my research and fictionalized it for
their own purposes. I never suggested Obama was born in Kenya. That theory was
nonsense. I never suggested Obama was born anywhere but Honolulu. There was no
credible evidence to support the claim. Nevertheless, the media went on
accusing me of being the founder of the Birther movement.
In 2018, Adam Sexton of WMUR-TV, who had over a decade to research the
question he posed to me in a televised debate, falsely accused me of creating doubt
about where Obama was born. Sexton was either lying or incompetent. I had never
questioned where Obama was born. I just wanted a copy of the birth certificate.
I remember once in Hawai’i having a phone call with one of my readers. I
told her my scholarly integrity prevented me from lying about the facts of
Obama’s origins. She laughed and said, “We love you Andy because you stick to the
facts and tell the truth. But then we add a few ornaments to suit our own purposes.”
Such is life. We own our own words; but we do not own what others make of them.
The focus of my inquiry was always seeking access to examine Obama’s
original birth certificate (please see link [3] below for the original 2008
court order).
What I did accomplish, at a time when little was known about Obama’s origins,
and when most of his own “autobiography” was fiction, was to relentlessly focus
on Obama’s murky family history. In that I succeeded admirably. The Birther
movement has become in the minds of left-wing media the largest “conspiracy theory”
in history. There was no conspiracy on my part; just the facts and evidence.
I did not have the sheer media power to force Obama to release what Obama
claimed was his original birth certificate. Donald Trump did force Obama’s
hand.
Even after Obama was elected, I continued to organize opposition to
Obama taking office, triggering challenges to his formal election in the
Electoral College. I am still fighting to expose Obama because he remains the
greatest political fraud in American history.
So, what does all of this have to do with Kamala Harris in 2020? The
same legal issues that I wrote about in 2007-2008, raising questions about the “Natural
Born Citizen Clause” in the Constitution, apply as much to Harris as they did
to Obama. My constitutional analysis is not a conspiracy theory and it is not a
racist attack. My scholarly research was and is firmly grounded in American
constitutional history.
And so, more than a decade later, I am repeating what I wrote about
Obama because it clearly applies to Kamala Harris and – surprise – even President
Trump himself.
Please bear with me. The concepts are a little complicated but I will
try to make them understandable.
1. Why was the “National Born Citizen Clause” put in the
Constitution?
America today is the great global colossus. Because most of us are ignorant
about American history, we have no idea what a puny, vulnerable nation the “United
States of America” was in 1789. While popular history focuses on colonists
fighting British forces and King George of England, much of the American-born
and immigrant stock was of German origin, particularly once you left the
coastal cities. The drafters of the Constitution, well-aware that
German-speaking Americans were prevalent, worried that a German Prince would
come to America and father a child to establish Germanic hegemony of the new
nation.
2. Did the term “natural born citizen” have a specific meaning in
1789?
Section 1 of Article 2 of the Constitution requires that a president or
vice president be a “natural born citizen.” The term is not defined, so we have
to look at constitutional law and theory in 1789 to determine if the term had
an understood meaning. It did.
We start with the canon of constitutional construction that in constitutional
documents, all words have meaning; words are not inserted in a constitution without
an intended purpose. The NBC Clause was intentionally inserted in the
Constitution.
Under commonly understood legal theory in 1789, a natural born citizen had
both parents born in the United States. Being born yourself in the U. S.
made you a “citizen.” But you were “natural born,” and therefore eligible to
serve as president, only if both of your parents had also been born in the U.
S. That is how the founders intended to prevent foreigners from coming to the
U. S. and procreating a baby who would then be eligible for the presidency. The
“both parents had to be born in the U. S.” clause was intended to be a
significant barrier to eligibility.
3. Did the Fourteenth Amendment silently amend the Constitution?
The Fourteenth Amendment and the Supreme Court’s “Citizenship Cases” gave
the Fourteenth Amendment a broad sweep. But did the Congress that drafted the Fourteenth
Amendment intend to nullify the “natural born citizen” requirement of Article
2, Section 1 of the Constitution? As a conservative, I would say “no.” The NBC
Clause is still in effect, albeit not enforced. The Fourteenth Amendment makes
you a “citizen” if you were born in the U. S. but it does not make you a “natural
born citizen” under the language and usage in 1789.
4. Is the Natural Born Citizen Clause enforceable?
If the NBC Clause is still there, can anyone enforce it? Probably not.
In 2008 there were lots of lawsuits seeking to litigate NBC Clause issues. All
of them failed. The courts have created a “wall” around the NBC Clause, to the
point that no one has a right to go to court and enforce it.
5. So is Kamala a natural born citizen?
If you apply the term as it was adopted and understood in 1789, no, she
is not. Both of her parents were born outside the United States.
But what if one parent was born in the United States? President Trump’s
mother was born in Scotland; does his citizenship fail because he is only 50% natural
born (through his father)? Obama’s mother was clearly born in the U. S. Did his
50% natural born status satisfy the requirement? In both cases, there is no
legal process to challenge their eligibility.
6. Is the Natural Born Citizen Clause debate racist?
Not at all. Over the decades, many potential and actual presidential candidates
have come under scrutiny because of where they were born or their parentage. As
noted above, the NBC Clause was originally intended to block German nobility from
coming to the U. S. and trying to create a German state or substate. The
Founders in 1789 had no intent to bar African-Americans through the NBC Clause.
So, the shrill complaints of guests on MSNBC and CNN, screaming that any invocation
of the NBC Clause is “racist,” are unfounded.
President Obama served 8 years in office despite the fact his alleged
father was a foreigner. I do not think that the Scottish birth of President
Trump’s mother should cause him to lose sleep he will be barred from office.
And Kamala Harris can probably rest easy that despite the renewed debate over
the NBC Clause, she will not be blocked from taking the oath of office if she
and Biden win.
I hope I have taken a complex constitutional issue and made it
understandable. You may disagree with me, but at least you understand the law
and history of the NBC Clause and you can judge for yourself.
Best wishes,
Andy
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LINKS TO THIS STORY: (cut and paste the entire link below and not just
the underlined portion):
[1]
http://www.freerepublic.com/focus/f-news/1189687/posts
[2]
https://www.theatlantic.com/ideas/archive/2020/05/birtherism-and-trump/610978/
[3]
https://contrariancommentary.wordpress.com/2008/10/30/hawaii-judge-sets-hearing-in-barack-obama-birth-certificate-lawsuit/
ANDY MARTIN - A BRIEF BIO:
Andy Martin is a legendary New Hampshire-based
muckraker, author, Internet columnist, talk television pioneer, radio talk show
host, broadcaster and media critic. With over fifty (50) years of background in
radio and television and with decades of intelligence, investigative and
analytical experience in Washington, the USA and around the world, Andy provides
insight on politics, foreign policy, military and intelligence matters. For a
full bio, go to: www.AndyMartin.com. See also
www.FirstRespondersOnline.us; www.BoycottABC.com/executive_director.htm
Andy has also been a leading corruption
fighter in American politics and courts for over fifty years and is executive
director of the National Anti-Corruption Policy Institute. www.AmericaisReadyforReform.com.
He holds a Juris Doctor degree from the
University of Illinois College of Law and is a former adjunct professor of law
at the City University of New York (LaGuardia CC, Bronx CC).
He is the author of “Obama: The Man Behind
the Mask” [www.OrangeStatePress.com] and produced the Internet film “Obama: The
Hawaii’ Years” [www.BoycottHawaii.com]. Andy is the Executive Editor and
publisher of the “Internet Powerhouse,” blogging at www.contrariancommentary.wordpress.com
and www.ContrarianCommentary.com.
Andy’s family immigrated to Manchester,
New Hampshire over 100 years ago; today his home overlooks the Merrimack River
and he lives around the corner from where he played as a small boy. He is New
Hampshire’s leading corruption fighter and Republican Party reformer.
UPDATES:
www.twitter.com/AndyMartinUSA
www.Facebook.com/AndyMartin
Andy’s opinion columns are posted at ContrarianCommentary.com, ContrarianCommentary.blogspot.com
and ContrarianCommentary.wordpress.com
[NOTE: We try to correct any typographical errors in our stories; find
the latest version on our blogs and don’t hesitate to let us know if you find an
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