Saturday, March 14, 2009
In the words of the Declaration of Independence:
"When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, - That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."
From these fundamental truths we can see that safety and happiness are the essence of life and liberty. If life and liberty are themselves unalienable rights, so must be its essence, safety and happiness. It is also clear from these truths that government obtains its power to govern from the consent of the governed and that the people consent to give that power to a government for the sole purpose of having that government protect their safety and happiness. It is also a fundamental truth that when the people give their consent to the government to govern them, they have entrusted that government with the protection of their safety and happiness.
The people spoke when THEY drafted the Constitution. Among other things, in Article II they proclaimed what will be the qualifications to be President. One of these qualifications is that the President be a “natural born Citizen.” The people therefore gave to a would-be President their consent that he govern and protect them, provided that, among other things, the President meets that necessary qualification for the office, all this so that once in power that President can protect the people’s safety and happiness. Our Constitution shows that the people would not give their consent to govern to any would-be President if that President is not so qualified and therefore constituted so as to protect their safety and happiness.
A putative President who would desire to sit in the Office of President without the trust and consent of the people surely cannot reasonably claim that the people have given that trust and consent to him to govern and protect them, for if the putative President has not met the people’s Constitutional qualification test, how can he claim that he has the people’s trust and consent to govern and protect them? If the sole purpose of the people’s government is to protect their safety and happiness, and if the people have not given that government their trust and consent to govern them, then it only follows that the people have not put their trust in that government to protect their safety and happiness. A government which does not have the people’s trust and consent to govern them cannot continue to do so, for it does not have the people’s permission or warrant to protect their safety and happiness. The people have a right to remove that putative President from power if they have not given him their trust and consent which he needs to claim that he is legitimately protecting their safety and happiness. If the people are compelled to live with a putative President in power who has not received their trust and consent to govern and protect them, then that would-be President and government that would allow that usurper President to illegitimately stay in power have violated the people’s unalienable rights to safety and the pursuit of happiness.
Mario Apuzzo, Esq.
P.S. Please feel free to join the discussions and comments in this forum about the subject of the Natural Born Citizenship clause in Article II of our Constitution by [Clicking Here].