It was Emer de Vattel in his, The Law of Nations, Or Principles of the Law of Nature (1758 French edition) (1760 first English edition), who defined for the Framers what an Article II "natural born Citizen" is. It was Vattel, who stated in Section 212: "The citizens are the members of the civil society: bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. . . ." Vattel, Section 212 (1797 London edition)(and as translated by the United States Supreme Court in Minor v. Happersett, 88 U.S. 162, 167-68 (1875) (repeating Vattel's definition without citing him); The Venus, 12 U.S. (8 Cranch) 253, 289 (1814) (Marshall, C.J., concurring) (cites Vattel’s definition of "natives or indigenes" which is later translated to "natives or natural born citizens"); Shanks v. Dupont, 28 U.S. 242, 245 (1830) (same definition without citing Vattel); Ex parte Reynolds, 1879, 5 Dill., 394, 402 (repeating Vattel's definition and stating in referring to his definition: "The law of nations, which becomes, when applicable to an existing condition of affairs in a country, a part of the common law of that country, declares the same rule. . . This law of nature, as far as it has become a part of the common law, in the absence of any positive enactment on the subject, must be the rule in this case. . . ."); United States v. Ward, 42 F.320 (C.C.S.D.Cal. 1890) (citing and quoting the same Ex parte Reynolds references to natural law, the law of nations, and Vattel); U.S. v. Wong Kim Ark, 169 U.S. 649 (1898) (citing and quoting Minor and its recitation of Vattel's definition of "citizen" and "natural born citizen").
Rep. John Bingham, in the House on March 9, 1866, in commenting on the Civil Rights Act of 1866 which was the precursor to the Fourteenth Amendment, repeated Vattel's definition when he said: "[I] find no fault with the introductory clause, which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen. . . . ” John A. Bingham, (R-Ohio) US Congressman, March 9, 1866 Cong. Globe, 39th, 1st Sess., 1291 (1866), Sec. 1992 of U.S. Revised Statutes (1866).
Obama fails to meet Article II's “natural born Citizen” eligibility test because when he was born in 1961 (where ever that may be), he was not born to a United States citizen mother and father. At his birth, his mother was an United States citizen. But under the British Nationality Act of 1948, his father, who was born in the British colony of Kenya, was born a Citizen of the United Kingdom and Colonies (CUKC) which by descent made Obama himself a CUKC. Prior to Obama’s birth, Obama’s father neither intended to nor did he become a United States citizen. Being temporarily in the United States only for purpose of study and with the intent to return to Kenya, his father did not intend to nor did he become even a legal resident or immigrant to the United States.
At best, Obama may be a plain born “citizen of the United States” under the 14th Amendment (if he was born in Hawaii). But he is not an Article II "natural born Citizen," for upon Obama's birth his father was a British subject and Obama himself by descent was also the same. Hence, Obama was born subject to a foreign power. Obama lacks the birth status of natural sole and absolute allegiance and loyalty to the United States which only the President and Commander in Chief of the Military and Vice President must have at the time of birth. Being born subject to a foreign power, he lacks Unity of Citizenship and Allegiance to the United States from the time of birth which assures that required degree of natural sole and absolute birth allegiance and loyalty to the United States, a trait that is constitutionally indispensable in a President and Commander in Chief of the Military. Like a naturalized citizen, who despite taking an oath later in life to having sole allegiance to the United States cannot be President because of being born subject to a foreign power, Obama too cannot be President.
Our nation is now debating what a “natural born Citizen” is and whether Obama meets that definition which would make him eligible to be President and Commander in Chief of the Military. We have seen above that, even if he was born in Hawaii, he does not meet that test and is therefore not eligible for the Office of President. Concerned citizens asked Obama to clear this matter up but he has refused all such requests and rather litigated at great expense against the interest of the nation that he is suppose to represent. These concerned citizens then asked both Congress and the Judiciary to resolve the debate. But neither of these two branches of government has so far wanted to get involved. What else are the people to do to have their grievances brought to justice and heard?
Whatever the outcome of the debate, Vattel expressed his sentiments perfectly. I want to share with you what he wrote in the Preface to his 1758 first edition which he wrote in French:
"As to the rest, I have, both in these examples and in my reasonings studiously endeavoured to avoid giving offence; it being my intention religiously to observe the respect due to nations and sovereign powers: but I have made it a still more sacred rule to respect the truth, and the interests of the human race. If among the base flatterers of despotic power, my principles meet with opponents, I shall have on my side the virtuous man, the friend of the laws, the man of probity, and the true citizen.
I should prefer the alternative of total silence, were I not at liberty in my writings to obey the dictates of my conscience. By my pen lies under no restraint, and I am incapable of prostituting it to flattery. I was born in a country of which liberty is the soul, the treasure, and the fundamental law; and my birth qualifies me to be the friend of all nations. These favourable circumstances have encouraged me in the attempt to render myself useful to mankind by this work. I felt conscious of my deficiency in knowledge and abilities: I saw that I was undertaking an arduous task; but I shall rest satisfied if that class of readers whose opinions are entitled to respect, discover in my labours the traces of the honest man and the good citizen." http://www.constitution.org/vattel/vattel-01.htm
Indeed, Vattel wrote with a clear conscience and pure purpose and asked for history to be his judge.
Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg, New Jersey 08831
November 2, 2009