8/8/2019 Neither the 14th Amendment Nor Wong Kim Ark (1898) Make One a Natural Born Citizen

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Neither the 14 th Amendment nor Wong Kim Ark make one a Natural Born Citizen

Originally posted online @ puzo1.blogspot.com onTuesday, July 14, 2009

Neither the 14th Amendment nor Wong Kim Ark make one a NaturalBorn Citizen

In defining what an Article II natural born Citizen is, we do not seek to read into theConstitution that which was not intended and written there by the Framers. Despitepopular belief, the Fourteenth Amendment does not convey the status of natural bornCitizen in its text nor in its intent. Some add an implication to the actual wording of theFourteenth Amendment by equating the amendments citizen to Article IIs naturalborn Citizen. But nowhere does the 14th Amendment confer natural born citizen

status. The words simply do not appear there, but some would have us believe they areimplied. But the wording of the Amendment is clear in showing that it confers citizenshiponly and nothing more.

The intent and purpose of the amendment was to provide equal citizenship to allAmericans either born on U.S. soil or naturalized therein and subject to the jurisdictionthereof. It does not grant natural born Citizen status. It only confers citizen status, asthat is the exact word used by the Amendment itself and that is the same word thatappears in Article I, II, III, and IV of the Constitution. It just conveys the status of citizen, and as we learned from how the Framers handled the Naturalization Acts of 1790 and 1795, being a citizen does not necessarily mean that one is a natural born

Citizen.

The Fourteenth Amendment only tells us who may become members of the communitycalled the United States, i.e., those born on U.S. soil or naturalized and subject to the

jurisdiction thereof are U.S. citizens. The amendment was needed because under Scott v.Sandford, 60 U.S. 393 (1856), slaves and their descendents, whether free or not, were notconsidered as being members of that community even though born on U.S. soil andunlike the American Indians subject to the jurisdiction thereof. But the amendment only

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8/8/2019 Neither the 14th Amendment Nor Wong Kim Ark (1898) Make One a Natural Born Citizen

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allowed these slaves and their descendents to become a member of the U.S. communityby making them U.S. citizens. Once those persons or anybody else (e.g. Wong Kim Ark)so became a member of the U.S. community (became a U.S. citizen by birth on U.S. soilor through naturalization), then that person could join with another U.S. citizen andprocreate a child on U.S. soil who would then be an Article II "natural born Citizen."

Hence, during the Founding, the original citizens created the new ConstitutionalRepublic. Through Article IIs grandfather clause, they were allowed to be President.Their posterity would be the "natural born Citizens" who would perpetuate the newnation and its values. These natural born Citizens, born after the adoption of theConstitution, would be the future Presidents.

Subsequently, a natural born Citizen was created by someone first becoming a memberof the United States (a U.S. citizen) by birth on its soil to a mother and father who wereU.S. citizens or if not so born then through naturalization, and then joining with anothersimilarly created U.S. citizen to procreate a child on U.S. soil. The product of that union

would be an Article II natural born Citizen.After the Fourteenth Amendment, it became sufficient to be a citizen if one were merelyborn on U.S. soil or naturalized and subject to the jurisdiction of the U.S. That U.S.citizen would then procreate with another similarly created U.S citizen and produce anatural born Citizen.

As we can see, becoming a U.S. citizen is only the first step in the process of creating anatural born Citizen. The second step is the two U.S citizens procreating a child onU.S. soil. It is these natural born Citizens who can someday be President or VicePresident of the United States. Stated differently, a President must be a second generationAmerican citizen by both U.S. citizen parents. A Senator or Representative can be a firstgeneration American citizen by naturalization or birth. It is the extra generation carriedby a President which assures the American people that he/she is born with attachment andallegiance only to the United States.

The issue of what the Founding Fathers meant when they wrote natural born Citizeninto Article II is surely ripe for the U.S. Supreme Court to determine. The issue is one of first impression and the Supreme Court needs to decide it. The national security andsurvival of the United States as conceived by the Founders are at stake. Because of theutter failure of our political and media institutions to give proper and honest attention tothis issue, only the highest court in the land can now come to the aid of the Kerchnerplaintiffs and We the People.

Mario Apuzzo, Esq.Posted by Puzo1 at 9:27 PM Labels: 14th Amendment , 1898 , Apuzzo , born citizen , constitutional eligibility president ,national security , natural born citizen , Republic , Supreme Court , Wong Kim Ark

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