Why not? We have no control over -- and do not recognize -- British Law. If they were to pass a Nationality Act of 2011 granting citizenship to anyone born in the US, would that mean that none of us could be natural born citizens?
At the time the Constitution was written, over half of the population did not have "sole allegiance to the U.S.," being either allied with England against the US, or completely neutral. To my knowledge, no attempt was made to brand these people or their descendents as ineligible for the Presidency.
The founders recognized that we can no more determine your allegiance than we can determine your favorite color.
The Constitution only requires that the President be a "natural (i.e. not foreign) born citizen."
The reason natural born citizen was added to the presidential clause is because the founders wanted their future presidents to have sole allegiance for the US and no allegiances to other countries. The only exceptions were the first few presidents who were grandfathered in. Natural Born Citizen was a higher level of citizenship, born to two U.S. parents was the founders intent.
The father of the 14th John Bingham was well versed in the meaning of what a natural born citizen was.
“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.” (Cong. Globe, 39th, 1st Sess., 1291 (1866))
According to a July 18, 1859 official proclamation by former Attorney General Black (as reported in the New York Times on July 20, 1859), only those who never owed fealty to another nation may be President:
“Here none but a native can be President…A native and a naturalized American may therefore go forth with equal security over every sea and through every land under Heaven…They are both of them American citizens, and their exclusive allegiance is due to the Government of the United States. One of them never did owe fealty elsewhere, and the other, at the time of his naturalization…threw off, renounced and abjured forever all allegiance to every foreign prince, potentate, State and sovereignty whatever, and especially to that sovereign whose subject he had previously been. “
Here again we see a person in high office stating that to be President one must never have owed fealty to another nation. We see the true legal requirement that the President never owed allegiance to any foreign sovereign. This clean natural citizenship is one which can only be present at birth. Since the naturalized citizen can’t be President because he once owed allegiance to a foreign nation, the same goes for any other citizen who owed allegiance to a foreign nation.
Obama admits to having owed fealty, aka allegiance, to the United Kingdom at the time of his birth. Therefore, upon the authority of Representative Bingham, Justice Black and Attorney General Black, Obama is not eligible to the office of President.
SENATORS HOWARD AND TRUMBULL AND REPRESENTATIVE THAYER
But there’s even more authority to be heard from regarding Obama’s unconstitutional occupation of the White House. Justice Black also told us that we must consult with Senator Howard since he was Bingham’s counterpart in the Senate relating to the 14th Amendment. Bingham and Howard are the two that ushered the 14th Amendment into the Constitution.
As to the meaning of the term “subject to the jurisdiction thereof” in the 14th Amendment, Senator Howard stated:
“The first amendment is to section one, declaring that all “persons born in the United States and Subject to the jurisdiction thereof, are citizens of the United States and of the States wherein they reside. I do not propose to say anything on that subject except that the question of citizenship has been fully discussed in this body as not to need any further elucidation, in my opinion. This amendment which I have offered is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. (Congressional Globe, 39th Congress pg. 2890 (1866))
Notice that Howard lists several classes of persons who are not citizens under the 14th Amendment:
- foreigners
- aliens
- families of ambassadors or ministers
The statement was clarified a few days earlier when Howard stated:
“That means ‘subject to the complete jurisdiction thereof.’ What do we mean by ‘complete jurisdiction thereof? Not owing allegiance to anybody else. That is what it means.” (Congressional Globe, 39th Congress pg. 2893 (1866))
Those who owed allegiance to “anybody else” are not natural born citizens of the United States. The same sentiments were also uttered by Senator Trumbull who stated that it meant “Not owing allegiance to anybody else.”
