Cruz opponents say he is obviously ineligible.
Cruz supporters say he is obviously eligible.
And they call each other names.We asked Stephen Pidgeon, Constitutional attorney and recent candidate for Washington State Attorney General to comment on the controversy because, among other things, he is the author of the book, The Obama Error which handles the same subject in the Obama context. Following is Stephen’s reply ~ Editor
Testing the Role of Natural Born Citizen
By Stephen Pidgeon
September 27, 2013
There are those who have pleaded ignorance of the “natural born citizen” issue arising in Article II, Section I, paragraph 5 of the United States Constitution for five years now. I propose to you the following understanding, premised upon the foundation of the common law, at least as that foundation was understood by those who framed the concept:
Deuteronomy 17:14-15 reads as follows:
When you are come into the land which יהוה your Elohiym gives you, and shall possess it, and shall dwell therein, and shall say, I will set a king over me, like as all the nations that are about me; You shall in any wise set him king over you, whom יהוה your Elohiym shall choose: one from among your brethren shall you set king over you: you may not set a stranger over you, which is not your brother.
Here is the statement of natural law, from which Article II, Section 1, paragraph 5 was derived. Natural law is of course relevant to this discussion, because it is the essence of the justification for the revolution which ultimately created the United States. At the time of the revolution, the Crown had a lawful claim to its control of the colonies, and the colonies ascribed, as did England, to the Law of Nations, which set forth British Sovereignty over the several colonies.
How then, did the founders justify the revolution? Was it lawful or unlawful? Did it matter to those who sought to bring about the birth of a new nation? It most certainly did, and the founders made such a justification in their initial elocution, stating as follows:
Our claim to a lawful beginning hinges on the justification made pursuant to the Laws of Nature and of Nature’s God. This concept, initially articulated by Jean Bodin in his Six Books of the Commonwealth, and restated by William Blackstone in his Commentaries on the Laws of England, most assuredly referenced the mitzvot of the Torah as the foundation of all western law.
For instance, Black’s Law Dictionary defines the laws of nature to be “[t]hese express necessary and obligatory rules of human conduct which have been established by the author of human nature as essential to the divine purposes in the universe and have been promulgated by God solely through human reason.”
One wonders, then, what the founders meant by the Laws of Nature’s God? This was, and continues to be, a claim that there is a body of law which is superior to the sovereignty of the state, and which imposes an ethos and behavioral restriction on all nations, notwithstanding their capability to ignore such edicts. We declared our nation lawfully separated and rightly sovereign predicated on the notion that the Laws of Nature and of Nature’s God pre-supposed and exceeded the Law of Nations and other notions of the Divine Right of Kings to execute subjection and sovereignty.
We reinforced this same notion following World War II at the Nuremburg trials. The Nazi defense was that at all times the German commissioned officers were acting lawfully, and were only taking orders. Morally this claim is buttressed by the edict of Romans 13:1, which reads in Luther’s edition:
Everyone is subject to the authority, which has force over him. Because it is not an authority without of God; where however authority is, which is ordered from God.
This kind of construct allowed Nazi leadership to claim moral righteousness in their defense. However, the corrected text reads as follows:
Let every soul be subject unto the higher powers, for there is no power but of Elohiym, the powers that be are ordained of Elohiym.
There are two primary concepts contained in this edict. First, the higher powers are declared as sovereign; then the higher powers are declared to be exclusively from Elohiym. Secondly, the powers that be are ordained of Elohiym. Once again, the concept is that the higher powers – those powers which exceed the Law of Nations, are those powers ordained by Elohiym and derived from His edicts, which of course brings us full circle back to the Laws of Nature and of Nature’s God.
We justified our nation on this concept; and we justified the execution of the German high command on this very same concept. Suffice it to say that this, in its essence, is the first organic law of the American state.
John Jay, in his articulation of Article II, Section 1, paragraph 5, used language that is now familiar to us:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;
Let us return to the scriptural edict to see if we can glean meaning:
You shall in any wise set him king over you, whom יהוה your Elohiym shall choose: one from among your brethren shall you set king over you: you may not set a stranger over you, which is not your brother.
Of course, at this time, the text was referring to one of the descendants of the twelve tribes of Israel. John Jay did not rely on this context, but instead gave us the reference “natural born.”
In plain English, natural born means born to two parents both of whom were American citizens (not having a loyalty to any other sovereign) at the time of birth, and born on US soil (subject to the sole exception articulated in the 1790 Naturalization Act.) Just say natural.
A person born to parents, one of whom is American and the other a citizen of another country, is not a natural born citizen. Obama – assuming of course you can believe his birth narrative (ha-ha-ha-ha-ha-ha-ha-ha-ha-ha!), has an American mother and a Kenyan father. Disqualified. See? It really is quite simple.
A person born to parents holding dual citizenship, and born outside the country (say, for instance, in Canada) is also disqualified from the Presidency. They may or may not be an American citizen, which depends on a different set of criteria. The sole question to be answered under Article II, Section I, paragraph 5 is whether the person qualifies as a natural born citizen.
A person born to parents from Cuba, but born in the jurisdiction of the US without the parents being naturalized at the time of birth is disqualified. Yet, a person of Cuban descent, who parents naturalized before his birth would be qualified.
The key to the edict from Scripture is to determine who your brother is, and who the stranger is. There is a teaching on this.
And, behold, a certain lawyer stood up, and tempted him, saying, Master, what shall I do to inherit eternal life? 26 He said to him: What is written in the law? How do you read it?
27 And he answering said, You shall love יהוה your Elohiym with all your heart, and with all your soul, and with all your strength, and with all your mind; and your neighbor as yourself.
28 And he said unto him, You have answered right: do this, and you shall live.
29 But he, willing to justify himself, said unto Y’shua, And who is my neighbor?
30 And Y’shua answering said, A certain man went down from Jerusalem to Jericho, and fell among thieves, which stripped him of his raiment, and wounded him, and departed, leaving him half dead. 31 And by chance a certain priest came down that way: and when he saw him, he passed by on the other side. 32 And likewise a Levite, when he was at the place, came and looked on him, and passed by on the other side. 33 But a certain Samaritan, as he journeyed, came where he was: and when he saw him, he had compassion on him, 34 And went to him, and bound up his wounds, pouring in oil and wine, and set him on his own beast, and brought him to an inn, and took care of him. 35 And on the morrow when he departed, he took out two pence, and gave them to the host, and said to him, Take care of him; and whatever you spend more, when I come again, I will repay you.
36 Which now of these three, do you think, was neighbor to him that fell among the thieves?
37 And he said, He that showed mercy on him. Then Y’shua said to him, Go, and do likewise.
Now, let us answer the question who is a stranger to us.
7 Then Y’shua said to them again, Amen, amen, I say to you, I am the door of the sheep. 8 All that ever came before me are thieves and robbers: but the sheep did not hear them. 9 I am the door: by me if any man enter in, he shall be saved, and shall go in and out, and find pasture. 10 The thief comes not, but to steal, and to kill, and to destroy: I have come that they might have life, and that they might have it more abundantly. 11 I am the good shepherd: the good shepherd gives his life for the sheep. 12 But he that is an hireling, and not the shepherd, whose does not own the sheep, sees the wolf coming, and leaves the sheep, and flees: and the wolf catches them, and scatters the sheep. 13 The hireling flees, because he is an hireling, and cares not for the sheep. 14 I am the good shepherd, and know my sheep, and I am known of mine. 15 As the Father knows me, even so I know the Father: and I lay down my life for the sheep.
This passage tells us who the stranger is someone who does not enter in by the door. He is a thief, and he comes to steal, to kill, and to destroy. The stranger, when he sees trouble, leaves, and doesn’t care. He does not lay down his life for the country.
Did Barack Obama enter in through the door? In this case, the door is that Rubicon which defines us as Americans – not by race; not by bloodline; not by social class; but by natural birth. Is this so offensive a standard? Obama did not enter in by this door, but spent millions covering his inability to meet the standard. Contrary to popular belief, he has never produced a bona fide document evidencing his place of birth, the date of his birth, his mother, his father, etc. Instead, he has produced a series of forgeries and proffered them as state-sealed documents for purposes of identification for the holding of a job with the federal government. The posting of these documents are in themselves high crimes and misdemeanors, in violation of many federal laws.
If Obama did not enter in through this door, then we should expect, based on the scriptural quote above, to find a liar, a thief, and one who wants to kill and destroy. The record speaks for itself, and I won’t belabor here. Suffice it to say that Obama can’t pass E-verify. He has produced a fraudulent draft registration certificate. He operates under a fraudulent social security number, and he cannot demonstrate that he repatriated (that is to say, naturalized) back as an American citizen following his adoption in Indonesia and his obtaining of Indonesian citizenship as a child.
What is a natural born citizen? I can tell you what it ain’t. It ain’t anybody who has been naturalized, by statute or other process. It ain’t dual citizens. And it most assuredly ain’t Barack Hussein Obama.
Other books by Stephen Pidgeon: