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What Trump SHOULD Have Said About the Birther Situation

I always thought the “birther” situation was silly.  Really silly.  Perhaps some of its adherents are racists but certainly not all of them.

Donald Trump had spent time talking about the issue and I thought it would hurt him if he ever ran for President.  And it could have done so.

Here’s what I would have said:

I do agree that President Obama was born in the United States – in Hawai’i – and in fact even if he were born in Kenya, he would be eligible to be President based on his birth mother being a US citizen.  (I know I’d get comments on this but I did write a law journal article on this very subject!)

But what we will do if I am elected President is we will get a bill introduced in Congress that will, using the power Congress has in Article V of the Fourteenth Amendment, ensure that all children born of a US citizen or permanent resident parent serving in the US armed forces abroad will be eligible to run for President.  I would call it the Military Brat Presidential Dreamer Act.  I seek to honor the service of their parent(s) and we will make sure no son or daughter of military parent(s) feels any doubt that they are fully in the American family.

That would have fixed the media (especially with all those vets there) and would ensure Trump gets a hearing from a group that might be somewhat skeptical – military brats – of which I am one.

It’s not too late to do it!

While you are at it, Mr. Trump, do this wonderful idea I read at Breitbart!

 

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

12 Responses to “What Trump SHOULD Have Said About the Birther Situation”

  1. Charlie Rush says:

    Mr. Sanders:

    You are correct. I am sure your few comments on BHO’s eligibility to hold the office of President will generate a number of reply’s. At least I hope it does.

    Your position that BHO is eligible does not consider the the fundamental “natural born citizen” (NBC) definition as defined by Vattel in his 1750’s treatise “The Law of Nations” (The Laws of Nature and of Nature’s God) or the 1875 precedent setting Supreme Court definition of NBC in the Minor v. Happersett case. Both clearly state that a person is a natural born citizen if both parents are citizens at the time of birth. The Supreme Court finding also added birth in the country to the definition.

    Doesn’t it seem odd to you that BHO, himself, has publicly acknowledged that he was born a British subject since his (supposed) father was a British subject. British government records confirm BHO’s subjectship status upon his birth.

    Since BHO was not born a “natural born citizen” there is no way for him to ever acquire such a status.

    Another resource you might want to check for help in understanding the origins of the natural born term is in the Bible; specifically Deuteronomy Chapter 17, Verse
    15. In Deuteronomy chapters 12-26 are considered the Deuteronomic code; Laws governing Israel’ worship. Chapters 12-17 address the appointment and regulation of community and religious leaders. 17:15 – KJV – Thou shalt in any wise set him king over thee, whom the Lord thy God shall choose: one from among thy brethren shalt thou set king over thee: thou mayest not set a stranger over thee, which is not thy brother.

    These biblical instructions are very similar to the words written by John Jay in his letter to George Washington suggesting that the eligibility standards to hold the office of President in the initial draft of the Constitution be tightened up. The result was the addition of the natural born citizen clause.

    I do enjoy your writing.

    Charlie Rush
    Silver Point, TN

    • Sandy Sanders
      Twitter:
      says:

      Charlie, thanks for coming by and for your kind words. I think you would say if the President was born in Hawai’i he would be a natural born citizen. But he, like Ted Cruz, is also eligible if he had a citizen parent but was born abroad. Otherwise the military brats born abroad are not eligible for the highest office in the highest office in the land.

      In 1924 the Native Americans on reservations were given full citizenship and that overruled a prior SCOTUS decision. That is the basis for the idea that Congress can determine natural-born status.

      I just cannot accept a legal/constitutional interpretation that excludes Native Americans and military brats born abroad. So I have to go with this.

      I would commend that article I wrote – although I am afraid it is behind a pay wall unless there is a law school library close to you. Try that out.

      Thanks again for coming by.

      Sandy

      • Charlie Rush says:

        Sandy:

        I am pretty sure we are never going to reconcile our different beliefs regarding
        the term “natural born citizen”.

        I would like to ask a couple of follow-up questions. What is your belief
        regarding the difference in definition between the term “citizen” and “natural
        born citizen”? To be eligible to be a U.S. representative or a U.S. Senator one just needs to meet the “citizen standard”. To be eligible to be President one needs to meet the different (higher) “natural born citizen standard”

        I would agree that native Americans born in the U.S. after the Congressional actions in the early 1920’s would be considered natural born citizens if their parents (plural) were U.S. citizens at the time of the childs birth.

        I am pretty sure that you are aware of the following: the U.S. State Department Foreign Affairs Manual and Senate Resolution 511 (the McCain eligibility
        resolution) require that both parents must be U.S. citizens at the time of the child’s birth abroad for the child to be considered a “natural born citizen”.
        President Obama co-sponsored Senate Res. 511. (http://www.state.gov/documents/organization/86757.pdf)

        Sandy, there is no way I could ever accept that BHO is a natural born citizen of the United States given the direction provided by John Jay, E. Vattel, and the U.S. Supreme Court, plus the fact that he acknowledges being born a British subject.

        Have a great day and keep up the good writing.

        Charlie

  2. Birther says:

    https://www.youtube.com/watch?v=xXIY9F2g0_k

    Go to YouTube type in Alex Jones Barack Obama birth certificate and you will find an entire Library of videos of proof that Obama was born in Kenya and that the birth certificate from Hawaii was FAKED. That Obama was raised by a communist Frank Davis. The font on the birth certificate wasn’t even in existence in 1961. Obama is the Manchurian Candidate.

    Breitbart and Drudge also reported it.

    Records on Obama were sealed. Barry Soetoro born in Kenya, raised in Indonesia.

    • Sandy Sanders
      Twitter:
      says:

      Thanks Birther for coming by and I just think this whole thing was unlikely to produce any results even if true (how would people remove an ineligible President and would the courts do anything about it? I doubt it.) and I felt it very likely to be proven false.

      I am leery of Infowars as a source I almost never use it unless I have another one that agrees.

      Sandy

  3. robert shannon says:

    Questions were raised in 2008 about McCains eligibility and anyone running for President will and should come under heightened scrutiny.

    Add to that the fact that very little was known about this new Senator from Illinois and how secret it appeared , no willingness to release his grade transcripts alone helped to create the questions people had about this mans life.

    Hillary is desperate, she sees the shift and will stop at nothing in a attempt to get back some momentum. Pathetic.
    Bob Shannon King William

    • Sandy Sanders
      Twitter:
      says:

      Well, Bob, I certainly agree that all candidates for any office should get heightened scrutiny as to character and stands on the issues. Few wanted to know more about Senator Obama – they just hoped for the best.

      Thanks for coming by again and being a friend.

      Sandy

  4. Katherine T. says:

    Wasn’t he a foreign exchange student?
    Note, the word “foreign”.

  5. Rick Adams says:

    Looking for a job as a Trump speechwriter, Sandy? XD

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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