Category Archives: Founding Fathers

Founding Fathers

George Washington Last Will and Testament of a good man, Freed his slaves and made provisions for their education & welfare, Transformed by his interactions

George Washington Last Will and Testament of a good man, Freed his slaves and made provisions for their education & welfare, Transformed by his interactions

“If in the opinion of the People, the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation, for through this in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.”…George Washington

“Firearms are second only to the Constitution in importance; they are the peoples’ liberty’s teeth.”…George Washington

“The Constitution is the guide which I never will abandon.”…George Washington

 

The paradigm throughout human history until George Washington’s birth was that if you conquered a people they became your slaves or worse.

Africans and negroes were considered a sub species by Europeans.

With interactions with people of color from Revolutionary War soldiers to poet Philiss Wheatley, Washington came to realize that they were humans more like himself and that slavery was wrong. Quite a evolution.

George Washington was put upon a pedestal and treated like a God but he was human with the typical human imperfections.

But he was a good man.

From the NY Times.

”An Imperfect God: George Washington, His Slaves and the Creation of America”

“The breaking up of slave families for reasons of profit was, by Mr. Wiencek’s account, the first outrage to penetrate Washington’s self-interest. He traces Washington’s first awareness of this to time he spent in Williamsburg, Va., witnessing slave auctions held in response to an owner’s embezzling. ”In modern terms, it was as if the collapse of a Wall Street brokerage, due to the malfeasance of its officers, had led to the sale of the children of the cleaning staff to pay the debts of corporate vice presidents,” Mr. Wiencek writes.

And as a leader of soldiers, Washington was acutely aware of the importance of black soldiers even as he waffled over the question of their eventual freedom. ”George Washington won the Revolutionary War with an army that was more integrated than any military force until the Vietnam War,” Mr. Wiencek maintains. His book offers evidence that the role of black soldiers under Washington’s command was under-reported simply because it was taken for granted.

Rather than a debunking account, ”An Imperfect God” is one that measures the slow growth of Washington’s willingness to change. The author, with a great interest in genealogical research, points to many instances in which the situations of Washington’s own real and alleged family members (including West Ford, whose possible identity as Washington’s illegitimate son is explored but rejected — he may instead have been a nephew) could not help but provide impetus for change.”

https://www.nytimes.com/2003/11/03/books/books-of-the-times-washington-s-twisted-path-to-awareness-on-slavery.html

George Washington’s encounter with black poet Philiss Wheatley.

“In December of 1775, Washington – the newly appointed Commander-in-Chief of the Continental Army – received a letter from Wheatley containing an ode written in his honor. The poem illustrates Wheatley’s somewhat surprisingly passionate patriotic sentiment, which factors strongly in much of her poetry. It ends with a stanza reading: “Proceed, great chief, with virtue on thy side, / Thy ev’ry action let the goddess guide. / A crown, a mansion, and a throne that shine, / With gold unfading, WASHINGTON! Be thine.”

Washington responded with a letter expressing his appreciation for Wheatley’s poem. He even considered publishing it but feared people might interpret that action as self-aggrandizing. Not only was this letter the only one Washington is known to have written to a former slave, but he addressed Wheatley as “Miss Phillis” and signed off as “Your obed[ien]t humble servant,”1 unusual and even paradoxical courtesies. Washington also extended an invitation for Wheatley to call on him at his headquarters in Cambridge, Massachusetts.””

http://eachstorytold.com/2019/02/10/phillis-wheatley-poem-for-george-washington-washington-response-and-letter-rest-of-story/

From George Washington’s Last Will and Testament.

“Upon the decease ⟨of⟩ my wife, it is my Will & desire th⟨at⟩ all the Slaves which I hold in ⟨my⟩ own right, shall receive their free⟨dom⟩. To emancipate them during ⟨her⟩ life, would, tho’ earnestly wish⟨ed by⟩ me, be attended with such insu⟨pera⟩ble difficulties on account of thei⟨r interm⟩ixture by Marriages with the ⟨dow⟩er Negroes, as to excite the most pa⟨in⟩ful sensations, if not disagreeabl⟨e c⟩onsequences from the latter, while ⟨both⟩ descriptions are in the occupancy ⟨of⟩ the same Proprietor; it not being ⟨in⟩ my power, under the tenure by which ⟨th⟩e Dower Negroes are held, to man⟨umi⟩t them. And whereas among ⟨thos⟩e who will recieve freedom ac⟨cor⟩ding to this devise, there may b⟨e so⟩me, who from old age or bodily infi⟨rm⟩ities, and others who on account of ⟨the⟩ir infancy, that will be unable to ⟨su⟩pport themselves; it is m⟨y Will and de⟩sire that all who ⟨come under the first⟩ & second descrip⟨tion shall be comfor⟩tably cloathed & ⟨fed by my heirs while⟩ they live; and that such of the latter description as have no parents living, or if living are unable, or unwilling to provide for them, shall be bound by the Court until they shall arrive at the ag⟨e⟩ of twenty five years; and in cases where no record can be produced, whereby their ages can be ascertained, the judgment of the Court, upon its own view of the subject, shall be adequate and final. The Negros thus bound, are (by their Masters or Mistresses) to be taught to read & write; and to be brought up to some useful occupation, agreeably to the Laws of the Commonwealth of Virginia, providing for the support of Orphan and other poor Children. and I do hereby expressly forbid the Sale, or transportation out of the said Commonwealth, of any Slave I may die possessed of, under any pretence whatsoever. And I do moreover most pointedly, and most solemnly enjoin it upon my Executors hereafter named, or the Survivors of them, to see that th⟨is cla⟩use respecting Slaves, and every part thereof be religiously fulfilled at the Epoch at which it is directed to take place; without evasion, neglect or delay, after the Crops which may then be on the ground are harvested, particularly as it respects the aged and infirm; seeing that a regular and permanent fund be established for their support so long as there are subjects requiring it; not trusting to the ⟨u⟩ncertain provision to be made by individuals. And to my Mulatto man William (calling himself William Lee) I give immediate freedom; or if he should prefer it (on account of the accidents which ha⟨v⟩e befallen him, and which have rendered him incapable of walking or of any active employment) to remain in the situation he now is, it shall be optional in him to do so: In either case however, I allow him an annuity of thirty dollars during his natural life, whic⟨h⟩ shall be independent of the victuals and cloaths he has been accustomed to receive, if he chuses the last alternative; but in full, with his freedom, if he prefers the first; & this I give him as a test⟨im⟩ony of my sense of his attachment to me, and for his faithful services during the Revolutionary War.”

“To the Trustees (⟨Go⟩vernors, or by whatsoever other name they may be designated) of the Academy in the Town of Alexandria, I give and bequeath, in Trust, four thousand dollars, or in other words twenty of the shares which I hold in the Bank of Alexandria, towards the support of a Free school established at, and annexed to, the said Academy; for the purpose of Educating such Orphan children, or the children of such other poor and indigent persons as are unable to accomplish it with their own means; and who, in the judgment of the Trustees of the said Seminary, are best entitled to the benefit of this donation. The aforesaid twenty shares I give & bequeath in perpetuity; the dividends only of which are to be drawn for, and applied by the said Trustees for the time being, for the uses above mentioned; the stock to remain entire and untouched; unless indications of a failure of the said Bank should be so apparent, or a discontinuance thereof should render a removal of this fund necessary; in either of these cases, the amount of the Stock here devised, is to be vested in some other Bank or public Institution, whereby the interest may with regularity & certainty be drawn, and applied as above. And to prevent misconception, my meaning is, and is hereby declared to be, that these twenty shares are in lieu of, and not in addition to, the thousand pounds given by a missive letter some years ago; in consequence whereof an annuity of fifty pounds has since been paid towards the support of this Institution.”

http://eachstorytold.com/2019/02/14/george-washington-last-will-and-testament-mount-vernon-july-9-1799-will-desire-all-slaves-i-hold-shall-receive-their-freedom/

 

 

More here:

https://citizenwells.com/

http://eachstorytold.com/

 

 

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Declaration of Independence grievance “For depriving us in many cases, of the benefit of Trial by Jury”, July 4, 2018, Forced arbitration depriving us of our day in court

Declaration of Independence grievance “For depriving us in many cases, of the benefit of Trial by Jury”, July 4, 2018, Forced arbitration depriving us of our day in court

“Our Constitution is in actual operation; everything appears to promise that it will last; but nothing in this world is certain but death and taxes.” … Benjamin Franklin

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

“Our right to our day in court has been severely eroded.”…Citizen Wells

 

July 4, 1776:

“For depriving us in many cases, of the benefit of Trial by Jury”

July 4, 2018:

Forced arbitration is depriving us of our day in court.

From Citizen Wells February 20, 2008.

“Ever since I first read the US Declaration of Independence as a child, I have loved the message, wording and spirit of this incredible declaration. I still have a copy that I framed as a child and I still look upon it with reverence. I especially love the paragraph beginning, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” We should treasure these words and the entire document, never take it for granted and reread it as often as possible. My ancestor was a signer of the Tryon Resolves, almost a year before the US declaration. That fact makes the US declaration even more special for me. Here is the US Declaration of Independence:

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefit of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.”

https://citizenwells.com/2008/02/20/declaration-of-independence-july-4-1776-we-hold-these-truths-to-be-self-evident/

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

 

School security lessons from history, Guns protect weaker forces from attack, American Revolution then Second Amendment, General Greene and my Quaker ancestors fought invaders with guns

School security lessons from history, Guns protect weaker forces from attack, American Revolution then Second Amendment, General Greene and my Quaker ancestors fought invaders with guns

“Weaker people, whether at school, at home or elsewhere are best protected from stronger people, with ill intent, by guns and proper security measures.”…Citizen Wells

“Germans who wish to use firearms should join the SS or the SA – ordinary citizens don’t need guns, as their having guns doesn’t serve the State.”…Heinrich Himmler

“The very atmosphere of firearms anywhere and everywhere restrains evil interference – they deserve a place of honor with all that’s good”…George Washington

 

I recently discovered that my Wells ancestors were Quakers and that another one of them fought the British during the American Revolution. This pleases me greatly.

Yesterday, the Battle of Guilford Courthouse was reenacted in Greensboro, NC. The patriots were led by one of George Washington’s most trusted generals, Nathanael Greene, a Quaker. You know, pacifists.

“The Battle of Guilford Courthouse Begins

Lt. Col. Henry Lee opened the battle with an advance guard action against the British near the Quaker settlement of New Garden, 3 miles west of the American position. This skirmish resulted in no advantage to either side. The Americans retired, and the British continued to advance along the New Garden Road toward the courthouse.”

https://www.nps.gov/parkhistory/online_books/hh/30/hh30h.htm

This is a very interesting battle with Lord Cornwallis being the technical victor but being so damaged that it soon led to his surrender at Yorktown.

General Nathanael Greene biography.

“One of the most trusted generals of the Revolutionary army was Nathanael Greene, Washington’s friend and comrade-in-arms. The Greene family was among the earliest settlers in Rhode Island and helped establish the colony. John Greene was the founder of the family in the new colony. Nathanael Greene was born July 27, 1742 (old style, which is August 7, 1742 new style). His education was limited but he received a thorough training in the books which were available at his time, especially the Bible, upon which were built his habits of living, moral ideals and purposes.

In due course Greene used every possible moment to read books and saved his money to buy books so that eventually he acquired a large library. Greene had also been taught blacksmithing and the milling work. His father purchased a mill in Coventry which was assigned to Nathanael to manage. He took an active part in community affairs. He knew the value of education and helped establish the first public school in Coventry. He also added books on military science to his library which he studied diligently.

When the pacifist Quaker authorities discovered his interest in military affairs, he was called before the main committee for examination. Greene stated firmly that though he was a Quaker, he would not be turned from studies which interested him and the case was dropped.”

http://www.ushistory.org/valleyforge/served/greene.html

My ancestor, John Wells, my 5th great grandfather, signed the Tryon Resolves  in August 14, 1775 and fought in the Battle of Kings Mountain.

I recently learned that he was raised a Quaker.

I also recently learned that his father, Joseph Wells Sr. and his brother Joseph Wells Jr. and their family settled in the Snow Camp, Cane Creek area of Alamance County NC near Greensboro. They were founding members of the Cane Creek Friends Meeting, Quakers.

John Wells, son of Joseph Wells Jr., fought in the battle of Lindley’s Mill aka Battle of Cane Creek, September 13, 1781.

“On the morning of September 13, as the unsuspecting vanguard of struggling Loyalists crossed the branch, a volley tore into their ranks, instantly killing McNeil and pinning down Capt. Archibald McKay’s company of Highlanders. After securing the prisoners in the rear at Spring Friends Meetinghouse, Fanning rode forward to organize a flanking attack on the Whig position. Under assault from both front and rear, the Whigs stubbornly held their ground for several hours but were finally driven from the field. When he was seriously wounded in the arm late in the battle, Fanning gave the command to McDugald, who safely reached Wilmington with the prisoners. The killed and wounded, more than 250 on both sides, were buried and cared for by Quakers in the surrounding community. The hard-fought battle was the bloodiest of the war in North Carolina, with more casualties for the numbers engaged than the Battle of Guilford Courthouse.”

http://eachstorytold.com/2018/03/17/battle-of-lindleys-mill-aka-battle-of-cane-creek-september-13-1781-hillsborough-militia-fought-loyalists-john-wells-son-of-joseph-wells-jr-of-snow-camp-participated-despite-quaker-background/

This John Wells was kicked out of his Quaker meeting house for fighting and marrying a non Quaker.

So, Quakers, considered to be pacifists, took up guns and defended their families and friends during the American revolution.

It’s no wonder we have a Second Amendment.

The Quakers and other who fled Europe due to religious persecution knew tyranny. They knew what would happen if they did not defend themselves.

This is ancestry and history.

And once again history teaches us that guns protect weaker forces from stronger forces.

It can be a situation as simple as a woman protecting herself from a man with a knife, a superior force.

This lesson applies to securing our schools and children.

More guns, not less are the solution. In the right hands of course.

 

 

More here:

https://citizenwells.com/

http://citizenwells.net/

 

Harvard Law Review article lied about Ted Cruz eligibility, Natural born citizen status, 2 US citizen parents required, Cruz born in canada to 1 US Citizen parent his mother, Is this why Obama and Cruz are arrogant in regard to US Constitution?

Harvard Law Review article lied about Ted Cruz eligibility, Natural born citizen status, 2 US citizen parents required, Cruz born in canada to 1 US Citizen parent his mother, Is this why Obama and Cruz are arrogant in regard to US Constitution?

“According to the  US Citizenship and Immigration Services Ted Cruz was not a US citizen at birth and consequently not a natural born citizen.”…Citizen Wells

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”…Abraham Lincoln

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

At the time of the adoption of the US Constitution in 1787, there were only 2 types of citizens defined by US Law.

Natural born citizens and everyone else, citizens. There were no legally naturalized citizens and no provision in US Law to be naturalized until 1790.

That is why the founding fathers has to be grandfathered in with the following language:

“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 . . . .”

That language and the meaning of natural born citizen have not been altered.

Only the definition of citizen and how to attain citizenship has been altered.

It is believed by myself and many legal scholars that the founding fathers knew that one had to be born on US Soil to US citizen parents (plural).

Three years later in the Naturalization act of 1790 we find a clarification:

“And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens”

Obviously from that language one had to have US citizen parents (plural) to be a natural born citizen.

Senate Resolution 511, that Barack Obama signed, stated:

“Whereas John Sidney McCain, III, was born to American citizens on an American military base in the Panama Canal Zone in 1936: Now, therefore, be it
Resolved, That John Sidney McCain, III, is a `natural born Citizen’ under Article II, Section 1, of the Constitution of the United States.”

Once again citizens (plural).

So from start to finish we have the requirement of 2 US Citizen parents to be a natural born citizen.

Ted Cruz had only one US Citizen parent, his mother and he was born in Canada.

Clearly not eligible.

That is why the following article from the Harvard Review is so absurd.

“We have both had the privilege of heading the Office of the Solicitor General during different administrations. We may have different ideas about the ideal candidate in the next presidential election, but we agree on one important principle: voters should be able to choose from all constitutionally eligible candidates, free from spurious arguments that a U.S. citizen at birth is somehow not constitutionally eligible to serve as President simply because he was delivered at a hospital abroad.

The Constitution directly addresses the minimum qualifications necessary to serve as President. In addition to requiring thirty-five years of age and fourteen years of residency, the Constitution limits the presidency to “a natural born Citizen.”

All the sources routinely used to interpret the Constitution confirm that the phrase “natural born Citizen” has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time. And Congress has made equally clear from the time of the framing of the Constitution to the current day that, subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.”

This is a big lie!

http://harvardlawreview.org/2015/03/on-the-meaning-of-natural-born-citizen/

From Citizen Wells March 16, 2015.

Truths, half truths and lies.

I will make this simple because it is.

Although our laws were derived from British laws and in fact some common laws are in force today, we have heavily modified them beginning with pre revolution colonial laws and the US Constitution.

The article above conveniently, selectively quotes the US Constitution which states:

“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 . . . .”

Ted Cruz is a citizen, but since he was not alive at the adoption of the Constitution, he is not by default a natural born citizen.

The Constitution was crafted by individuals with an excellent understanding of the law and a concern for foreign influences.

They made a clear distinction between citizen and natural born citizen.

https://citizenwells.com/2015/03/16/ted-cruz-citizen-not-natural-born-citizen-cruz-not-alive-at-adoption-of-constitution-harvard-law-review-article-still-teach-to-constitution-citizen-at-birth-not-equivalent-to-natural-born-citizen/

Attorney Mario Apuzzo provides a scholarly explanation.

“I read the March 11, 2015 article entitled, “On the Meaning of a ‘Natural Born Citizen,” written by Neal Katyal and Paul Clement, found at 128 Harv.L.Rev.F 161, and accessed at http://harvardlawreview.org/2015/03/on-the-meaning-of-natural-born-citizen/ .  The first sentence of the article says:  “We have both had the privilege of heading the Office of the Solicitor General.”  The article repeats the existing talking points offered in support of the constitutional eligibility of Senator Ted Cruz (all born citizens are natural born citizens) and offers nothing new.  Mr. Cruz was born in Canada to a U.S. citizen mother and a non-U.S. citizen (Cuban) father.  I have written a recent article in which I conclude that Mr. Cruz is not a natural born citizen and therefore not eligible to be President because he does not satisfy the one and only common law definition of a natural born citizen confirmed by the unanimous U.S. Supreme Court in Minor v. Happersett, 88 U.S. 162 (1875), which is a child born in a country to parents who were its citizens at the time of the child’s birth.  The article is entitled, “What Do President Obama and Senator Cruz Have In Common? They Are Both Not Natural Born Citizens,” accessed at http://puzo1.blogspot.com/2015/02/what-do-president-obama-and-senator.html .  Katyal and Clement maintain that any child who becomes a citizen at birth, regardless of where born or by what means, is a natural born citizen.  They add that since Mr. Cruz became a citizen from the moment of birth and did not need any naturalization after birth he is a natural born citizen.  But there is no historical and legal evidence which demonstrates that this is how the Framers defined a natural born citizen and the authors surely have not presented that evidence even if it did exist.

The authors’ argument suffers from the fallacy of bald assertion.  They provide no convincing evidence for their position on who is included as an Article II natural born citizen.  They do not examine what was the source of the Framers’ definition of an Article II natural born citizen, let alone what was the definition of a natural born citizen when the Framers drafted and adopted the Constitution and when it was eventually ratified.  They ignore so much of the historical and legal record in coming to their bald conclusions. For a discussion of this historical and legal evidence, see the numerous articles that I have written and posted at my blog, http://puzo1.blogspot.com .
Read more at http://www.birtherreport.com/2015/03/attorney-responds-to-harvard-law-review.html#8Lt4afwlA9IQXYvW.99

Read more:

http://www.birtherreport.com/2015/03/attorney-responds-to-harvard-law-review.html

 

 

 

Ted Cruz Rubio and Jindal eligibility challenged in Vermont, H. Brooke Paige complaint filed December 9, 2015, Natural born citizen status requires US birth and 2 citizen parents, Attorney Mario Apuzzo explains founding fathers intent

Ted Cruz Rubio and Jindal eligibility challenged in Vermont, H. Brooke Paige complaint filed December 9, 2015, Natural born citizen status requires US birth and 2 citizen parents, Attorney Mario Apuzzo explains founding fathers intent

“According to the  US Citizenship and Immigration Services Ted Cruz was not a US citizen at birth and consequently not a natural born citizen.”…Citizen Wells

“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 . . . .”…US Constitution

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

 

I agree with H. Brooke Paige, CDR Charles Kerchner, Attorney Mario Apuzzo and many others that the the founding fathers understood the definition of natural born citizen meant birth on US soil to 2 US citizen parents.

Yesterday Mr. Paige presented Citizen Wells with a complaint filed against the State of Vermont, Secretary of State James Condos and Attorney General William Sorrell.

Here are some exerpts:

“10. While it may seem counterintuitive that such a weighty question as
that of the definition of the constitutional meaning of a presidential
qualification and the other questions raised in this action, should
originate in a state superior court – it is not only entirely
appropriate, it is an absolute necessity as no other authority or
jurisdiction is available to the Plaintiff and is the most logical,
constitutionally permissible jurisdiction in light of the federal
Constitution’s protections of the coequal branches of the federal
government and the principle of Separation of Powers embodied in said
Constitution of the United States (1790).

11. In 2008, Dr. Daniel Tokaji, Professor of Law at Ohio State
University, explained this essential legal pathway in his “The
Justiciability of Eligibility: May Courts Decide Who Can Be President?”
(Exhibit D) which, after extensive analysis of question relating to the
constitutional qualification cases relating to Senator John McCain of
Arizona and then Senator Barack Hussein Obama of Illinois, concluded:

“(F)ederal lawsuits challenging the presidential candidates’ eligibility
to serve as president are not justiciable, and it is questionable whether
any justiciable case could be brought in federal court as an initial
matter. Fortunately, there are alternative means to adjudicate this matter
that are consistent with the U.S. Constitution. The most promising is a
pre-election state-court lawsuit seeking to keep an allegedly unqualified
candidate off the ballot. In the event that a renegade state court rejects
a candidate who is, in fact, eligible or that two or more state courts
reach conflicting conclusions on a candidate’s eligibility, U.S. Supreme
Court review should be available as a backstop. This avenue seems less
fraught with peril than congressional resolution of the matter, given
Congress’ dubious legal authority to not count electoral votes of a
candidate it believes ineligible. Those who seek to challenge a
presidential candidate’s eligibility would thus be well-advised to dust
off their state election codes and head to state court.”

“14. In the prior action the Defendants’ council, Attorney General Sorrell
through his assistant Todd Daloz,  attempted to obfuscate and confound
both the Plaintiff and the Court  with the issues of “ripeness” and
“mootness” of the issues raised. First arguing that the answers sought
could not be raised until AFTER the election had been conducted – a
tortured interpretation of 17 V.S.A. § 2732 and shortly thereafter, with
equal absurdity, arguing that the issues had become moot with the passage
of time.”

“22. In the 2016 Presidential Election, in addition to Socialist Party
candidates Lindsay and Osorio, who have vowed to run in every election
regardless of their constitutional qualification debility; three of the
Republican Party candidates are known to have birth circumstances that
preclude their qualifying for the office they are seeking.
(a) – Texas U.S. Senator, Rafael Edward (Ted) Cruz, was born in Calgary,
Alberta, Canada, to a Cuban citizen father, Rafael, who became a
naturalized U.S. citizen in 2005, long after his son’s birth.
(b) – Louisiana Governor, Piyush (Bobby) Jindal, was born in Baton Rouge,
LA to Indian nationals who had recently arrived in the U.S. on visas at
the time of their son’s birth. His father, Amar, was in the U.S. on a P3-1
professional work visa while his mother, Raj, was in the U.S. on a student
visa: neither was a U.S. citizen at the time of their son’s birth. (c) –
Florida U.S. Senator, Marco Antonio Rubio, was born in Miami, FL to two
Cuban nationals who came to the U.S. before Castro came to power. Mario
Rubio Reina and Oriales (Garcia) Rubio left Cuba in 1956 and continuously
resided in Miami, however they did not become naturalized citizens until
1975, when Marco was already four years old.

None of the above mentioned candidates meet the “natural born Citizen”
qualification set forth in the U. S. Constitution for serving as President
of the United States and Commander in Chief of the Military. Mario Apuzzo,
Esq. has written a dissertation delineating the debilities of each of
these candidates which bars their serving:  “Senator Cruz, Senator Rubio,
and Governor Jindal Should Not Be Allowed to Participate…(2015)”  (Exhibit
H).”

Exhibits:

Some legal scholars maintain that being a citizen at birth qualifies as being a natural born citizen.

Even by that standard, according to the US Citizenship and Immigration Services, Cruz is not a natural born citizen.

https://citizenwells.com/2015/12/14/ted-cruz-is-not-a-natural-born-citizen-and-not-eligible-for-presidency-not-a-citizen-at-birth-not-born-after-november-14-1986-media-and-democrats-are-waiting-to-challenge-cruz-ted-cruz-must-reque/

Obviously, the US Supreme Court needs to do their duty and settle this matter once and for all, irrespective of the impact on Barack Obama.

 

Ted Cruz is not a natural born citizen and not eligible for presidency, Not a citizen at birth, Not born after November 14, 1986, Media and Democrats are waiting to challenge Cruz, Ted Cruz must request advisory opinion from FEC

Ted Cruz is not a natural born citizen and not eligible for presidency, Not a citizen at birth, Not born after November 14, 1986, Media and Democrats are waiting to challenge Cruz, Ted Cruz must request advisory opinion from FEC

“According to the  US Citizenship and Immigration Services Ted Cruz was not a US citizen at birth and consequently not a natural born citizen.”…Citizen Wells

“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 . . . .”…US Constitution

“We are being lied to on a scale unimaginable by George Orwell.”…Citizen Wells

 

Ted Cruz was not a US citizen at birth and is therefore not a natural born citizen and is therefore no eligible for the presidency. Period!

This is not an opinion or conjecture.

It is based on the US Constitution and US Citizenship and Immigration Services Policy Manual.

And it is crystal clear.

Why are you not hearing about this?

Because the mainstream media and Democrats are setting a trap for Ted Cruz and the Republicans.

They are waiting for him to rise in the polls and primaries.

They will then most likely issue a court challenge or advisory opinion from the FEC on Cruz’s eligibility for federal matching funds.

If Ted Cruz is a patriot, has any damned sense, can transend his attorney trained arrogance and be concerned about his party, he will, as soon as possible, request an advisory opinion from the FEC.

It is simple to do and he has standing.

Ted Cruz’s eligibility was questioned in the past when he was not a serious contender.

From Citizen Wells March 26, 2015.

“On  August 12, 2013 Cheryl Chumley wrote the following:
“Donald Trump, staunch birther: ‘Nobody knows’ yet where Obama was born”
“The two then discussed the birthplace of Sen. Ted Cruz, who’s been talked about as a potential GOP frontrunner for the White House in 2016. Mr. Cruz was born in Canada, which would make him ineligible for the office under the provisions of the Constitution.””

https://citizenwells.com/2015/03/26/cheryl-chumley-wnd-article-omits-constitution-eligibility-words-who-paid-chumley-2013-cheryl-chumley-wrote-ted-cruz-not-eligible-due-to-canadian-birth-author-of-police-state-usa-how-orwells-nig/

From Citizen Wells March 30, 2015.

“Ted Cruz is a graduate of Harvard Law School.

He must have known the truth.

I, like Donald Trump, had good teachers.

Therefore I have good reading comprehension skills.

But this is really simple. The law has 2 parts connected by “and.”

Why did Byron York of the Washington Examiner write this?

“Then there are the people who are born outside the United States to parents who are both American citizens, provided one of them has lived in the U.S. for any period of time. And then there are the people who are born outside the United States to one parent who is a U.S. citizen and the other who is an alien, provided the citizen parent lived in the United States or its possessions for at least five years, at least two of them after age 14.”

“That last category covers Cruz, making him a citizen at birth. Last year, Theodore Olson, the former Bush solicitor general who successfully defended John McCain in a 2008 lawsuit alleging McCain was ineligible to be president, told me, “My conclusion would be that if you are a citizen as a consequence of your birth, that’s a natural-born citizen.”  That would likely be the conclusion of any challenge to Cruz’s eligibility, as well.”

http://www.washingtonexaminer.com/spokesman-senator-cruz-is-a-u.s.-citizen-by-birth/article/2523832

REALLY??

From Citizen News March 30, 2015.

From the US Government.

US Citizenship and Immigration Services

Citizenship Through Parents

There are two general ways to obtain citizenship through U.S. citizen parents, one at birth and one after birth but before the age of 18.  The term “parents” includes:  the genetic father, the genetic mother, and the non-genetic gestational mother, if she is the legal parent at the time of birth under the law of the relevant jurisdiction.  For more information, seeUSCIS Policy Manual guidance on Children of U.S. Citizens.

There are two general ways to obtain citizenship through parents, one at birth and one after birth but before the age of 18. For more information, see USCIS Policy Manual guidance on Children of U.S. Citizens.

Citizenship at Birth for Children Born Outside the U.S. and its Territories

For information on who qualifies as a “child” for citizenship purposes, see USCIS Policy Manual guidance on Children of U.S. Citizens.

In a general, a Child Born Outside the U.S. is a Citizen at Birth when the Child’s Parents Are Married to each other at the Time of Birth IF… AND…
Both parents are U.S. citizens at the time of birth, At least one parent lived in the U.S. or its territories prior to the birth.
One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986 The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14thbirthday.If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

  • Serving honorably in the U.S. armed forces;
  • Employed with the U.S. government; or
  • Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

 

http://www.uscis.gov/us-citizenship/citizenship-through-parents

 

Ted Cruz had 1 US citizen parent but was not born after November 14, 1986.

Cruz became a citizen after birth.

Cornell Law School.

“Natural born citizen

A phrase denoting one of the requirements for becoming President or Vice-President of the United States. Anyone born after the adoption of the U.S. Constitution in 1787 must be a “natural born Citizen” of the United States to constitutionally fill the office of President or Vice-President. See U.S. Const. art. II, § 1; id. at amend. XII.

Some debate exists as to the meaning of this phrase. Consensus exists that anyone born on U.S. soil is a “natural born Citizen.” One may also be a “natural born Citizen” if, despite a birth on foreign soil, U.S. citizenship immediately passes from the person’s parents.”

Ted Cruz did not immediately receive citizenship on birth from parents and isNOT a natural born citizen.

Case closed!

http://citizenwells.net/2015/03/30/ted-cruz-not-us-citizen-at-birth-cruz-lied-not-natural-born-citizen-us-citizenship-and-immigration-services-1-us-citizen-parent-and-not-born-after-november-14-1986/

Once again, that’s an “and” “

https://citizenwells.com/2015/03/30/ted-cruz-by-law-not-us-citizen-at-birth-not-natural-born-citizen-cruz-lied-us-citizenship-and-immigration-services-1-us-citizen-parent-and-not-born-after-november-14-1986/

July 4, 2015 Declaration of Independence preceded by other declarations and resolves, NC active in pre revolution, Liberty Point Resolves, Tryon Resolves, Halifax Resolves first official provincial action for independence in any of colonies

July 4, 2015 Declaration of Independence preceded by other declarations and resolves, NC active in pre revolution, Liberty Point Resolves, Tryon Resolves, Halifax Resolves first official provincial action for independence in any of colonies

“And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.”…Declaration of Independence

“the painful necessity of having recourse to arms in defense of our National freedom and constitutional rights, against all invasions; and at the same time do solemnly engage to take up arms and risk our lives and our fortunes in maintaining the freedom of our country whenever the wisdom and counsel of the Continental Congress or our Provincial Convention shall declare it necessary; and this engagement we will continue in for the preservation of those rights and liberties which the principals of our Constitution and the laws of God, nature and nations have made it our duty to defend.” …Tryon Resolves, NC, August 14, 1775

“These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.”…Thomas Paine

 

From Citizen Wells April 13, 2015.

“Ever since I first read the US Declaration of Independence as a child, I have loved the message, wording and spirit of this incredible declaration. I still have a copy that I framed as a child and I still look upon it with reverence. I especially love the paragraph beginning, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” We should treasure these words and the entire document, never take it for granted and reread it as often as possible. My ancestor was a signer of the Tryon Resolves, almost a year before the US declaration. That fact makes the US declaration even more special for me. Here is the US Declaration of Independence:

IN CONGRESS, JULY 4, 1776
The unanimous Declaration of the thirteen united States of America

When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

https://citizenwells.com/2015/04/13/thomas-jefferson-birthday-april-13-2015-author-of-declaration-of-independence-third-president-founding-father-governor-virginia-founder-university-of-virginia/

NC is not given enough credit for it’s American Revolution participation.

Here are some of the more prominent examples leading up to the revolution.

Liberty Point Resolves June 20, 1775.

“At a general meeting of the several Committees of the District of Wilmington, held at the Court-House in Wilmington, Tuesday, the 20th June, 1775:

Resolved, That the following Association stand as the Association of this Committee, and that it be recommended to the inhabitants of this District to sign the same as speedily as possible.

THE ASSOCIATION.
The actual commencement of hostilities against the Continent by the British Troops, in the bloody scene on the nineteenth of April last, near Boston; the increase of arbitrary impositions, from a wicked and despotick Ministry; and the dread of instigated insurrections in the Colonies, are causes sufficient to drive an oppressed People to the use of arms: We, therefore, the subscribers of Cumberland County, holding ourselves bound by that most sacred of all obligations, the duty of good citizens towards an injured Country, and thoroughly convinced that under our distressed circumstances we shall be justified before you in resisting force by force; do unite ourselves under every tie of religion and honour, and associate as a band in her defence against every foe; hereby solemnly engaging, that whenever our Continental or Provincial Councils shall decree it necessary, we will go forth and be ready to sacrifice our lives and fortunes to secure her freedom and safety. This obligation to continue in full force until, a reconciliation shall take place between Great Britain and America, upon constitutional principles, an event we most ardently desire. And we will hold all those persons inimical to the liberty of the Colonies who shall refuse to subscribe to this Association; and we will in all things follow the advice of our General Committee, respecting the purposes aforesaid, the preservation of peace and good order, and the safety of individual and private property.”

https://en.wikipedia.org/wiki/Liberty_Point_Resolves

Tryon Resolves, NC, August 14, 1775.

“The unprecedented, barbarous and bloody actions committed by British troops on our American brethren near Boston, on 19th April and 20th of May last, together with the hostile operations and treacherous designs now carrying on, by the tools of ministerial vengeance, for the subjugation of all British America, suggest to us the painful necessity of having recourse to arms in defense of our National freedom and constitutional rights, against all invasions; and at the same time do solemnly engage to take up arms and risk our lives and our fortunes in maintaining the freedom of our country whenever the wisdom and counsel of the Continental Congress or our Provincial Convention shall declare it necessary; and this engagement we will continue in for the preservation of those rights and liberties which the principals of our Constitution and the laws of God, nature and nations have made it our duty to defend. We therefore, the subscribers, freeholders and inhabitants of Tryon County, do here by faithfully unite ourselves under the most solemn ties of religion, honor and love to our county, firmly to resist force by force, and hold sacred till a reconciliation shall take place between Great Britain and America on Constitutional principals, which we most ardently desire, and do firmly agree to hold all such persons as inimical to the liberties of America who shall refuse to sign this association.”

Halifax Resolves April 12, 1776.

“The Halifax Resolves were the first official provincial action for independence in any of the colonies. The Fourth Provincial Congress adjourned on May 15, 1776, having appointed a single Council of Safety to rule the entire colony. This council was meeting in Halifax when, on July 22, it received news that the Declaration of Independence had been signed in Philadelphia. The council immediately adopted a resolution declaring North Carolinians “absolved from all Allegiance to the British Crown.” Insert attached image flag.jpg with caption “The North Carolina state flag includes the date of the Halifax Resolves, April 12, 1776.””

Halifax Resolves.

“The Select Committee taking into Consideration the usurpations and violences attempted and committed by the King and Parliament of Britain against America, and the further Measures to be taken for frustrating the same, and for the better defence of this province reported as follows, to wit,

It appears to your Committee that pursuant to the Plan concerted by the British Ministry for subjugating America, the King and Parliament of Great Britain have usurped a Power over the Persons and Properties of the People unlimited and uncontrouled; and disregarding their humble Petitions for Peace, Liberty and safety, have made divers Legislative Acts, denouncing War Famine and every Species of Calamity against the Continent in General. That British Fleets and Armies have been and still are daily employed in destroying the People and committing the most horrid devastations on the Country. That Governors in different Colonies have declared Protection to Slaves who should imbrue their Hands in the Blood of their Masters. That the Ships belonging to America are declared prizes of War and many of them have been violently seized and confiscated in consequence of which multitudes of the people have been destroyed or from easy Circumstances reduced to the most Lamentable distress.

And whereas the moderation hitherto manifested by the United Colonies and their sincere desire to be reconciled to the mother Country on Constitutional Principles, have procured no mitigation of the aforesaid Wrongs and usurpations, and no hopes remain of obtaining redress by those Means alone which have been hitherto tried, Your Committee are of Opinion that the house should enter into the following Resolve to wit,

Resolved that the delegates for this Colony in the Continental Congress be impowered to concur with the delegates of the other Colonies in declaring Independency, and forming foreign Alliances, reserving to this Colony the Sole, and Exclusive right of forming a Constitution and Laws for this Colony, and of appointing delegates from time to time (under the direction of a general Representation thereof) to meet the delegates of the other Colonies for such purposes as shall be hereafter pointed out.”

http://www.nchistoricsites.org/halifax/revolution.htm

Never forget what these people did.