Leo Donofrio has moved his website from Google’s blogger account to WordPress. Donofrio has a new
article that explains natural born citizen in response to the Judah Benjamin article on the Texas Darlin
“On November 28, 2008, Judah Benjamin published an article at the Texas Darlin blog which discussed my case and the natural born citizen issue. While I enjoyed reading this article, and I agree with the conclusion – that Obama is not eligible – I disagree with the basis upon which that conclusion was made.
Specifically, I disagree that the common law is controlling on the issue of “natural born citizen”. It is “national law” which is controlling. I don’t know if Mr. Benjamin is a lawyer, but his reading, explanation and understanding of the natural born citizen issue is not exactly on point.
I do agree with Benjamin’s conclusion, that Obama is not a natural born citizen, but for the wrong reasons.
And I did enjoy Judah’s article above. He has obviously done much research. But there is a glaring mistake in his logic where he fails to point out the necessary concept in common law definition of “natural born subject.”
There are two mistakes in his article which need to be addressed.
FIRST MISTAKE: Failure to state cited law was repealed.
Judah mentions the 1790 naturalization act as follows:
“In the United States Naturalization Law of March 26, 1790 (1 Stat. 103) it says:
‘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’.”
Unfortunately, Benjamin fails to mention, as do many others, that this act was specifically repealed in 1795 and replaced with the same exact clause as written above EXCEPT the words “natural born” have been deleted leaving only the word “citizens”.
See Section 3 Naturalization Act of 1795
This leads to the second point of error.
SECOND MISTAKE: Failure to properly analyze common law.”
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