What The Constitution Tells Us

WHAT IS THE CONSTITUTION?

What is the Constitution? In short, the US Constitution is a contract between the Federal Government and

the Citizens of the US through each of the individual States. When that contract is broken by either party,

it is the right and the duty of the party being offended to seek reparations via the channels available to that

person.

The Federal Government has repeatedly broken this contract by overstepping its bounds as given by the

US Constitution. There are only 18 enumerated powers of the federal Government. These are (Article I,

Section 8):

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts

and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts

and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies

throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and

Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and

Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of

Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and

Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than

two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel

Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as

may be employed in the Service of the United States, reserving to the States respectively, the

Appointment of the Officers, and the Authority of training the Militia according to the discipline

prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles

square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the

Government of the United States, and to exercise like Authority over all Places purchased by the Consent

of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals,

dock-Yards and other needful Buildings;-And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers,

and all other Powers vested by this Constitution in the Government of the United States, or in any

Department or Officer thereof.”

The readers must ask themselves this question, “How much of the Federal Government actually exceeds

these 18 mandates?” The answer to this question gives us the first step on how to correct the major

problems this country is facing today.

The long history of usurpations of the rights of the individual States must cease immediately and Citizens

for Constitutional Government Reform seeks to reverse this long history of usurpations and restore the

Country to the promises made within the text and intentions of the Constitution of the United States.

UNDERSTANDING THE CONSTITUTION

To understand the Constitution, it is equally important to understand what the Constitution is not.

It is said that the Constitution is a “Living Document”, this is a lie. If something lives, it can also die.

The Constitution was written to be a “Perpetual Document” that would unite the individual

States under a common central government that would be strong enough to protect them from all

other nations, but weak enough that it would not interfere with the citizens of the states.

The Constitution is a document that not only tells us what the Federal Government can do, but more

importantly, it outlines what the Federal Government can NOT do. The Constitution was written so that

the average person could understand what it contains, not written so that the average person would require

a lawyer to understand its contents. At least that is what the intention of the Founding Fathers was.

Today, we have decades upon decades of politicians twisting the words of the Constitution and

obfuscating the true meaning and intentions of this document with false meanings and interpretations that

were never intended and which stretch the definitions of the words nearly to their breaking points.

We have courts which have abandoned their Constitutional duties and who are now creating new laws by

the decisions they render. This oversteps their Constitutional authority as the power to create laws is

delegated to the Legislative Branch ONLY, yet the legislatures allow this to happen, crying that they have

no recourse.

We have the Executive Branch which creates new regulations by the day. Each regulation is, in essence,

a new law that the citizens must follow in their business dealings and in their everyday lives. Again, this

is a power Constitutionally delegated ONLY to the Legislative Branch, yet they once more cry that they

can’t do anything about this.

What the founders created was to be a balance of powers equally divided.

The Legislative Branch, Congress, was to create the laws that governed the Federal Government. These

laws were only bounded by the powers that the US Constitution allowed the Federal Government to

regulate.

The Executive Branch would be required to sign these laws into being and would then execute the letter

of the law to ensure that they are followed and equally applied to all citizens that they apply to. The

Executive Branch was to be a check against the Legislative Branch to ensure that all laws fall within the

bounds of the US Constitution.

The Judicial Branch ensures that the laws passed are both constitutional and they are executed as

intended. The Judicial Branch was to be a safeguard that any unintended consequences of a law do not

infringe on the rights and freedoms of the citizens of the individual States.

Sadly, what was intended has been perverted to what we have today. An example of this would be the

misapplications and perverted meanings and intentions of the major laws that have been passed regarding

citizenship. The current definition of citizenship that is being passed today violates the laws that have

been passed, the intentions of those laws and even Supreme Court precedence.

CITIZENSHIP

Throughout its history, the United States has had several Acts and Laws pertaining to US

Citizenship and Naturalization. The most notable of these are the Naturalization Act of 1790 and

the Naturalization Act of 1795. But before we go into detail of why these two Acts are so

important in understanding US Citizenship, we must first understand the concept that binds the

Declaration of Independence and the US Constitution together as the cement behind the

intentions of the Founding Fathers.

The concept of Natural Law [http://www.nccs.net/natural-law-the-ultimate-source-of-

constitutional-law.php] was foremost in the minds of the Founding Fathers as they penned these

two documents. This can be referenced in the Declaration of Independence by the following

passage:

“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”

By these words, the Founding Fathers are invoking Natural Law as the basis for their separation

from England during the reign of King George III.

The Founders were also well versed in Natural Law by the treatise, “Law of Nations, or

Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns”

by Emerich de Vattel.

Natural Law, as it pertains to citizenship, is divided into two “rights”. The first is jus soli, the

right of the soil. The second is jus sanguinis, the right of the blood. But what do these two terms

tell us. These two terms tell us that the right of citizenship is naturally transferred through either

the soil of the country or through the bloodline of its citizens. These two rights can be exclusive

or inclusive of each other.

We must also be aware that citizenship is granted in one of three ways. A citizen of a country is

either a citizen through Natural Law (natural born citizen), by virtue of the citizenship laws of

the country (a non-natural born citizen) and through the naturalization process (naturalized

citizen). So how do we know the difference?

Going backwards through these processes, we have the naturalization process. This is basically a

process where the country decides, through its laws, of how to admit an alien for citizenship and

the rules to be followed in admitting the alien into the ranks of the citizenry of the country. So

he prospective citizen meets the criteria for citizenship, applies for it and is then granted

citizenship.

Then we have the citizen who meets the criteria for citizenship without needing to apply for it.

The three main causes the US citizenship laws give for automatic citizenship are:

1) Being the minor child (under 18) of a naturalized citizen

2) Those children born within the US and

3) Those children born of one or both US parents

An important observation to be made here is that these three causes for citizenship, or the right to

citizenship, are all granted through the man-made laws of the country they pertain to. In this

case, the United States.

This brings us to the issue of a natural born citizen. In order to be a natural born citizen, the

person in question must be first, a citizen of the country. Second, the person must also not be

able to claim citizenship of any other country.

In the case of a child born outside of the US and of US parents, that child is a citizen of the US

by jus sanguinis, but of another country by jus solis. If that same child was born within the US

by foreign parents, that child is a citizen of the US by jus solis, but a citizen of another country

by jus sanguinis. And third, if born of one US citizen parent and one non-US citizen, the child

can claim citizenship of both countries by jus sanguinis regardless of the place of birth.

The natural-born citizen is a citizen whose citizenship of a specific country cannot be denied. By

Natural Law, the natural born citizen must be born both within the jurisdiction of the country and

of two parents who are both citizens of that same country. This is where the specific wordings

within the Naturalization Acts of 1790 and of 1795 become so important.

Naturalization Act of 1790 [http://www.indiana.edu/~kdhist/H105-documents-

web/week08/naturalization1790.html]

“Be it enacted by the Senate and House of Representatives of the United States of

America, in Congress assembled, That any Alien being a free white person, who shall

have resided within the limits and under the jurisdiction of the United States for the term

of two years, may be admitted to become a citizen thereof on application to any common

law Court of record in any one of the States wherein he shall have resided for the term of

one year at least, and making proof to the satisfaction of such Court  that he is a person

of good character, and taking the oath or affirmation prescribed by law to support the

Constitution of the United States, which Oath or Affirmation such Court shall administer,

and the Clerk of such Court shall record such Application, and the proceedings thereon;

and thereupon such person shall be considered as a Citizen of the United States.  And the

children of such person so naturalized, dwelling within the United States, being under the

age of twenty one years at the time of such naturalization, shall also be considered as

citizens of the United States.  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:  Provided, that the right of citizenship shall not descend to persons whose

fathers have never been resident in the United States:  Provided also, that no person

heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an

Act of the Legislature of the State in which such person was proscribed.”

Naturalization Act of 1790 [http://www.indiana.edu/~kdhist/H105-documents-

web/week08/naturalization1790.html]

For carrying into complete effect the power given by the constitution, to establish an

uniform rule of naturalization throughout the United States:

SEC.1.  Be it enacted by the Senate and House of Representatives of the United States of

America, in Congress assembled, That any alien, being a free white person, may be

admitted to become a citizen of the United States, or any of them, on the following

conditions, and not otherwise: —

First.  He shall have declared, on oath or affirmation, before the supreme, superior,

district, or circuit court of some one of the states, or of the territories northwest or south

of the river Ohio, or a circuit or district court of the United States, three years, at least,

before his admission, that it was bona fide, his intention to become a citizen of the United

States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate,

state, or sovereignty whatever, and particularly, by name, the prince, potentate, state or

sovereignty whereof such alien may, at that time, be a citizen or subject.

Secondly.  He shall, at the time of his application to be admitted, declare on oath or

affirmation before some one of the courts aforesaid, that he has resided within the United

States, five years at least, and within the state or territory, where such court is at the time

held, one year at least; that he will support the constitution of the United States; and that

he does absolutely and entirely renounce and abjure all allegiance and fidelity to any

foreign prince, potentate, state, or sovereignty whatever, and particularly by name, the

prince, potentate, state, or sovereignty, whereof he was before a citizen or subject; which

proceedings shall be recorded by the clerk of the court.

Thirdly.  The court admitting such alien shall be satisfied that he has resided within the

limits and under the jurisdiction of the United States five years; and it shall further appear

to their satisfaction, that during that time, he has behaved as a man of a good moral

character, attached to the principles of the constitution of the United States, and well

disposed to the good order and happiness of the same.

Fourthly.  In case the alien applying to be admitted to citizenship shall have borne any

hereditary title, or been of any of the orders of nobility, in the kingdom or state from

which he came, he shall, in addition to the above requisites, make an express renunciation

of his title or order of nobility, in the court to which his application shall be made; which

renunciation shall be recorded in the said court.

SEC. 2.  Provided always, and be it further enacted, That any alien now residing within

the limits and under the jurisdiction of the United States may be admitted to become a

citizen on his declaring, on oath or affirmation, in some one of the courts aforesaid, that

he has resided two years, at least, within and under the jurisdiction of the same, and one

year, at least, within the state or territory where such court is at the time held; that he will

support the constitution of the United States; and that he does absolutely and entirely

renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or

sovereignty whatever, and particularly by name the prince, potentate, state, or

sovereignty, whereof he was before a citizen or subject; and moreover, on its appearing to

the satisfaction of the court, that during the said term of two years, he has behaved as a

man of good moral character, attached to the constitution of the United States, and well

disposed to the good order and happiness of the same; and when the alien applying for

admission to citizenship, shall have borne any hereditary title, or been of any of the

orders of nobility in the kingdom or state from which he came, on his moreover making

in the court an express renunciation of his title or order of nobility, before he shall be

entitled to such admission; all of which proceedings, required in this proviso to be

performed in the court, shall be recorded by the clerk thereof.

SEC. 3.  And be it further enacted, that the children of persons duly naturalized, dwelling

within the United States, and being under the age of twenty-one years, at the time of such

naturalization, and the children of citizens of the United States, born out of the limits and

jurisdiction of the United States, shall be considered as citizens of the United States:

Provided, That the right of citizenship shall not descend to persons, whose fathers have

never been resident of the United States:  Provided also, That no person heretofore

proscribed by any state, or who has been legally convicted of having joined the army of

Great Britain during the late war, shall be admitted a citizen as foresaid, without the

consent of the legislature of the state, in which such person was proscribed.

SEC. 4.  And be it further enacted, That the Act intituled, “An act to establish an uniform

rule of naturalization,” passed the twenty-sixth day of March, one thousand seven

hundred and ninety, be, and the same is hereby repealed.

The Naturalization Act of 1795 repealed and replaced the Naturalization Act of 1790, but if you

inspect these two laws, there is one item conspicuously missing in the 1795 law which is the text,

“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”

Except for these words, the Naturalization Act of 1795 is word for word the same as the

Naturalization Act of 1790 with some parts expounded upon, but without deletions. So why was

this one sentence removed?

Let’s go a bit further back in time to a statement made by James Madison in 1789,

“It is an established maxim, received by all political writers, that every person owes a

natural allegiance to the government of that country in which he is born. Allegiance is

defined to be a tie, that binds the subject to the state, and in consequence of his

obedience, he is entitled to protection… The children of aliens, born in this state, are

considered as natural born subjects, and have the same rights with the rest of the citizens”

Madison is stating that those born within the country, regardless of their parent’s citizenship, as

having the same rights as a natural born citizen, not equating those children as “natural born”.

Fast forward to 1795 where Madison made the following Statement,

“some might erroneously infer, from the 1790 Act, that the foreign-born children of

American parents actually “are” (not merely “considered as”) natural born citizens.”

It is regarded by Constitutional scholars that these statements and the removal of the particular

wording from the Naturalization Act of 1790 were not done in error or without careful

consideration. The purpose for the removal of these words was first, and foremost, to ensure that

the wording could not be misconstrued to confer natural born citizenship on those who did not

meet the requirements according to Natural Law. In other words, no act of Congress or even of

man can “deem” or “consider” a person to be natural born if that person does not meet the

requirement of jus solis and jus sanguinis. Satisfying just one or part of one of those

requirements only results in a person becoming naturalized at birth rather than being a natural

born citizen.

For further reading, please refer to “Natural Born Citizen” by Pinckney G. McElwee.