The Tribe/Olson Memo on Natural Born Citizenship
Given the stature of Messrs Tribe and Olson, this should, by any measure, be a nail in the coffin of the 'single citizen-parent' theory of Presidential eligibility.
In early 2008, the John McCain campaign commissioned a report by Laurence Tribe and Theodore Olson on the subject of the Constitution's definition of "natural born citizen," and specifically how it applied to John McCain.
Laurence Tribe is a professor of constitutional law atHarvard Law School
On March 19, 2008, the two men issued their report. The portion most relevant to the Birthers' claims has been excerpted previously:
Laurence Tribe is a professor of constitutional law at
On March 19, 2008, the two men issued their report. The portion most relevant to the Birthers' claims has been excerpted previously:
"The Constitution does not define the meaning of “natural born Citizen.” The U.S. Supreme Court gives meaning to terms that are not expressly defined in the Constitution by looking to the context in which those terms are used; to statutes enacted by the First Congress...and to the common law at the time of the Founding.... These sources all confirm that the phrase “natural born” includes both birth abroad to parents who were citizens, and birth within a nation’s territory and allegiance....
"If the Panama Canal Zone was sovereign U.S. territory at the time of Senator McCain’s birth, then that fact alone would make him a “natural born” citizen under the well-established principle that “natural born” citizenship includes birth within the territory and allegiance of the United States...Premising “natural born” citizenship on the character of the territory in which one is born is rooted in the common-law understanding that persons born within the British kingdom and under loyalty to the British Crown–including most of the Framers themselves, who were born in the American colonies–were deemed natural born subjects."
"If the Panama Canal Zone was sovereign U.S. territory at the time of Senator McCain’s birth, then that fact alone would make him a “natural born” citizen under the well-established principle that “natural born” citizenship includes birth within the territory and allegiance of the United States...Premising “natural born” citizenship on the character of the territory in which one is born is rooted in the common-law understanding that persons born within the British kingdom and under loyalty to the British Crown–including most of the Framers themselves, who were born in the American colonies–were deemed natural born subjects."
2D SESSION IN THE SENATE OF THE UNITED STATES
Mrs. MCCASKILL (for herself and Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) submitted the following resolution; which was referred to the Committee on RESOLUTION.
Senator Leahy included the “Tribe/Olson” report as part of his statement. The Judiciary Committee made no written report. Sens. Patrick Leahy (D-Vt.) and Claire McCaskill (D-Mo.) today introduced a resolution expressing the sense of the U.S. Senate that presidential candidate and current Senator John McCain (R-Ariz.) is a ‘natural born Citizen,’ as specified in the Constitution and eligible to run for President. “Because he was born to American citizens, [plural] there is no doubt in my mind that Senator McCain is a natural born citizen,” said Leahy. “I expect that this will be a unanimous resolution of the Senate.”
“My assumption and my understanding is that if you are born of American parents,[plural] you are naturally a natural-born American citizen,” Chertoff replied.
The United States Supreme Court cases and cases from other courts have confirmed that national citizenship has been defined under American common law which has had its genesis in natural law and the law of nations as explicated by Vattel and not under the English common law or Blackstone: Used Vattel Law of Nations and quoted his definition of “natural born Citizen” as did Minor v. Happersett); (10) and Perkins v. Elg, 307 U.S. 325 (1939) (other than Minor v. Happersett, [1875] the only U.S. Supreme Court decision that declared someone a “natural born Citizen.” The person was born in the
http://www.scribd.com/doc/25457698/The-Tribe-Olson-Natural-Born-Citizen-Memo
SUPREME COURT OF THE UNITED STATES
88 U.S.
Minor v. Happersett
Argued: February 9, 1875 --- Decided: March 29, 1875
The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens.
And furthermore, Minor was the first case to hold that women are equal citizens to men. Note parents is plural, not singular.
Minor case ruling by SCOTUS on Natural Born Citizen has come up or been referenced several times since then, setting precedent. Mitt Romney’s father George W. Romney was born in
Attorney Leo Donofrio and Mario Apuzzo found many letters to forefathers defining definition of natural born and what to do with a dual citizen. Most countries do not allow dual citizenship, with loyalty to one for an official office. American forefathers intended a 2nd generation citizen, born, raised and educated by the American way of life.
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