Saturday, April 2, 2011

Re: "Congress has the authority to ban immigration from Muslim countries"

NO Amendment can change those restrictions prior to 1808.
There is no Power enumerated for the Congress To "prohibit" the migration or importation. It necessarily requires an Amendment. The Amendment process, however, solidifies that the Government cannot simply Amend this before 1808. AIS9C1 is a prohibition AGAINST Congress doing something (they are nowhere empowered to do in the first place) AND it adds a tax. The "importation" matter was addressed in Amendment XIII. There is no Amendment regarding (natural right) "migration" or "immigration" or similar. These powers remain with the Sovereign States.

As Amendment X so plainly relates:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The obvious place "immigration" powers would appear would be in AIS8C4. They don't. They appear nowhere else either.

While Americans and other within the boundaries are certainly enslaved, THAT is not what that "aging parchment" relates.

Regard$,
--MJ

Modern nationalism and collectivism have, by the restriction of migration, perhaps come nearest to the "servile state." …Man can hardly be reduced more to a mere wheel in the clockwork of the national collectivist state that being deprived of his freedom to move.... Feeling that he belongs now to his nation, body and soul, he will be more easily subdued to the obedient state serf which nationalist and collectivist governments demand. -- Wilhelm Röpke

At 02:04 PM 4/2/2011, you wrote:

That simply states that no Amendment made prior to 1808 may permit a change to the provisions of Article I, Section 9. It does not state that an Amendment is necessary for Congress to limit migration after 1808.

Personally, I have no problem with free migration from one area of the planet to another. But that does not change what those four pieces of aging parchment actually say.

On 04/02/2011 10:34 AM, MJ wrote:

Yep ... that goes with THIS portion of Article V:
... Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article ...

So you imagine there to be an Amendment providing such a Power?

Regard$,
--MJ

"Bryan Caplan has a damn good argument against the welfare state: Its existence will always be raised as a reason why free immigration cannot be permitted. Thus the theory of human rights is set against itself. The winner is power." -- Sheldon Richman

At 01:31 PM 4/2/2011, you wrote:

Article I, Section 9, states in part, "The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person." That would suggest that Congress was not prohibited from doing so after 1808.

On 04/02/2011 06:34 AM, MJ wrote:

Really?
Congress has no authority over immigration at all.
Perhaps a citation of the Article, Section and Clause or Amendment is in order.

Regard$,
--MJ

The Constitution does not authorize the federal government to control immigration. Nor does it say anything about illegal aliens. ... Sadly, lawmakers have repeatedly interpreted this silence as license for ill-conceived legislation. Congress began barring entry to the nation in 1875 with prostitutes and convicts. Soon, all sorts of people fell short of congressional glory: ex-convicts in 1882, along with Chinese citizens, lunatics, and idiots. Paupers, polygamists, and people suffering from infectious diseases or insanity made the list in 1891, while the illiterate were banned in 1917. -- Becky Akers

At 02:45 AM 4/2/2011, you wrote:

"Congress has the authority to ban immigration from Muslim countries"

barenakedislam | April 1, 2011 at 7:17 PM | Categories: Islam in America | URL: http://wp.me/peHnV-rS2

Bryan Fischer continues to infuriate the Left with his honest assessment of Islam in America. Right Wing Watch --Last week, the American Family Association's Bryan Fischer declared that the First Amendment does not apply to Islam and therefore, Muslims have no right to freely practice their religion in this country. A few days later, Fischer [...]

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Re: "Congress has the authority to ban immigration from Muslim countries"

That simply states that no Amendment made prior to 1808 may permit a change to the provisions of Article I, Section 9. It does not state that an Amendment is necessary for Congress to limit migration after 1808.

Personally, I have no problem with free migration from one area of the planet to another. But that does not change what those four pieces of aging parchment actually say.

On 04/02/2011 10:34 AM, MJ wrote:

Yep ... that goes with THIS portion of Article V:
... Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article ...

So you imagine there to be an Amendment providing such a Power?

Regard$,
--MJ

"Bryan Caplan has a damn good argument against the welfare state: Its existence will always be raised as a reason why free immigration cannot be permitted. Thus the theory of human rights is set against itself. The winner is power." -- Sheldon Richman

At 01:31 PM 4/2/2011, you wrote:

Article I, Section 9, states in part, "The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person." That would suggest that Congress was not prohibited from doing so after 1808.

On 04/02/2011 06:34 AM, MJ wrote:

Really?
Congress has no authority over immigration at all.
Perhaps a citation of the Article, Section and Clause or Amendment is in order.

Regard$,
--MJ

The Constitution does not authorize the federal government to control immigration. Nor does it say anything about illegal aliens. ... Sadly, lawmakers have repeatedly interpreted this silence as license for ill-conceived legislation. Congress began barring entry to the nation in 1875 with prostitutes and convicts. Soon, all sorts of people fell short of congressional glory: ex-convicts in 1882, along with Chinese citizens, lunatics, and idiots. Paupers, polygamists, and people suffering from infectious diseases or insanity made the list in 1891, while the illiterate were banned in 1917. -- Becky Akers

At 02:45 AM 4/2/2011, you wrote:

"Congress has the authority to ban immigration from Muslim countries"

barenakedislam | April 1, 2011 at 7:17 PM | Categories: Islam in America | URL: http://wp.me/peHnV-rS2

Bryan Fischer continues to infuriate the Left with his honest assessment of Islam in America. Right Wing Watch --Last week, the American Family Association's Bryan Fischer declared that the First Amendment does not apply to Islam and therefore, Muslims have no right to freely practice their religion in this country. A few days later, Fischer [...]

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Fwd: Cutting back

-------- Original Message --------

Subject:	Cutting back
Date:	Sat, 2 Apr 2011 10:51:17 EDT
From:	Big2Wheelr@aol.com
To:	rhomp2002@earthlink.net

Re: "Congress has the authority to ban immigration from Muslim countries"

Yep ... that goes with THIS portion of Article V:
... Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article ...

So you imagine there to be an Amendment providing such a Power?

Regard$,
--MJ

"Bryan Caplan has a damn good argument against the welfare state: Its existence will always be raised as a reason why free immigration cannot be permitted. Thus the theory of human rights is set against itself. The winner is power." -- Sheldon Richman

At 01:31 PM 4/2/2011, you wrote:

Article I, Section 9, states in part, "The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person." That would suggest that Congress was not prohibited from doing so after 1808.

On 04/02/2011 06:34 AM, MJ wrote:

Really?
Congress has no authority over immigration at all.
Perhaps a citation of the Article, Section and Clause or Amendment is in order.

Regard$,
--MJ

The Constitution does not authorize the federal government to control immigration. Nor does it say anything about illegal aliens. ... Sadly, lawmakers have repeatedly interpreted this silence as license for ill-conceived legislation. Congress began barring entry to the nation in 1875 with prostitutes and convicts. Soon, all sorts of people fell short of congressional glory: ex-convicts in 1882, along with Chinese citizens, lunatics, and idiots. Paupers, polygamists, and people suffering from infectious diseases or insanity made the list in 1891, while the illiterate were banned in 1917. -- Becky Akers

At 02:45 AM 4/2/2011, you wrote:

"Congress has the authority to ban immigration from Muslim countries"

barenakedislam | April 1, 2011 at 7:17 PM | Categories: Islam in America | URL: http://wp.me/peHnV-rS2

Bryan Fischer continues to infuriate the Left with his honest assessment of Islam in America. Right Wing Watch --Last week, the American Family Association's Bryan Fischer declared that the First Amendment does not apply to Islam and therefore, Muslims have no right to freely practice their religion in this country. A few days later, Fischer [...]

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Re: "Congress has the authority to ban immigration from Muslim countries"

Article I, Section 9, states in part, "The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person." That would suggest that Congress was not prohibited from doing so after 1808.

On 04/02/2011 06:34 AM, MJ wrote:

Really?
Congress has no authority over immigration at all.
Perhaps a citation of the Article, Section and Clause or Amendment is in order.

Regard$,
--MJ

The Constitution does not authorize the federal government to control immigration. Nor does it say anything about illegal aliens. ... Sadly, lawmakers have repeatedly interpreted this silence as license for ill-conceived legislation. Congress began barring entry to the nation in 1875 with prostitutes and convicts. Soon, all sorts of people fell short of congressional glory: ex-convicts in 1882, along with Chinese citizens, lunatics, and idiots. Paupers, polygamists, and people suffering from infectious diseases or insanity made the list in 1891, while the illiterate were banned in 1917. -- Becky Akers

At 02:45 AM 4/2/2011, you wrote:

"Congress has the authority to ban immigration from Muslim countries"

barenakedislam | April 1, 2011 at 7:17 PM | Categories: Islam in America | URL: http://wp.me/peHnV-rS2

Bryan Fischer continues to infuriate the Left with his honest assessment of Islam in America. Right Wing Watch --Last week, the American Family Association's Bryan Fischer declared that the First Amendment does not apply to Islam and therefore, Muslims have no right to freely practice their religion in this country. A few days later, Fischer [...]

Read more of this post

Add a comment to this post

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Re: Obama's ineligibility for dummies

The interest in Obama's birth place is reminiscent of the interest in the birth place of Chester Alan Arthur, the 21st President. He was the son of Irish-born preacher William Arthur. "Most official references list Arthur as having been born in Fairfield in Franklin County, Vermont on October 5, 1829," however, there were claims that Arthur was actually born in Ireland or Canada. Those claims were ignored.

On 04/02/2011 06:21 AM, Bruce Majors wrote:

Constitution, Natural born citizen, Certification of Live Birth

Obama's ineligibility for dummies

Share |  | (25) Comments | Subscribe | Back to full Article | Contact Us

By Lawrence Sellin  Thursday, March 31, 2011

On August 28, 2008, Representative Nancy Pelosi, then Chair of the Democratic National Convention signed an official Certification of Nomination verifying that Barack Obama was legally qualified to serve as President of the United States under the provisions of the United States Constitution.

I would like to know what Constitutional criteria were used by Rep. Pelosi to make that determination and what evidence she provided to support her contention.

The issue of Barack Obama's eligibility must be resolved now before the 2012 election. It is incumbent on those, who authorize his place on the ballot to cite the legal bases for making such a claim.

Let me begin by asserting that the Certification of Live Birth, which mysteriously appeared without verification by the State of Hawaii and may be a forgery, or newspaper clippings, are not adequate proof of eligibility.

Article II, Section 1 of the Constitution 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; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States."

Traditionally, "natural born" refers to ancestry describing a child born in the UnitedStatesuch as US military bases), whose parents are US citizens at the time of birth.

I hasten to add, however, that nowhere in the Constitution or in its Amendments is the term "natural born" defined.

Nevertheless, there is a legal paper trail supporting that description. Much of what I write below is taken from a superb report by Leo Donofrio found here (link).

The definition of "natural born" originates from John Armor Bingham, a Republican congressman and abolitionist from Ohio and principal framer of the Fourteenth Amendment to the Constitution.

In 1862 and 1866, respectively, Bingham stated on the floor of the House of Representative:

"All from other lands, who by the terms of [congressional] laws and a compliance with their provisions become naturalized, are adopted citizens of the United States; all other persons born within the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens."

"Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen."

No Representative took issue with these words. The underlying issues within those Congressional debates were hotly contested. Yet Bingham's definition of "natural born citizen" (born in the US of citizen parents) was never challenged on the floor of the House.

In the concurring opinion in Duncan v. Louisiana, 391 U.S. 145 (1968), United States Supreme Court Associate Justice Hugo Black, emphasized his reliance on the statements made by Representative Bingham and Senator Howard in Congress which pertain to the drafting and adoption of the Fourteenth Amendment. Justice Black stated that "it is far wiser to rely on" the words of Bingham and Howard when analyzing the 14th Amendment. The relevant passage is as follows:

"Professor Fairman's "history" relies very heavily on what was not said in the state legislatures that passed on the Fourteenth Amendment. Instead of relying on this kind of negative pregnant, my legislative experience has convinced me that it is far wiser to rely on what was said, and, most importantly, said by the men who actually sponsored the Amendment in the Congress. I know from my years in the United States Senate that it is to men like Congressman Bingham, who steered the Amendment through the House, and Senator Howard, who introduced it in the Senate, that members of Congress look when they seek the real meaning of what is being offered. And they vote for or against a bill based on what the sponsors of that bill and those who oppose it tell them it means."

As best as I can ascertain from the Constitution and its history, Barack Obama is not eligible to be President of the United States.

That is my argument, Rep. Pelosi. Please tell us yours?

Lawrence Sellin  Bio

Lawrence Sellin Most recent columns

Lawrence Sellin, Ph.D. is a recently retired colonel with 29 years of service in the US Army Reserve. He is a veteran of Afghanistan and Iraq.

Lawrence Sellin, Ph.D. receives hate mail atlawrence.sellin@gmail.com

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