You do a disservice to your readers and the country by publishing Lawrence Sellin’s Guest Editorial unless you publish the other side. Put bluntly, Sellin’s article is nonsense. There is no constitutional scholar, no civics text book, and no court decision that supports his claim that persons born citizens on US Soil must in addition have US citizen parents to be President of the United States.
Sellin relies on the US Supreme Court decision in Minor v. Happersett, but a judge in your own State of Arizona, in Allen v. Obama (2012), ruled:
Most importantly, Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, Arizona v. Jay J. Garfield Bldg. Co. , 39 Ariz. 45, 54, 3 P.2d 983, 986(1931), and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President. … Contrary to Plaintiff’s assertion, Minor v. Happersett, 88 U.S. 162 (1874), does not hold otherwise”
In fact, no fewer than 11 court decisions since 2008 have said the same thing.
But it is more than Sellin just being wrong; he is also trying to trick the reader, for example, when he says:
Why has every President since Martin van Buren been a US citizen at birth of two citizen parents except Barack Obama and Chester A. Arthur, who lied about his personal history?
He is leading the reader to think that Arthur lied about his father’s citizenship, but that is not true. President Arthur never said or even hinted anything relating to his father’s citizenship. (Arthur apparently lied about his age by one year.) The scant information available about Arthur suggests that his opponents were aware of his father’s naturalization status, and didn’t think it an issue. In Arthur’s own state the New York Chancery Court had previously offered the opinion in the case of Lynch v. Clarke (1844):
The term citizen, was used in the constitution as a word, the meaning of which was already established and well understood. And the constitution itself contains a direct recognition of the subsisting common law principle, in the section which defines the qualification of the President. “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,” … The only standard which then existed, of a natural born citizen, was the rule of the common law, and no different standard has been adopted since. Suppose a person should be elected President who was native born, but of alien parents, could there be any reasonable doubt that he was eligible under the constitution? I think not.
The nonpartisan Congressional Research Service, a branch of the Library of Congress, produced a comprehensive report on presidential eligibility, in response to queries from members of Congress. That’s where one should go if they want authoritative information on this topic, not to some guy on the Internet:
Lest anyone claim the CRS report is some modern political revisionism, I would point you to the book, A View of the Constitution, by William Rawle, the first civics textbook in the United States, used at the US Military Academy at West Point. Rawle is a noted jurist and historian, and was appointed by George Washington as US Attorney for Pennsylvania. Rawle wrote in 1825:
Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural-born citizen within the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity….
Under the Constitution the question is settled by its express language, and when we are informed that, excepting those who were citizens, (however that capacity was acquired,) at the time the Constitution was adopted, no person is eligible to the office of the president unless he is a natural born citizen, the principle that the place of birth creates the relative quality is established as to us.
Sellin is the one trying to rewrite history.
Further related reading at Obama Conspiracy Theories:
- Donofrio claims more Internet scrubbing
- Obots in HISTORY! William Rawle (1759 – 1836)
- Recent court rulings on presidential eligibility
- The Great Mother of all Natural Born Citizenship Quotation Pages
- Chester A. Arthur: Rest in Peace
- The Assassination of Chester A. Arthur
- Lawrence Sellin, PhD, spreads disinformation about presidential eligibility
- John McCain eligibility links
- John McCain – natural born citizen