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Pryor nomination headed for final Senate vote

Jill A. Pryor is known here for a law review article she wrote 26 years ago on presidential eligibility, one in which she said that persons like Barack Obama are eligible. President Obama nominated her for the 11th Circuit Court of Appeals back in 2012, and her nomination has been delayed along with many judicial appointments in the Senate. Birthers have advocated blocking Pryor’s nomination.

The Senate voted yesterday to invoke cloture on debate over her nomination and to proceed to a vote on September 8. Confirmation is all but certain.

H/t to Joseph Robidoux III at The Fogbow.


The whole notion that the Senate is blocking Obama’s judicial appointments more so than Democrats did to Bush appointments is one where different sides of the issue tell different stories. It depends on how you count.

Birther opposes Jill Pryor judicial confirmation

Jill A. Pryor made her first appearance on this blog in its first month of publication in a reference to her law review paper, “The Natural-Born Citizen Clause and Presidential Eligibility: An Approach for Resolving Two Hundred Years of Uncertainty” – Yale Law Journal 1988. [Readers note that the original hyperlink to Prior’s article has gone stale like so many, and I’ve replaced it from Archive.org. Both the 2008 article and the Citizenship bookmarks link page have been updated.]

The Unslave America blog is campaigning to block Senate approval of her nomination to  the 11th Circuit Court of Appeals. The 2012 nomination has been backlogged in the Senate for over two years and only this month received a Senate hearing. The author (presumably Tracy Fair) objects to Pryor’s confirmation because she agrees with the universal opinion of authorities on the topic, that persons like Barack Obama are eligible to be President. UA calls Pryor a “Georgia eligibility case co-conspirator” for her article, written more than 20 years before the Georgia eligibility case.

Please help stop this woman from being appointed to the Federal Appeals Court in Georgia by contacting every member on the Senate Judiciary Committee and letting them know that she is aiding and abetting Obama in covering up his identity and helping to hide the truth that he is not a natural born citizen.

The Great Mother of all Native Born Citizenship Pages

There seems to be strong historical evidence that the founders of the country considered native born citizen and natural born citizen the same thing. Consider the following from commenter Ballantine and see of you don’t agree:

No court has ruled on NBC. The court has not defined many terms, but that does not mean a definition is in doubt. Even if it was in doubt, the court will look to all early legal authorities to define such term…

With respect to native birth, Wong stated that since the common law was adopted, all children born in the US are generally native born citizens. You are simply trying to read an implication into a choice of terminology. The court made clear the English common law rules controlled and under the common law all the native born (subject to common law exceptions) were by definition “natural born.” I think you need to refresh your Blackstone as you would see there are only 2 classes of people at birth under the common law, the natural born and the alien born. The natural born were also referred to as natives. There is no authority anywhere that says there is a difference between native and natural born under the common law.

Finally, here is a list of early authorities saying that the president needs to be native born citizen or a native. Take notice it includes the most influential scholars of the early republic that court consistently relies upon. If you or Leo [Donofrio] disagree with this multitude you need to find authority to the contrary. Clearly, there you have no such authority.

“No man but a native, or who has resided fourteen years in America, can be chosen President.” Elliot’s Debates –DEBATES IN THE CONVENTION OF THE STATE OF NORTH CAROLINA, ON THE ADOPTION OF THE FEDERAL CONSTITUTION, pg 195-196 (statements of future Supreme Court Justice James Iredell, July 30, 1788).

“That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted) is a happy means of security against foreign influence,…” St. George Tucker, BLACKSTONE’S COMMENTARIES (1803) Continue Reading →

The Great Mother of All Natural Born Citizen Quotation Pages

Partial lists don’t carry the full impact of citations scattered here and there. This project is to collect everything accessible and to the point into one place If it takes much context or argument, a brief reference and a link is included. I promise you that the quotations will mean the same thing when you read them here than they mean if you read the larger context, and the larger context will be linked to the text. No tricks, no deception.

For additional citations, see The “Natural Born Citizenship” Clause (Updated) to whom this article is indebted for some of these citations. And for EVEN MORE citations see SCOTUS & “Natural Born Citizen” – A Compendium, Books on Google that define “Natural Born Citizen” and History of US citizenship laws.

Continue Reading →

Judge and Jury: Arguments on “natural born citizen”

Judges and juries are different. Juries are lay people like you and me, who make decisions like you and me. Juries decide what the true facts are when there is doubt, but they are never asked to decide what the law is. Judges have special training in the law. They decide based on rules, laws and precedents. Judges decide what the law means.

Just as judges and juries are different, arguments on the meaning of “natural born citizen” are different. There are arguments addressed to lay people and there are arguments addressed to judges. Lawyers make both kinds of arguments. Continue Reading →