Constitution's "Natural Born Citizen" defined by Vattal's "Law of Nations"

A Place to Ask Questions To Get the Right Answers ^ | August 20, 2009 | Mario Apuzzo

[kingattax]

The Law of Nations as U.S. Federal Common Law and Not English Common Law Defines What an Article II "Natural Born Citizen" Is --------

Given the profound differences between the citizenship rules associated with the English common law and those connected with American national citizenship, it is evident that the Founders did not use English common law to define what an Article II “natural born Citizen” is but rather used the law of nations for that purpose.

To the extent that the English common law was relied upon in the colonies and States, that law was at the time that the Constitution was adopted “to a greater or less extent, recognized as the law of the States by which the Constitution was adopted.” The English common law would, however, be applied to determine questions of citizenship only if the written law was silent, i.e., there was no statute or federal or state court decision on the subject. Ludlam, Excutrix, & c., v. Ludlam, 26 N.Y. 356 (1863). But the Founders did not rely upon the English common law to define the new national United States citizenship that they created for the new Constitutional Republic. Rather, the Founders displaced the English common law with the law of nations which became the new U.S. federal common law and the law of the federal government.

[DallasMike]

Every first year-law student learns that America’s legal system was founded upon British law. Blackstone’s “Commentaries on the Laws of England” is required reading in many law schools and has often been referenced in Supreme Court cases, especially during the 18th and 19th centuries.

This article is a crock.

[evandi]

The constitution actually mentions the “Law of Nations”.

[Red Steel]

The constitution actually mentions the “Law of Nations”.

Benjamin Franklin agrees:

[webboy45]

Lacking any definition from the framers of the constitution, we must resort to common sense. Which is - there are two types of citizenship: natural born and naturalized. Anyone who is a citizen without naturalization is a natural born citizen.

[Red Steel]

look above webboy.

[DMZFrank]

Established dicta is considered as to one of themore reliable methods of determining original intent. Examine John Jay's 1987 letter to G. Washington wherin he urged him to adopt Vattel's Law of Nation's definition for "natural born citizen" for inclusiom in Article 2, Sec 1, clause 5 of the USC. John Jay wrote: "Permit me to hint, whether it would be wise and reasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Commander in Chief of the American army shall not be given to nor devolve on, any but a natural born Citizen."