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To: philman_36
Madison clearly stated that Congress had the ability to define Citizenship.
Madison is known as the “Father of the Constitution”.

YES, “positive law” trumps anything you have tried to come up with.

Madison trumps Vattel.
Congressional legislation trumps Vattel.

Even IF a Court, EVER, agreed with you, if legislation has been enacted, since that Court case, that legislation would trump any such Court ruling.

This is how the system works.

What is to keep you from claiming that “Natural Law” should dictate inheritance or divorce or child custody?

Natural Law and Common Law are seen as archaic, harsh, and very out dated in these areas.

It is absurd to think that Vattel can write a book, which some Founders read, and that, therefore, we should use Vattel’s definitions for every legal term in the Constitution.

The Founders also read, and for the most part FOLLOWED, English Common Law, which supports my view, not yours.

133 posted on 02/22/2012 10:14:51 PM PST by Kansas58
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To: Kansas58
Madison clearly stated that Congress had the ability to define Citizenship.
Where? Just you saying it doesn't prove it.

YES, “positive law” trumps anything you have tried to come up with.
I haven't tried to "come up with" anything. I'm asking you a question based upon a reply you made and you refuse to answer it.

A person who becomes a citizen, based on the laws of this country,in force at the moment of birth, is a Natural Born Citizen.
Which laws? Are positive laws what make them so?

Nothing that you wrote directly answers my question so would you mind doing so.

And here is something that tells me you know all too well what the issue is really about and how it should rightly be viewed.

Congressional legislation trumps Vattel.
See, Congress can only pass legislation that concerns naturalization, not natural born citizenship. You know it and you don't want to admit it as doing so completely disintegrates your whole disingenuous argument.

137 posted on 02/22/2012 10:38:56 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Kansas58
Madison clearly stated that Congress had the ability to define Citizenship.

Here are some words for you by Madison...
@House of Representatives, Rule of Naturalization 3--4 Feb. 1790

Mr. Madison.--When we are considering the advantages that may result from an easy mode of naturalization, we ought also to consider the cautions necessary to guard against abuses. It is no doubt very desirable that we should hold out as many inducements as possible for the worthy part of mankind to come and settle amongst us, and throw their fortunes into a common lot with ours. But why is this desirable? Not merely to swell the catalogue of people. No, sir, it is to increase the wealth and strength of the community; and those who acquire the rights of citizenship, without adding to the strength or wealth of the community are not the people we are in want of. And what is proposed by the amendment is, that they shall take nothing more than an oath of fidelity, and declare their intention to reside in the United States. Under such terms, it was well observed by my colleague, aliens might acquire the right of citizenship, and return to the country from which they came, and evade the laws intended to encourage the commerce and industry of the real citizens and inhabitants of America, enjoying at the same time all the advantages of citizens and aliens.
I should be exceedingly sorry, sir, that our rule of naturalization excluded a single person of good fame that really meant to incorporate himself into our society; on the other hand, I do not wish that any man should acquire the privilege, but such as would be a real addition to the wealth or strength of the United States.
It may be a question of some nicety, how far we can make our law to admit an alien to the right of citizenship, step by step; but there is no doubt we may, and ought to require residence as an essential.

140 posted on 02/22/2012 10:44:46 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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