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To: MamaTexan
The federal government is neither a civil or political entity, it is an 'administrative organ' [as Tucker put it] made to operate ONLY in designated areas.
Well the federal government does write/create both civil and administrative law in such designated areas, doesn't it?

Civil and administrative are two totally separate kinds of 'law'.
Neither type leap into existence of their own accord.

Be that as it may [and IMHO] McCain would be eligible according to Vattel's § 217.
Are you saying that he would be eligible only in connection to that one section and without the contextual reading of the other preceding sections?

Natural born citizenship is inherited. The location of that inheritance doesn't matter.
So to you only jus sanguinis applies to natural born citizenship and jus soli has no bearing at all?

376 posted on 05/09/2012 11:38:49 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36
Well the federal government does write/create both civil and administrative law in such designated areas, doesn't it?

Sort of. The Administrative authority is outlined by the Constitution. The only other authority is municipal, and is found in Article 1, Section 8, Clause 17
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square)

The seat of the general government is not a civil 'State' as are the other States, it was designed on the Roman city/state. It's why it's called the District of Columbia.

In fact, the only place you could be a citizen of the United States PRIOR to the 14th Amendment was to be inside the District itself.

§ 1218. The inhabitants enjoy all their civil, religious, and political rights. They live substantially under the same laws, as at the time of the cession, such changes only having been made, as have been devised, and sought by themselves. They are not indeed citizens of any state, entitled to the privileges of such; but they are citizens of the United States. They have no immediate representatives in congress.
Joseph Story, Commentaries on the Constitution

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Neither type leap into existence of their own accord.

Well of course they didn't.

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So to you only jus sanguinis applies to natural born citizenship and jus soli has no bearing at all?

The only difference between them is 'jus sanguinis ' is only inheritable by blood, and 'jus soli' is only acquirable by laws.

My biggest point is that the federal government has no jurisdiction to pass those 'laws' concerning citizenship to begin with since theirs was authority over making a rule, not implementing a law.

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The entire nationalization of naturalization concept is unconstitutional, IMHO.

379 posted on 05/09/2012 12:10:03 PM PDT by MamaTexan (I am a ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
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