Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: driftdiver; WhiskeyX
"Only because that is what the law says."

If there is a law that cites Natural Born Citizenship, and defines it, it should be a great precedent for when this eventually reaches the USSC.

32 posted on 01/18/2016 2:22:06 PM PST by Mariner (War Criminal #18 - Be The Leaderless Resistance)
[ Post Reply | Private Reply | To 18 | View Replies ]


To: Mariner

“If there is a law that cites Natural Born Citizenship, and defines it, it should be a great precedent for when this eventually reaches the USSC.”

Comments such as that highlight a major part of the problem in these discussions about the definition of a natural born citizen. They keep wanting to find the definition in the Constitution or some statutory law. Such a task is doomed to failure, because the status of a natural born citizen derived from, defined by, and governed by natural law as it is practiced in customary law, the Law of Nations, and by juries in case law. Statutory law and the statutes governing naturalization are positive law, and positive law is the antithesis of natural law and natural born citizenship. Statutes by their very nature prescribe naturalized citizenship and are incapable of conferring natural born citizenship. The only action which needs to be taken to resolve the controversy over the definition of a natural born citizen is for the public to respect the existing definition of a natural born citizen as a person who is born with allegiance to the sovereign united States of America without any allegiance or protection whatsoever from a foreign sovereign as evidenced by birth with two U.S. citizen parents in the United States or otherwise in the sole jurisdiction of and allegiance to the United States of America. See:

“POSITIVE LAW. Law actually ordained or established under human sanctions, as distinguished from the law of nature, or natural law, which comprises those considerations of justice, right, and universal expediency that are announced by the voice of reason or of revelation. Municipal law chiefly, if not essentially, positive; while the law of nations has been deemed by many of the earlier writers as merely the application of the law of nature. That part of the law of nations which rests on positive law mar be considered in a threshold point of view: - first, the universal voluntary law, or those rules which become law by the uniform practice of nations in general, and by the manifest utility of the rules themselves; second, the customary law, or that which from motives of convenience, has, by tacit but implied agreement, prevailed, not necessarily among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it, 1 Taunt. 241; third, the conventional law, or that which is agreed between particular states by express treaty, a law binding on the parties among whom such treaties are in force. 1 Citty, Com. Law, 28. (Bouvier, 1839, 15th, 1898)


85 posted on 01/18/2016 3:02:19 PM PST by WhiskeyX
[ Post Reply | Private Reply | To 32 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson