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To: patlin
In any event, the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes.

What it says is that regardless of whether or not a statute exists defining someone as a natural born citizen (i.e. "In any event"), a statutory natural born citizen is not inherently a natural born citizen for Constitutional purposes. In other words, just because the law declares you a natural born citizen doesn't mean you're eligible for the presidency.

1,485 posted on 02/26/2010 3:11:29 PM PST by BuckeyeTexan (Integrity, Honesty, Character, & Loyalty still matter)
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To: BuckeyeTexan
Yes, I understand that, but right before that lovely sentence it also says that ‘natural born’ is NOT defined in any statute.

Yet, the DRONES continue to claim it does.

It is so simple, nature needs no law because it exists naturally.

James Kent in his 1st commentaries defined ‘Native’ as an artificial term for a person that is derived by the law of man and it is the 1st defined term in Kent's section pertaining to immigration & naturalization.

The natural born were defined in the prior section regarding the laws of nature.

We are next to consider the rights and duties of citizens in their domestic relations, as distinguished from the absolute rights of individuals, of which we have already treated. Most of these relations are derived from the law of nature, and they are familiar to the institutions of every country, and consist of husband and wife, parent and child, guardian and ward, and master and servant. To these may be added, an examination of certain artificial persons created by law, under the well known name of corporations. There is a still more general division of the inhabitants of every country, under the comprehensive title of aliens and natives, and to the consideration of them our attention will be directed in the present lecture.

(1.) Natives are all persons born within the jurisdiction of the United States. If they were resident citizens at the time of the declaration of independence, though born elsewhere, and deliberately yielded to it an express or implied sanction, they became parties to it, and are to be considered as natives; their social tie being coeval with the existence of the nation. If a person was born here before our independence, and before that period voluntarily withdrew into other parts of the British dominions, and never returned; yet, it has been held, that his allegiance accrued to the state in which he was born, as the lawful successor of the king; and that he was to be considered a subject by birth. It was admitted, that this claim of the state to the allegiance of all persons born within its territories prior to our revolution, might subject those persons who adhere to their former sovereign, to great inconveniences in time of war, when two opposing sovereigns might claim their allegiance; and, under the peculiar circumstances of the case, it was, undoubtedly, a very strong application of the common law doctrine of natural and perpetual allegiance by birth. The inference to be drawn from the discussions in the case of M’Ilvaine v. Coxe, would seem to be in favour of the more reasonable doctrine, that no antenatus ever owed any allegiance to the United States, or to any individual state, provided he withdrew himself from this country before the establishment of our independent government, and settled under the king's allegiance in another part of his dominions, and never afterwards, prior to the treaty of peace, returned and settled here. The United States did not exist as an independent government until 1776; and it may well be doubted whether the doctrine of allegiance by birth be applicable to the case of persons who did not reside here when the revolution took place, and did not, therefore, either by election or tacit assent, become members of the newly created state. The ground of the decision in the latter case was, that the party in question was not only born in New-Jersey, but remained there as an inhabitant until the 4th of October, 1776, when the legislature of that state asserted the right of sovereignty, and the claim of allegiance over all persons then abiding within its jurisdiction. By remaining there after the declaration of independence, and after that statute, the party had determined his right of election to withdraw, and had, by his presumed consent, become a member of the new government, and was, consequently, entitled to protection, and bound to allegiance. The doctrine in the case of Respublica v. Chapman, goes also to deny the claim of allegiance, in the case of a person who, though born here, were not here and assenting to our new governments, when they were first instituted. The language of that case was, that allegiance could only attach upon those persons who were then inhabitants. When an old government is dissolved, and a new one formed, “all the writers agree,” said Ch. J. M’Kean, “that none are subjects of the adopted government who have not freely assented to it.” The same principle was declared by the Supreme Court of this state, in Jackson v. White, and it was held, that though a British subject resided here as a freeholder on the 4th of July, 1776, and on the 16th of July, 1776, when the convention of this state asserted the right of sovereignty, and the claim of allegiance over all persons, was abiding here; yet that, under the circumstances, the person in question being a British officer, and a few weeks thereafter placed on his parole, and in December, 1776, joining the British forces, was to be deemed an alien, and as having never changed his allegiance, or elected to become a party to our new government. The doctrine in the case of Ainslie v. Martin, was contrary also to what had been held by the same court in the cases of Gardner v. Ward, and Kilham v. Ward, where it was decided, that persons born in Massachusetts before the revolution, who had withdrawn to a British province before our independence, and returned during the war, retained their citizenship; while the same persons, had they remained in the British province until after the treaty of peace, would have been British subjects, because they had chosen to continue their former allegiance, and there was but one allegiance before the revolution. This principle was asserted by the same court in the case of Phipps, and I consider it to be the true and sound law on the subject.

http://press-pubs.uchicago.edu/founders/documents/a1_8_4_citizenships21.html

It all boils down to (1) allegiance. The POTUS must have a very singular allegiance to the United States of America.

1,508 posted on 02/26/2010 3:31:51 PM PST by patlin (1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
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