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To: patlin

Many (not all) of the charters of the original colonies had by-laws to define natural born subjects and naturalization. This is one thing that didn’t really become uniform with the Constitution. There were some naturalization acts in the early years, but they didn’t immediately talk about how citizens of the states or United States were defined or recognized. I’m pretty sure this was left up to the states. After the Civil War ... the 14-16th amendments are what really solidified Federal uniformity, thus the ensuing court cases would take that lead ... putting more emphasis on a Federal definition or standard, except that none yet existed for a natural born citizen, and still doesn’t.


2,146 posted on 02/28/2010 8:32:03 PM PST by edge919
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To: edge919
common law that the framers were familiar with:

National character as incident to birth in a particular locality was the creature of feudal times and of military vassalage, and was described as the jus soli ; national character as the result of parentage was the rule adopted by freer peoples and more enlightened communities, and was designated jus sanguinis?

The whole body of the inhabitants of a country enjoying the protection of its laws, including the young who are still under the legal age, and the very old, who have passed the time of action, and all others under any species of disability, are, in a certain wide and general sense, citizens; but the full and complete definition of a citizen is confined to those who participate in the governing power, either by themselves or their representatives. The rights, duties, obligations, and privileges of each class of the inhabitants are different in different states, and depend on the laws and constitution of each.

A citizen, in the largest sense, is any native or naturalized person who is entitled to full protection in the exercise and enjoyment of the so-called private rights.

The naturalborn or native is one who is born in the country, of citizen parents.

Stoicesco, titnde sur la Naturalisation, Paris, 1876, p. 286.; Aristotle, Politics, Book III., C. S. 2 and 3 ; PoKtical Pamphlets, Expatriation and Allegiance, Congressional Library, Washington, D. C.; Walsh V. Lallande, 25 Louisiana Annual, p. 189.; Vattel, Droit des Gens, 1, i. c. six. sect. 212. Ed. Paris, 1863.

2,148 posted on 02/28/2010 8:39:17 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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