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To: curiosity
Okay, where? Please provide a link.

Here's a link:http://www.freerepublic.com/focus/f-news/2145092/posts#40


To: RegulatorCountry
I don't believe the founders' concern centered around dictating who, so much as dictating to.

Uh huh. So according to you theory, the founders wanted to deny natural born citizenship status to an baby born on US soil, to a US citizen mother, based on the mere on fact that the Queen of England claims that baby as a subject?

Do I have that right?

40 posted on 12/08/2008 5:53:18 PM PST by curiosity

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No he did not. Amazing how birthers just love to make things up out of thin air.

From http://www.michiganlawreview.org/first-impressions/volume/107

ORIGINALISM AND THE NATURAL BORN CITIZEN CLAUSE

Lawrence B. Solum* †

Introduction

The U.S. Constitution, Article II, section 1, provides: “No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.” The enigmatic phrase “natural born citizen” poses a series of problems for contemporary originalism. New Originalists, like Justice Scalia, focus on the original public meaning of the constitutional text. The notion of a “natural born citizen” was likely a term of art derived from the idea of a “natural born subject” in English law—a category that most likely did not extend to persons, like Senator McCain, who were born outside sovereign territory. But the Constitution speaks of “citizens” and not “subjects,” introducing uncertainties and ambiguities that might (or might not) make McCain eligible for the presidency.

What was the original public meaning of the phrase that establishes the eligibility for the office of President of the United States? There is general agreement on the core of its meaning. Anyone born on American soil whose parents are citizens of the United States is a “natural born citizen.” Anyone whose citizenship is acquired after birth as a result of naturalization is not a natural born citizen. John McCain, born to American parents in the Panama Canal Zone in 1936, had citizenship conferred by statute in 1937, but there is dispute as to whether the statute granted retroactive naturalization or...

* Associate Dean for Faculty and Research and John E. Cribbet Professor of Law and Professor of Philosophy at the University of Illinois. Professor Solum is the author of numerous articles on constitutional theory and the philosophy of law.
† Suggested citation: Lawrence B. Solum, Commentary, Originalism and the Natural Born Citizen Clause, 107 Mich. L. Rev. First Impressions 22 (2008), http://www.michiganlawreview. org/firstimpressions/vol107/solum.pdf.
Permission is hereby granted to duplicate this paper for scholarly or teaching purposes, including permission to reproduce multiple copies or post on the Internet for classroom use and to quote extended passages in scholarly work, subject only to the requirement that this copyright notice, the title of the article, and the name of the author be prominently included in the copy or extended excerpt. Permission is hereby granted to use short excerpts (500 words or less each, so long as the total word count of the excerpts does not exceed 50% of the total word count of this work) with an appropriate citation and without inclusion of a copyright notice. In the event of the death or permanent incapacity of the author, all claims to copyright in the work are relinquished and the work is dedicated to the public domain in perpetuity. Even if the author is then living, all copyright claims are relinquished as of January 1, 2050. In the event that the relinquishment of copyright is not given legal effect, an unlimited license of all rights to all persons for all purposes is granted as of that date. A more scholarly version, with complete citations, is available via the Social Science Research Network: Lawrence B. Solum, Originalism and the Natural Born Citizen Clause, http://papers.ssrn.com/abstract=1263885.

436 posted on 01/27/2011 5:02:37 PM PST by RegulatorCountry
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To: RegulatorCountry
Here's a link:

Sorry, but your linke dates from Dec. of 2008. The election was in Nov. No soup for you!

As to your citation of Professor Solum:

What was the original public meaning of the phrase that establishes the eligibility for the office of President of the United States? There is general agreement on the core of its meaning. Anyone born on American soil whose parents are citizens of the United States is a “natural born citizen.

Seems like a slam dunk that he's endorsing the birther two-citizen argument, doesn't it? There's just one problem: you forgot to read his footnote:

In an earlier version of this article, I used the phrase “whose parents are citizens of the United States.” Some readers have misread the original as implying that someone born of only one American parent on American soil is not a “natural born citizen.” That reading ignores the context of the original sentence, which was meant to provide a case where “natural born citizen” status was indisputable. The sentence did not provide criteria for clear cases of exclusion, which were provided by the very next sentence. Based on my reading of the historical sources, there is no credible case that a person born on American soil with one American parent was clearly not a “natural born citizen.” Indeed, the conventional view is that almost anyone born on American soil would be a natural born citizen: limited exceptions may have existed for the children of foreign Ambassadors, for the children of slaves, and perhaps others. This article does not address the question whether the conventional view is correct.

You can find the full text of his paper here:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1263885

You lose again.

444 posted on 01/27/2011 5:33:01 PM PST by curiosity
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