Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: aruanan

“An example of where common sense is faulty in deciding matters of history and law.”

Not really. If natural born at one time meant only children of two citizen parents I guarantee that at the same time children of the soil were not automatically citizens at birth. The original Framers probably intended the children of two citizens to be eligible, but not because the term “natural born” itself means “born of two citizen parents”. No, it means “citizen from birth”. Just so happens that all citizens from birth at the time were born of citizen parents. But if that ever were to change (and it did!), all new people would be natural born without the meaning of the phrase changing.

“The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar...”

The original Framers are irrelevant. The 14th amendment currently controls who’s a citizen from birth.

“These were natives, or natural-born citizens, as distinguished from aliens or foreigners.”

Sorta goes against how Birthers insist native and natural born are two different statuses.

“I find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen”

I’ve never understood this quote. The 14th amendment most emphatically DOES NOT say anything of the sort. He may have intended it to, but it does not in fact. Unless he thinks the “under the jurisdiction thereof” phrase excludes children born with dual citizenship. But in that case, not only would they not be eligible to be president, they’d also be ineligible for U.S. citizenship. SCOTUS has ruled, and I agree with them, that children born on U.S. soil regardless of their parentage are U.S. citizens. Sorta stands in the face of that quote.


121 posted on 12/14/2009 10:46:48 AM PST by Tublecane
[ Post Reply | Private Reply | To 116 | View Replies ]


To: Tublecane

“The original Framers are irrelevant. The 14th amendment currently controls who’s a citizen from birth.”

The fourteenth amendment can be changed. The original Framers can’t.


209 posted on 12/14/2009 5:41:39 PM PST by Lower55
[ Post Reply | Private Reply | To 121 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


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