[Lmo56]

And, Blackstone [from which the Founding Fathers derived their understanding] defines four types of inhabitants within a nation.

This is utterly FALSE! The framers did NOT use Blackstone, they went further back as Blackstone's works only include that of the feudal times.

I did not write that very well, did I?

Most people who believe that Obama is natural born based it on Blackstone.

I was pointing out that Blackstone defined more than two types of subjects - not just the two that the poster I replied to listed.

Actually, the Founding Fathers borrowed relied heavily from many sources. English Common Law, Grotius, Vattel, and English jurisprudence, etc. As many of them were lawyers trained in English Law, I believe that they based mostly on the English legislation that was in effect at the time.

As for definition of natural born subject [citizen], they would most certainly looked to Calvin's Case [1607] - the seminal case upon which the term "natural born subject" was based.

They would have also looked to exceptions and modifications that had taken place after 1607. That would be the British Nationality Act of 1730, which extended natural born subject status to children [born out of the sovreign's dominion] of fathers who were themselves natural born subjects.

[patlin]

Actually, the Founding Fathers borrowed relied heavily from many sources. English Common Law, Grotius, Vattel, and English jurisprudence, etc. As many of them were lawyers trained in English Law, I believe that they based mostly on the English legislation that was in effect at the time.

According to the TX education, they are stripping Jefferson and in his place putting Blackstone as a reference to our founding. This is an insult and a slap in the face to the founders. The founders did not look to English common law in place at the time of our founding, they went to the common law in place before feudal England. It was the common law of the enlightenment period and was the common law of nations & natures law. By continuing to reference common law as if it is the same as English feudal common law is the main reason people are so confused.

The only practices used from Blackstone's commentaries were limited to the structure of the judicial & courts and even then, the concept was expanded upon. The English laws themselves were repudiated. People need to read James Wilson to get a good understanding. Until they do, they will only be punting at any attempt to try and understand & define our founding laws.