Yes, I know the quote is from Vattel.
And it’s a good quote.
I wouldn’t characterize it, however, as “the source of the Second Amendment.”
As you might know, guncite.com is a pretty good site for Second Amendment issues. On the origin of the Second Amendment, they reprint a 1982 article from The Journal of American History, by Dr. Robert E Shalope, which is titled, appropriately enough, “The Ideological Origins of the Second Amendment.”
This article cites the following as people who probably influenced the development of the Second Amendment, or at least had significant things to say relating to its ideological underpinnings:
Niccolo Machiavelli
Sir Walter Raleigh
Jean Bodin
Marchamont Nedham
James Harrington
John Trenchard
Thomas Gordon
Walter Moyle
James Burgh
Richard Price
George Mason
Matthew Robinson-Morris Rokeby
John Allen
Charles Lee
James Madison
Timothy Dwight
Joel Barlow
Adam Smith
Samuel Adams
Thomas Jefferson
Elbridge Gerry
Thomas Scott
George Washington
In the entire list of two dozen names, Vattel’s does not appear. I’m not saying he had no influence, but if he were “the source of the Second Amendment,” you would think that he might be at least mentioned in a scholarly article article entitled “The Ideological Origins of the Second Amendment.”
Likewise, The Second Amendment: The Intent and Its Interpretation by the States and the Supreme Court, a recent work of 220 pages, mentions Vattel’s name on precisely 5 pages, outside of 3 mentions in the notes and index.
Also interesting is:
Lots of good info in there, and the point: Of course the Founding Fathers consulted Vattel. They consulted everything.
But they didn’t focus on Vattel. They focused far more on Blackstone and English common law.
In short, I see no real evidence at all that Vattel was “the source of the Second Amendment.”
But even if he were, that would in no way imply that he was also the source of the definition of natural born citizen.
The Founding Fathers, as the one blogger noted, read everything they could get their hands on.
As should you. You’re definitely not going to get the whole truth from Donofrio or Apuzzo.
In fact, from what I’ve analyzed of their writings, if you just stick to those two as your sources, you’re going to get very little of it.
The father of the Constitution
The father of the Bill of Rights and the
The father of the 14th Amendment would all disagree with your opinion:
James Madison wrote to George Washington, N. York Octr. 18. 1787:
"Since the Revolution every State has made great inroads & with great propriety in many instances on this monarchical code.[Edit: Englands "Common Law"] The "revisal of the laws" by a Committe of wch. Col. Mason was a member, though not an acting one, abounds with such innovations. The abolition of the right of primogeniture, which I am sure Col. Mason does not disapprove, falls under this head.. What could the Convention have done? If they had in general terms declared the Common law to be in force, they would have broken in upon the legal Code of every State in the most material points: they wd. have done more, they would have brought over from G.B. a thousand heterogeneous & anti-republican doctrines, and even the ecclesiastical Hierarchy itself, for that is a part of the Common law."
George Mason, In Convention, Richmond (Debates in the Several State Conventions on the Adoption of the Federal Constitution), Wednesday, June 18, 1788:
"We have it in our power to secure our liberties and happiness on the most unshaken, firm, and permanent basis. We can establish what government we please. But by that paper we are consolidating the United States into one great government, and trusting to constructive security. You will find no such thing in the English government. The common law of England is not the common law of these states."
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Furthermore, had they continued to use the laws of the crown, there never would have been a Deceleration of Independence.
English common law at the time didn't allow for "quitting" the crown. The Law of Nations, however, did allow for that. They clearly began their transition from the crown's law to that of their own (American common law) based in large part on natural law principles.