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

To: Spaulding
Thanks, I appreciate the comments. I've admired several of your posts, because they are always well-researched and firmly supported. I do need to point out a bit of phrasing that may cause some confusion:
The only citizen defined by the Constitution was a natural born citizen.

I'm not sure if this is supposed to say something other than "defined" but the Supreme Court in both Minor and Ark point out that it is not defined in the Constitution and resort must be had elsewhere.

Otherwise, the thing that I think people need to understand about the Wong Kim Ark decision is that Gray did NOT have solid ground for declaring Ark to be a citizen. That's why he goes on and on and on for pages trying to justify and rationalize his decision, and some of his logic and references are not well-founded. I do give him credit, however, for respecting the unanimous Minor decision and finding a tricky way to maintain NBC as a separate class of citizenship — distinct from the 14th amendment — but with no doubt about its purpose and application.

772 posted on 01/22/2012 12:11:25 AM PST by edge919
[ Post Reply | Private Reply | To 770 | View Replies ]


To: edge919
"I'm not sure if this is supposed to say something other than “defined” but the Supreme Court in both Minor and Ark point out that it is not defined in the Constitution and resort must be had elsewhere."

Thanks Edge. I was attempting to point out that a search of the Constitution confirms what Madison and James Wilson pointed out; framers of the Constituion intentionally did not include definitions in the document, assuming that definitions were to be drawn from the common language and common law familiar to the framers and residents in the 1780s.

So, while it is true that the term wasn't defined in the Constitution, that doesn't mean that the definition was left to posterity. It was easy to find the definition in contemporaneous writing, the most famous being the most cited legal authority in American jurisprudence between 1779 and 1821 (Grotian Society Papers), Vattel’s Law of Nations, the document commended by Hamilton and Washington as their most important resource on Law of Nations, which Mark Levin won't mention among the important resources to our founders and framers. Citizenship is one of, if not the most important, the essential elements when forming a nation. Washington opened his New York office on his first day as president with only one book on his desk, Vattel's Law of Nations (I qualified Law of Nations because Vattel was not the only author on the topic, just the most readable). Jefferson made Vattel the first required text in our first law school in 1779, at William and Mary. But our sages dismiss the importance of Vattel to our founders and framers.

There is one term defined in the Constitution, treason, perhaps because its application to a republic built upon laws is a little different than it application to monarchies? But natural born citizen, jus soli and jus sanguinis, was very well known. Citizens are mentioned in the Constitution, but because each state would use the term to select representatives based upon its statutes, and the decisions about naturalization belonged in the Congress where they could be debated, there is no definition specified or implied. Natural born citizens were defined, using language commonly understood, because the framers were so concerned with allegiance for the powerful president they had defined, both chief executive and commander in chief of the military.

Astrophysics illuminated Madison's choice for me. When looking at distant objects, one is looking back in time - very far back. A presumption that physics as we understand it applied 10 or 15 billion years ago is essential. Without that assumption of invariance in physical law our observations of distant spectra can have no meaning. Similarly, if the common-language of the framers is not assumed, held constant, the principles contained in the Constitution, the intentions of its framers, cannot be understood. So I infer that the framers defined a natural born citizen by using the words for which the glossary belonged to the society of the time, as Chief Justice John Marshall affirmed, when he cited Vattel as the most concise source for the definition, and Marshall, on the ratification committee, should know what he meant when he signed the Constitution.

That was a leap, but I can find no other definition in the Constitution for any citizen of the other of the the two classes, naturalized citizens - only the exortation to Congress to define, some day, what it means. The definitions are anything but static, even today, for who are citizens. But the definition of a natural born citizen has never varied, never been mentioned in US Code, and, while there have been several dozen amendments attempted, never been reinterpreted by the Supreme Court (The Indiana Supreme Court doesn't count!)

I do see that assuming a term in common usage might not be called a definition. But as citizens were defined, and were different in each state, the Constitution said, in effect “You states don't get to argue over the qualifications for the President. He must be born on the soil of citizen parents, a resident for 14 years and 35 years old.” When it became important to a case, the court confirmed that definition. Was it not a definition before Justice Waite told us it was never doubted?

Great discussion, and reassuring to see how many are becoming aware of our foundations. I suppose we have Obama to thank for our taking such an interest as to cause more and more to read the Constitution carefully and understand what our framers intended.

778 posted on 01/22/2012 3:34:40 AM PST by Spaulding
[ Post Reply | Private Reply | To 772 | 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