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To: Mr Rogers
You have vociferously argued month after month that @Vattel had nothing to do with US law on citizenship.
You say that English common law doesn't apply @No, because we are not discussing if English common law applies to the USA. It does not. and on that we agree.

As indicated by your first reply which I linked to you seem unable to grasp the concept that Vattel was adopted into American common law as you believe that it merely covers international law. On that I disagree.

@US law has never followed Vattel on citizenship, nor would Vattel have expected it to. Vattel wrote on international law, and made the point that what he was writing didn’t hold true in 1758 England.
Did Vattel not apply to England since England already had a body of law?

The common law of America is uniquely American and the Founding Fathers did indeed use Vattel to form our common law.

119 posted on 02/09/2012 7:18:32 AM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: philman_36

“the Founding Fathers did indeed use Vattel to form our common law.”

No, they did not.

1 - Vattel argued that the citizenship of the child was determined by the citizenship of the father, regardless of birth location. That is not and has not been true in the USA. It also was never true of England.

2 - They DID use the phrase NBC - 10 years BEFORE anyone suggested that Vattel used it. And the French word translated NBC in 1797 was ‘indigenes’ - which is also an English word, thus needing no translation at all.

English common law does not RULE US law, but the legal terms used by the Founders - and they used NBC & NBS interchangeably - have their meaning rooted in English law. That is where ALL the legal terms in use in the colonies were found, and thus is the meaning used by the Founders.

Vattel’s rules on citizenship were NOT incorporated into American law. If it had been, our citizenship would be based on the citizenship of our father, and no one would then dispute that Obama Jr is a Kenyan.


121 posted on 02/09/2012 7:29:02 AM PST by Mr Rogers ("they found themselves made strangers in their own country")
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