There wasn’t one date when we suddenly switched to all USA common law. Even now, in an obscure matter, one might cite an English court case from before the Constitution...as WKA did at length, as here:
“This fundamental principle, with these qualifications or [p656] explanations of it, was clearly, though quaintly, stated in the leading case, known as Calvin’s Case, or the Case of the Postnati, decided in 1608, after a hearing in the Exchequer Chamber before the Lord Chancellor and all the Judges of England, and reported by Lord Coke and by Lord Ellesmere. Calvin’s Case, 7 Rep. 1, 4b-6a, 18a, 18b; Ellesmere on Postnati, 62-64; S.C., 2 Howell’s State Trials, 559, 607, 613-617, 639, 640, 659, 679.
The English authorities ever since are to the like effect. Co.Lit. 8a, 128b, Lord Hale, in Hargrave’s Law Tracts, 210, an in 1 Hale P.C. 61, 62; 1 Bl.Com. 366, 369, 370, 374; 4 Bl.Com. 74, 92; Lord Kenyon, in Doe v. Jones, 4 T.R. 300, 308; Cockburn on Nationality, 7; Dicey Conflict of Laws, p. 173-177, 741.
In Udny v. Udny, (1869) L.R. 1 H.L. Sc. 441, the point decided was one of inheritance, depending upon the question whether the domicil of the father was in England or in Scotland, he being in either alternative a British subject. Lord Chancellor Hatherley said: “The question of naturalization and of allegiance is distinct from...”
Again, for the purposes of this argument, what is important is this:
“The interpretation of the Constitution of the United States is necessarily influenced by the fact that its provisions are framed in the language of the English common law, and are to be read in the light of its history.”
http://supreme.justia.com/cases/federal/us/124/465/case.html
“Again, for the purposes of this argument, what is important is this:”
Nope. For the purposes of the discussion on this particular thread - Sen. Cruz is a dual citizen. Dual citizenship was not legal under US law OR English common law (since you keep focusing on such) at the time the Constitution was signed in 1787.
Dual citizenship is still not legal - strictly speaking - under current US *NATURALIZATION* laws either. It is tolerated.
Mr. Cruz, who I happen to admire tremendously, is a dual citizen through no fault of his own. His birth circumstances can never be changed, so his eligibility under Article ll can never be changed.
You must at the very least concede that there was absolutely NO Act, law or provision for dual citizenship at the time the Constitution was signed. It did not exist as an OPTION.
Not in English common law, or any law in the new U.S. either. If you can find such a law ........... but one does not exist. Particularly NOT at the time the Constitution was signed.