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To: CpnHook

What caught my eye, and what I am/have been inquiring about, is the following comment:

‘He claims that the jus soli rule of citizenship was not the original Constitutional view’

So do you agree that jus soli was not the original intent, or do you claim that it was?


175 posted on 01/31/2015 1:12:51 PM PST by Fantasywriter (Any attempt to do forensic work using Internet artifacts is fraught with pitfalls. JoeProbono)
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To: Fantasywriter
So do you agree that jus soli was not the original intent, or do you claim that it was?

I think the Framers' point of view was essentially the English view they had known, one that I submit was expressed by James Madison in the passage most everyone should about have memorized:

"It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion[.]"

So place governs in 99.99 percent of cases simply because a relative few are born abroad. But this is open to recognition of jus sanguinis as to foreign births. England recognized that by statute. I don't think Madison (or anyone else) had Vattel in view.

181 posted on 01/31/2015 4:16:52 PM PST by CpnHook
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