Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Red Steel
Which Congress promptly removed in the next Naturalization Act of 1795 because legislation cannot change the meaning and intent of the Constitution. They fixed their error.

Is that the reason, or is that speculation?

Here again, the father's citizenship via jus sanguinis is passed onto their child.

I don't deny that, just like I don't deny US vs Ark was based on jus soli. But either is beside my point in that the act as passed by Congress was counter to Vattel, which required both jus sanguinis AND jus soli; Congress saw otherwise.

As a result, to claim that Vattel's position is what the founders meant is quite disingenuous simply by the actions of the founders in their first Congress. Vattel may have been a component, but it was by no means the exclusive guiding principle used at that time.

710 posted on 05/18/2010 4:56:51 PM PDT by PugetSoundSoldier (Indignation over the Sting of Truth is the defense of the indefensible)
[ Post Reply | Private Reply | To 706 | View Replies ]


To: PugetSoundSoldier
Is that the reason, or is that speculation?

It's an obvious conclusion. Those words have never appeared in any passed legislation since 1790. You cannot modify the meaning and intent of the US Constitution without an Amendment - not legally. It is the very reason there is judicial review of laws passed by Congress. SCOTUS strikes down unconstitutional laws all the time.

I don't deny that, just like I don't deny US vs Ark was based on jus soli.

And it would be falsely to conclude that Wong Ark was a natural born citizen just only that of a citizen.

Congress saw otherwise.

Congress did not see otherwise.

As a result, to claim that Vattel's position is what the founders meant is quite disingenuous simply by the actions of the founders in their first Congress.

They took it out because as I say...they made a mistake.

712 posted on 05/18/2010 5:11:34 PM PDT by Red Steel
[ Post Reply | Private Reply | To 710 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson