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To: Abd al-Rahiim
On the other hand, with regard to the phrase in question, Scalia, in colloquy, during a 2001 case, said on the record that the intent of the phrase was that the children of an American colonial woman and a British officer who married her during Britain's occupation of the colonies would have a child whose loyalties would be divided and that that was what the Framers wanted to prevent.

See the exchange between Mr. Justice Scalia and Mr. Davis in the transcript of the hearing in the case of Tuan Anh Nguyen v. INS, 533 U.S. 53 (2001).

There was no "hidden intent" involved in taking the phrase from Vattel at the time. It was an intention that was openly known and discussed. It was a part of common discourse of the time that what the phrase meant was born in the in the country of parents both of whom were citizens. You mistake "hidden" intent for what was a defintion accepted in the normal discourse of those involved.

113 posted on 05/01/2011 9:20:38 AM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
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To: AmericanVictory
What a nice coincidence! I was looking at the oral arguments for Tuan Anh Nguyen, and I couldn't find what you said. I did, however, find the following:
115 posted on 05/01/2011 9:45:57 AM PDT by Abd al-Rahiim
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