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To: Cold Heat
Vattel is not the final authority on this subject and I promise you, this issue will never go away.

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; it is what applies in the United States; it will therefore be unnecessary to investigate any other.

James Madison

Place. i.e. Jus Soli, native, Born in the USA and not in Canada

129 posted on 01/16/2016 12:23:28 PM PST by RC one (race baiting and demagoguery-if you're a Democrat it's what you do.)
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To: RC one
As Chief Justice Fuller noted dissenting in United States v. Wong Kim Ark, applying jus soli ('right of the soil') to the Natural Born Citizen clause without jus sanguinis ('right of the blood') leads to an absurd extreme:

"It is unreasonable to conclude that 'natural-born citizen' applied to everybody born within the geographical tract known as the United States, irrespective of circumstances, and that the children of foreigners, happening to be born to them while passing through the country...were eligible to the Presidency, while children of our citizens, born abroad, were not."

Likewise, applying jus sanguinis ('right of the blood') to the Natural Born Citizen clause without jus soli ('right of the soil') leads to an equally absurd extreme. People born and raised all over the world to U.S. citizens could be president, while people born and raised in America would be ineligible due to having one or more foreign parents.

This is obviously not what was intended.

130 posted on 01/16/2016 12:56:48 PM PST by Cold Heat
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To: RC one
Rather than go all the way around in another circle as I attempt to prove to you that even the term Jus Solis can be argued to mean that "of the soil" does not necessarily mean "on it".

A new born patriot could be temporarily on another's soil at birth but the son of a jus Solis who has transferred their status as natural born. "by blood"

I don't think there is a solution to this in the past as it is clear that they did not even agree at the time, which probably explains why little was said about it when they wrote it. They had bigger fish to fry and did not want to get hung up on minutia.

Let's leave it unsolved because it cannot be solved today, tomorrow or likely at any time...

I have other fish to fry as well.

131 posted on 01/16/2016 1:04:03 PM PST by Cold Heat
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