Posted on 05/19/2021 11:41:12 AM PDT by CDR Kerchner
WHO IS — AND IS NOT — A “NATURAL BORN CITIZEN”? | by Joseph Demaio
(May 16, 2021) — When, in the course of human events, it becomes necessary for your humble servant to respond to comments in greater detail than allowed in the designated section of P&E posts, a longer post is required. Such is the case with this offering regarding assertions made by those who reject the likely application of Book I, Ch. 19, § 212 of Emmerich de Vattel’s 1758 treatise, “Le Droit des Gens” or “The Law of Nations,” to the proper interpretation of Art. 2, § 1, Cl. 5 of the Constitution, the “natural born Citizen” restriction for the presidency. Here we go again.
Valued P&E readers, that which follows is somewhat convoluted, but given that the issues are less than simple, a more complex explanation is necessitated. Translation (more on that topic later…): keep some of your favorite caffeinated beverages handy. Your humble servant has his can of Dr Pepper nearby. In addition, it is assumed that readers are already possessed of some historical background relating to the issues, since complete treatment of all the interstices of the matter would make this offering much longer. For that, see all of your servant’s prior P&E posts on the topic.
Ready? Let us begin. … continue reading this excellent essay and article at: https://www.thepostemail.com/2021/05/16/natural-born-citizens-and-ussc-docket-20-1503/
(Excerpt) Read more at thepostemail.com ...
Completely ignores the definition used by Blackstone derived from English Common Law, which is the backbone of the American legal system. It does so in favor of a Swiss definition applying Civil Law which is foreign to the American legal system.
https://press-pubs.uchicago.edu/founders/documents/a1_8_4_citizenships1.html
“The children of aliens, born here in England, are, generally speaking, natural-born subjects, and entitled to all the privileges of such. In which the constitution of France differs from ours; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien.”
Please provide a link to a copy of that 1781 letter you mention from John Jay to Bernardo del Campo.
https://rotunda.upress.virginia.edu/founders/default.xqy?keys=JNJY-print-01-02-02&mode=TOC
This is a link to The Selected Papers of John Jay. It requires a subscription, but they offer a free trial. It is in the list on that page.
I had it booked marked elsewhere, but my husband did something with that PC, and it wiped all of my bookmarks - all of my NBC bookmarks. I was PISSED
I’ll try to pop an image of the letter that I saved in here
McCain was born in the country of Panama.
He was chosen as the perfect Designated Loser for the Kenyan from Indonesia because he was also ineligible with the most sympathetic story one could imagine.
People ended up focusing on the shiny object of McCain son of an Admiral and ignoring the Kenyan.
Crud. I can’t figure out how to get that image on here. I’ll work on that some more
The lied said and McCain was born in the Panama Canal Zone, he wasn’t.
That being said, at the time of his Birth he was the Child of a Member if the Armed Services and both his Parents were United States Citizens.
His Father was following Orders and was Transferred to Panama, so I’m not sure how that would affect his NBC Status.
Harris, Rubio, Cruz and Jindal didn’t even come close to that. None of them are Natural Born Citizens.
Like I said, they couldn’t have found a better shiny object to distract from the Kenyan than McCain.
Son of an Admiral, serving the country, etc.
McCain knew he wasn’t eligible and that’s why he never released his birth certificate.
I posted an image of the letter - it is not great, blurry, but it’s the best I could do at the moment.
Transcribed:
(skipping the salutation)
As Mr. Vaughan was favored last Spring at Aranjues with a passport from his Excellency the Count De Florida Blanca to go and reside at Toledo, I omitted to enumerate in my last, the circumstances requested in your letter.
This gentleman’s father is an Englishman-his mother is an american. He himself was born, I think, in England. He means to become a Citizen of, & to settle in, one of the United States-he is by Profession a merchant. (skipping the resume of Vaughan)
He is now desirous of going to Cadiz, that he may during the Winter form proper commercial Connections there, and in the Spring embark for North America.
He has offered to take an oath of Allegiance to the United States, before me. I advised him to postpone it”till his arrival there, as well because I thought it most proper in itself, as because I did not conceive myself authorized to administer it.
This Sir is a short but very candid account of what I know of this Gentleman ,
*etc - the rest is commenting on Vaughan’s character being good.
I don’t think it is as significant as you think. Vaugan was born in England before July 4th, 1776. His mother might be American now but she could not have been when he was born (unless he is 4 years old). He is without question a British Subject.
You can find the letter here. I can provide a screen shot if you wish.
Juan mcLame was born onboard ship in Panama but papa was an Admiral (I think) and was birthed on American soil
Which US Navy ship was he born on?
from wicki:
John Sidney McCain III was born on August 29, 1936, at Coco Solo Naval Air Station in the Panama Canal Zone, to naval officer John S. McCain Jr. and Roberta (Wright) McCain. He had an older sister Sandy and a younger brother Joe.[2] At that time, the Panama Canal was under U.S. control.[3]
No harm, no foul.
THIS reply is timely and important ... I’m passing it around ... if I may
Born in England before July 4th, 1776 to an English father and probably a British subject mother (sounds like she may have been born in the Colonies).
How exactly is this like Ted Cruz?
It does give clarity as to John Jays view on citizenship. Everyone that was born in (future) American/had been in (future) America as a citizen of a state, was grandfathered in when the Constitution was signed.
He references Vaughan’s mother as an American. He does not say, “is now an American”.
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