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Natural Born Citizens and USSC Docket 20-1503
The Post & Email ^
| 16 May 2021
| Joseph DeMaio
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 ...
TOPICS: Chit/Chat; History; Miscellaneous; Society
KEYWORDS: harris; naturalborncitizen; supremecourt
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To: Ladysforest
His mother could not have been an American citizen at the time of his birth. She could be an American citizen on July 4th, 1776.
If Vaughan was an adult on July 4th, 1776 it wouldn’t matter what his parents were. There would be no way for him to receive American citizenship through his parents.
I would think Jay understood that.
41
posted on
05/19/2021 5:35:07 PM PDT
by
4Zoltan
To: 4Zoltan
Grandfathered in. It’s a REAL thing.
42
posted on
05/19/2021 6:45:01 PM PDT
by
Ladysforest
(Racism, misogyny, bigotry, xenophobia and vulgarity - with just a smattering of threats and violence)
To: Ladysforest
Grandfathering became real in 1788. This letter was written in 1781.
How exactly does that work?
43
posted on
05/19/2021 6:58:29 PM PDT
by
4Zoltan
To: 4Zoltan
Well, look at the language of the Constitution. There was a clear distinction between citizen and Natural Born Citizen. There was, regrettably, no clear definition written into the constitution as to the difference between the two. However, as two are mentioned, two there are.
You are welcome to define each, site your sources, just as you should site your source for grandfathering re:American citizenship not beginning until the year 1788.
It is a conversation worth having.
44
posted on
05/19/2021 7:20:27 PM PDT
by
Ladysforest
(Racism, misogyny, bigotry, xenophobia and vulgarity - with just a smattering of threats and violence)
To: Ladysforest
45
posted on
05/19/2021 8:01:55 PM PDT
by
4Zoltan
To: knarf
In what state was Lord McCain birthed? (I love that word birthed.. probably the only thing Hillry ever got ‘right’.)
46
posted on
05/19/2021 8:32:01 PM PDT
by
Just mythoughts
(Psalm 2. Why do the heathen rage, and the people imagine a vain thing?)
To: Just mythoughts
of confusion
No state ... country of Panama.
47
posted on
05/20/2021 1:52:58 AM PDT
by
knarf
(I say things that are true, I have no proof, but they're true !)
To: CDR Kerchner
What about the military? Both my wife and I were born in the US but both of our children were born in Germany when we were stationed there. My daughter was born in the US Army hospital at Landstuhl. But to further complicate matters, my son was born in West Berlin while the city was legally still under Allied occupation. He was born in the US Army hospital in the American sector while I was a member of the US Occupation Forces. At that time, the West German government did not exercise sovereignty over West Berlin. Each Allied power, US, Britain and France, was sovereign over its sector. Both of my children have birth certificates issued by the US State Department that records the birth of a US citizen born abroad. So, are my children Natural Born Citizens or not?
48
posted on
05/20/2021 7:32:35 AM PDT
by
ops33
(SMSgt, USAF, Retired)
To: ops33
49
posted on
05/20/2021 9:51:03 AM PDT
by
CDR Kerchner
(natural born Citizen, natural law, Emer de Vattel, naturels, presidential, eligibility, kamalaharris)
To: ops33
Vattel is clear on the matter you present. The U.S. Government and State Department is not. One would assume that members of the military stationed abroad with dependents would have been briefed on the uncertainty of the issue per the State Department's Foreign Affairs Manual. See:
http://www.kerchner.com/naturalborncitizen/StateDepartment-EligibilityForPresidency-NaturalBornCitizen-HL1 op.jpg The U.S. Supreme Court needs to take on this issue of "natural born Citizen" instead of avoiding it, as Justice Clarence Thomas stated. My position is that Vattel is clear on the issue as he states in section 216 and 217.
50
posted on
05/20/2021 10:13:38 AM PDT
by
CDR Kerchner
(natural born Citizen, natural law, Emer de Vattel, naturels, presidential, eligibility, kamalaharris)
To: CDR Kerchner
51
posted on
05/20/2021 12:59:16 PM PDT
by
redinIllinois
(Pro-life, accountant, gun-totin' Grandma - multi issue voter)
To: 4Zoltan
I wasn’t using the phrase as a legal term of art, but casually.
The word retroactive would have been more precise to the period.
I do tend to use them interchangeably - but I’m not a lawyer, nor a Judge, so I won’t come down too hard on myself.
52
posted on
05/21/2021 12:59:35 PM PDT
by
Ladysforest
(Racism, misogyny, bigotry, xenophobia and vulgarity - with just a smattering of threats and violence)
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