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To: 4Zoltan
The first are the natural born (born within the state) or the second, aliens (born outside of the state).

The inhabitants of a state are not necessarily born there.

True, they are not, but this quote from Tucker is from notes on his annotation of Blackstone's Commentaries. The original says:

OF THE PEOPLE, WHETHER ALIENS, DENIZENS, OR NATIVES
The first and most obvious division of the people is into aliens and natural-born subjects.1 Natural-born subjects are such as are born within the dominions of the crown of England; that is, within the ligeance, or, as it is generally called, the allegiance, of the king; and aliens, such as are born out of it.
Chapter X , William Blackstone, Commentaries on the Laws of England i

Other that the inhabitant remark, Tucker quotes Blackstone almost verbatim.

Whether it is allegiance to a King or Allegiance to a country, the principal is the same.

Without a pre-existing tie, there is no allegiance, and without that allegiance, one cannot be natural born.

709 posted on 07/23/2013 6:02:10 PM PDT by MamaTexan (I am a Person as defined by the Law of Nature, not a 'person' as defined by the laws of Man)
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To: MamaTexan

But notice that Tucker/Nicholas doesn’t say that there is a third type - those born in the state but who are aliens.

So in the case of an alien moving into a state and have children there.

Which of the two classes of citizen would the children be considered - born in-state or born out-of-state?


711 posted on 07/23/2013 6:08:54 PM PDT by 4Zoltan
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