Posted on 02/12/2010 12:35:44 PM PST by syc1959
Being born in the United States does not even make one a 'NATIVE' citizen.
Immigration and Citizenship: Process and Policy fourth edition Under Jus Soli, the following is written "The Supreme Court's first holding on the sublect suggested that the court would give a restrictive reading to the phrase, potentially disqualifing significant number of persons born within the physical boundries of the nation. In Elk v. Wilkins 112 U.S. 94, 5 S.CT. 41, 28 L.ED. 643 (1884), the court ruled that native Indians were not U.S. citizens, even if they later severed their ties with their tribes. The words "subject to the jurisdiction thereof," the court held, mean "not merely subjct in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiange." Most Indians could not meet the test. "Indians born within the territorial limits of the United States, members of, and owing immediate allegiance to, one of the Indian Tribes, (an alien through dependent power,) although in a geographical sense born in the United States, are no more 'born in the United States and subject to the jurisdiction thereof,'*** then the children of subjects of any foreign government born within the domain of that government ***. Id. at 102. It continues that Congress eventually passed legislation with the 'Allotment Act of 1887, that conferred citizenship on many Indians.
The fact remains, the Court held, complete and sole Jurisdiction. As I have held that being born anywhere in the United States, jurisdiction is required, sole and complete, and Barack Hussein Obama was already claimed by British jurisdiction under the British Nationailty Act of 1948, and as such fails the United states Constitutional requirement of a Natural Born Citizen.
When Barack Obama Jr. was born on Aug. 4,1961, in Honolulu, Kenya was a British colony, still part of the United Kingdoms dwindling empire. As a Kenyan native, Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. That same act governed the status of Obama Sr.s children.
Barack Hussein Obama did not have sole jurisdiction under the United States.
Title 8 and the 14th Amendment clearlt state the following;
All persons born or naturalized in the United States and subject to the jurisdiction thereof
Note: 'subject to the jurisdiction thereof'
Obot Troll FAIL
That's what many believe. However, at this point, what is on record is that the state of HI believed the marriage was legal:
The 1964 divorce record from the Circuit Court of the First Judicial Circuit State of Hawaii, states that Stanley Ann D. Obama and Barack H. Obama "were lawfully married in Wailuku, Maui, State of Hawaii, on February 2, 1961, by a person duly authorized to perform marriage cerimonies and ever since that date have been and are now husband and wife." http://www.scribd.com/doc/18130289/Obama-1964-Divorce-Papers-13-Pages-Missing-Pg-11
I would assume that another court order would be needed to "overturn" that 1964 court order.
Sooooo....let the discovery begin!
If I may be so bold as to help clue in the younger crowd:
Cheers
Thanks for the info. I hadn’t seen that.
Yup! Let the discovery begin!
Cheers
Hey, that’s a good one!
Better yet, thge United States Supreme Court.
The Venus, 12 U.S. (8 Cranch) 253, 1814
Vattel, is more explicit and more satisfactory on it [CITIZENSHIP ISSUES] than any other whose work has fallen into my hands, [Vattel] says, the citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or indigenes, are those born in the country, of parents who are citizens.
Vattels Law of Nations: § 212. Citizens and natives
The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.
Obots like [giggleyPuff] like being lied to, they are so desperate for affection and starved for acceptance that in the face of blantant lies and deception, they are willing to stay in a bad relationship. Just like self-abusers they know no better, this is they way they have always been.
While the the coping style of those who are self-abusers or self destructive in nature, often experience profoundly disturbing emotions of fear, rejection and abandonment. Hope that fulfillment of unseen wants and perceived needs will relieve the acute and painful emotions that result from current life stresses in these individuals. Often like drug addiction, they need the euphoric next high, that feeling that they are important and their needs are being addressed. They merrily go along till the eventual letdown and again the emotional rooler coaster ride begins all over again. Down at the bottom, and more rhetoric to embellish them with elation and well being till again, the bottom hits again. Still defending the fix, they need that fix. That’s what is important to them and nothing can deter them from that fix, Barack Hussein Obama is that fix, and he plays them like a fiddle.
They are easily swayed by emotion, as feelings overpower rational thinking as the next high is should be bigger and better then the next. So they overlook the obvious in hopes of the bigger bang. Just over the next hill, maybe next time, he didn’t say that, it’s no big deal.
Saddly, those that hit bottom and finally realize they’ve been played like a fiddle, often see that they have given up everything for nothing.
Here is a list of 150+ lies, that they have been told, but instead of waking up and getting out of an abusive relationship, they continue to believe in the abuser. Its just their self destructive nature.
Ops, time for gigglePuff to braekout that ol prayer rug again.
Obamas Documented LIES: 158 and remarkably still growing
# 158 Obama claims he wrote letter to US Treasurer to try to prevent the housing
crisis; but he acted only AFTER he had caused it by blocking McCains bill
# 157 Obama claims he is bipartisan ; Congressional Quarterly shows he voted with
his party 97% of the time
# 156 Obamas dirty lie scares seniors: falsely claims McCain plans to cut $880
billion from Medicare: liar liar liar says Annenberg Factcheck
# 155 Obama lies about his mother turning to food stamps AND still sending him to
top schools; his grandmother paid for education
# 154 Obama lied about being asked to wear dead soldiers bracelet: family had
asked Obama to stop wearing it
# 153 Obama claimed all new spending is economic plan was self-funding; short by
$3.5 Trillion says nonpartisan Tax Policy Center
# 152 Obama denied Admiral Mike Mullen had called Obamas Iraqi troop plan
dangerous; Mullen made comment on Fox in July 2008 according to WaPo
# 151 Obama lied about Kissingers views of diplomacy during first debate;
Kissinger confirms the lie
# 150 During Debate 1 Obama denied voting to tax some people making $42000 a year:
Annenburg Factcheck,org confirms Obama is lying
# 149 After Debate 1, Team Obama denied Obama ever said, Irans not a threat:
Video proves Obama DID say Iran is NOT a threat.
# 148 Obama claims under McCain employers would be taxed on the health care
benefits it grants to workers; hes lying
# 147 Obama refers to an Iraqi surplus of $79 billion and says US should have it;
its $60 billion and dwindling
# 146 Obama claims only 5% of Americans would see tax increase; hes grossly
understating the number of people effected
# 145 Obama accuses McCain of lying about Biden being against clean coal; video
proves Obama is lying
# 144 Obama claims McCain is opposed to abortion in cases of rape or incest;
McCain has never held that position.
# 143 Obama accuses McCain of making an ad about Obamas vote to approve leaving
babies who survive abortion procedures to die; McCain did not make the ad
# 142 Obamas ad on abortion claims BHO always supported medical care to protect
infants; text of the Bill he supported shows he wanted babies born alive after
abortions to be left to die
# 141 Obamas ad on abortion uses quotes by journalists who made negative comments
about a McCain ad; but Obama is misleading because both journalists have been
proven to be incorrect
# 140 Obamas lying when he says McCains ad misstated BHOs Sex Ed for
Kindergartners Bill: McCains ad was accurate; heres the Sex Ed Bill text
# 139 Obama and Biden both truncate McCains comments on the strength of the
economys fundamentals: deliberate distortion
# 138 Biden claims McCain tried to hurt our veterans by denying them educational
benefits; NewsWeek confirms Biden is lying
# 137 Obama claims under McCain, Elderly would have had Social Security tied up in
the Stock market; Newsweek cries BS
# 136 Obama claims his opponent will cut social security in half: NOT true; Obama
guilty of scare-mongering aimed at Seniors
# 135 Biden claims McCain wouldnt help small borrowers hurt by housing crisis;
this is untrue according to Newsweek
# 134 Obama claimed during the primary he had more Ex President Clinton Foreign
Policy advisers than Sen. Clinton; she had 70% more
# 133 Obama claimed his father served in World War 2: his Kenyan-born father never
served
# 132 Obama grossly misquoted Sen.Clinton about her vote on a banking bill; BHO
used the false quote to show why voters dont trust Government
# 131 Obama claimed employers are more likely to be struck by lightning than be
prosecuted for employing illegals; Gov stats prove hes lying
# 130 Pushing his Green agenda Obama claimed Japanese Car average 45 mpg fuel
efficiency; its actually around 29 mph
# 129 Obama disparaged the President saying he hadnt met with auto makers until
the sixth year of his presidency; GWB met automakers in April 2003
# 128 Obama disparaged the efficiency of our healthcare system saying the U.S.
spends twice per capita than other countries: WaPo proves hes lying
# 127 Obama claims President Clintons Labor Secretary said BHOs healthcare plan,
Does more than anybody to reduce costs; Robert Reich did NOT say it
# 126 Obama falsely claimed he won the Michigan Democrat primary: he was not on
the ballot
# 125 Obamas Spanish language ad lies about McCains position on immigration;
tries to stir race-war: lies debunked by ABC
# 124 Obama lies about his interference in Iraqi negotiations; but his campaign
admits his treachery
# 123 Obama took credit for the economic stimulus package passed in Feb 08; BHOs
colleagues on Capitol Hill cry BS
# 122 Obama claims Big Oil is ignoring 68 million acres of oil fields they could
be drilling; most fields are being worked
# 121 Obama claims never questions his opponents patriotism; asks of McCain
WHICH country first?: ABC says hes questioning McCains patriotism
# 120 Obama claims personal savings rates are lowest since the Great Depression;
currently higher than under President Clinton
# 119 Obama claims on this video that he doesnt switch positions; list of 31 flip
flops show hes lying
# 118 In the Primaries Obama puffed his resume claiming he was a Professor;
State Senate bio shows he was not ; he now agrees
# 117 When Obama ran for US Senate his web site claimed 5 years as a community
organizer; he admits it was only 3 years
# 116 Obamas attack ad in Michigan claims McCain doesnt support loan guarantees
for auto-industry. McCain DOES support them
# 115 Obama says if were STILL in recession when he takes office...etc; the
economy is NOT in recession
# 114 Obama claims he signed up for Selective Service when he graduated from High
School; records show he did NOT until hed been at college 1 year
# 113 Attacking Palin, Obama has the audacity to claim,Words mean something; you
cant just make things up ; BHO makes stuff up
# 112 Biden claims McCain will increase taxes for workers & Obama will only
increase taxes on those making $435k: hes lying
# 111 Biden claims Obama drew the Nations attention to problems at Walter Reed
Army Hospital; it was two WaPo reporters that reported the issues to the Nation
# 110 to make Obama seems more American/less exotic, Biden tells Scranton crowd
Obama grew up in Kansas; BHO grew up in Hawaii and Indonesia
# 109 Obama lies yet again to disparage Gov. Palin; ignores her executive
experience as Governor of Alaska
# 108 Obama says the US economy has failed under Bush; World Bank stats proves
Obamas been lying; US a world leader in growth, employment, incomes
# 107 Obama claims if you are born into poverty in America you are on your own:
there are many government programs
# 106 Obama claims hes bi-partisan: voting records prove Obama is #11 most
partisan
# 105 Claimed Hillary would be on anyones short-list; Hillary wasnt on Obamas
short-list
# 104 Obama claims abortion rates have not gone down under the Bush
Administration; stats show they have gone down
# 103 Obama dismissed Bomber Bill Ayers as some guy who lives in the
neighborhood;they had a close working relationship
# 102 Obama claims theres no charge to attend his acceptance speech: CBS 4 in
Denver proves hes lying; some tickets cost $1000
# 101 Obama used being a first-time-buyer to justify consulting with Rezko before
he bought his house; BHO had already purchased a residence
# 100 Obama lies about his support for infanticide; campaign concedes in 03 he
opposed a bill stopping the killing of kids born alive after abortions
# 99 Obama overstates Oil Industrys contributions to McCain; ignores cash the Oil
industry gave BHO; Newsweek debunks
# 98 To belittle America,Obama exaggerated the growth in Debt under the current
Administration; debunked by WaPo
# 97 Obama claims President George W Bush had not left the country before he
became President; WaPo confirms hes lying
# 96 To promote green, Obama claimed he drove a vehicle that uses ethanol; GM
confirmed the model was NOT ethanol-ready
# 95 Obama claims hes taking his family for a weeks rest in Hawaii with no
campaigning; schedules a rally for first day
# 94: Obama claims properly inflating tires will save as much energy as we could
drill offshore; analysis shows not even close
# 93 Obama denies accusing McCain of using race against him; ABC, NYT confirm
Obama did accuse McCain of making racial attacks
# 92 Obama claims hes not being political when hes flip-flopping; timing &
direction of major flip-flops show hes lying
# 91: Obama INVENTS a wall between Christians and Jews; deceptively omits the
major religious wall is caused by a fatwah to kill American Christians and Jews
# 90 Obama claims he made a substantive call for Germany to help in Iraq; Berlin
speech transcript proves hes lying
# 89: Obama admits he underestimated the decline in violence from the Surge;
falsely claims McCain made same mistake
# 88 Obama turned a disappointing crowd of 20,000 into media reports of 200,000
# 87 Obama lied about his fathers religious upbringing! half-brother confirms
Obamas father was RAISED Muslim
# 86 Obama claimed we only made one fundraising trip to Florida during the
Primary; Florida papers proved he lied
# 85 Claims reducing obesity to 80s levels would save Medicaid ONE TRILLION
DOLLARS; not even close
# 84 To make Iraq/Afghan Wars look bad, Obama claimed demands on Nat Guard
personnel hurt flood relief; Guards prove lying
# 83 Claimed due to overseas commitments, too few helecopters were available to
help with Midwest flood relief; now concedes not true
# 82 Starting in Iowa, Obama claimed Clintons healthcare plan would punish
families that couldnt afford healthcare; NYT calls BS
# 81 Obama claims McCains tax plan will do nothing to help the middle-class: The
Tax Policy Center proves hes lying
# 80 claims the use of an Email with a big red DONATE button is NOT a fundraising
solicitation
# 79 Obama claims his trip to Europe was non-political: uses video of Berlin
speech to raise money within hours
# 78 Tells NBC that during the debate on the Surge he said the Surge would work in
Baghdad; video proves during the debate he said the opposite
# 77 Obamas Changing World ad claims hell fast-track alternatives to oil to
stop us buying from hostile nations; fast track is totally misleading
# 76 Obama tells Israeli media that hes a member of the Senate Banking Committee;
CNN confirms hes delusional
# 75 Obama claims Lou Dobbs caused hate crimes against Latinos to double; the FBI
and CNN confirm Obama is lying
# 74 Obama claims the military brass think like he does; top US commanders say his
plan for Iraq is unworkable
# 73: Obama promised to filibust FISA; later Obama voted for FISA and now denies
changing his position
# 72 Obama belittles Americans claiming we cant speak European languages; hes
talking merde; mierda; Scheiße
# 71 Obama denied he accused President Bush of starting the War for political
reasons; Russert transcript proves Obama made that false claim
# 70 Obama claims there has been substantial job losses from NAFTA; Independent
studies show its at least job neutral
# 69 Claimed in Feb 08 he got 90% of funds from donors giving $25, $50; fed
filings show he got only about a third from donors below $200
# 68 Obama rewrites history about what specifically he had said during his October
2002 anti-war speech
# 67 Obama claimed in 04 that he had never supported bringing troops out of Iraq;
rare video of 03 Teamsters rally shows hes lying
# 66 Obama lied about the softness of the Stock Market to support his false claim
the War was being used to distract the public
# 65 To justify move to private funds, Obama claims McCains campaign is fuelled
by PACs and Lobbyists; its less than 2% of McCains money
# 64 Obamas Dignity ad claims he worked his way thru college and law school;
campaign admits only two summer jobs
# 63 Obamas Dignity ad gives him credit for reducing Welfare rolls by 80%: hes
deceptive as he was opposed to Fed Welfare Reform in 96
# 62 In Obamas The Country I love ad, he takes credit for passing a healthcare
bill he did NOT vote for
# 61 Claims he first ran in Chicago as an unendorsed candidate; his 96 election
questionnaire proves he had several
# 60 Obama claims he wants a vigorous and open debate on the issues: then goes out
of his way to avoid it
# 59 Obama omits key details about a false rumor re video of Michelles whitey
rant to justify breaking his public funding promise
# 58 Obama tries to deceive about why he voted present more than 100 times in
the Illinois Senate; Chicago paper reveals the truth
# 57 Trying to claim patriotism Obama says his grandad signed up the day after
Pearl Harbor; army records disagree
# 56 Claims race and party not important to how people vote as they put America
first; 93% block vote disproves
# 55 On June 5, Obama stated that Israel must remain undivided; June 6 on CNN he
reversed his position, but denied he had done so
# 54 To further his own agenda, Obama grossly overstates the number of potential
African-American votes in MS, GA, SC
# 53 Promise of $2500 reduction in Healthcare premiums needs billions in Admin
cost savings by 2012: not possible
# 52 Obama omits to mention his 3 week trip to the Islamic Republic of Pakistan
until it slips out trying to out-do Clinton
# 51 Obama claims McCain wants to wage a lengthy war in Iraq: Video proves Obamas
lying
# 50 Obama claimed he never prayed in a mosque; his campaign had to retract that
statement
# 49 Obama dishonestly used endorsements in ads to pump up his healthcare plan
# 48 Claims he never discussed politics with Pastor; rebutted by photo of Obama
with team of lobbyists led by Wright
# 47 Obama, an expert at parsing words, claimed he wasnt familiar with the word
Clintonian; then changed his story
# 46 Despite reeking of cigarettes, Obama denied smoking to ABC; now admits
smoking on MSNBC
# 45 Obama said hed meet unconditionally with Leader of Iran: now claims he
didnt have Ahmadinejad in mind
# 44 Obama claims he is using public financing to avoid special interests: WSJ
nails his switcheroo
# 43 Obamas rhetoric claims more young black men in jail than college: BoJ Stats
disprove
# 42 Claims he never said he was a proponent of single-payer universal healthcare;
Video proves he did
# 41 Obama claims remarks to industrialists were greeted with silence, shows he
can deliver tough message: video of ovation
# 40 Obamas claim you dont rip opponents & leave on roadside:he did to Alice
Palmer
# 39 Obama denies saying Indiana could be tie-breaker: he did
# 38 Obama omits that Pastor Wright led divestiture campaign from Israel
# 37 Obama claims Church not controversial; he knew it was controversial since 86
# 36 Lied about intention of taking US out of NAFTA
# 35 Obamas claim poverty growing up: both distort reality
# 34 Obama denies meeting Saddams Auchi; sworn Fed. witness places Obama at
undisclosed party for Auchi at Rezkos
# 33 Obama lies about not attacking Clinton over her Bosnia lies
# 32 Obama claims he passed ethics reform; ABC News shows he lied
# 31 Obama says hes consistently opposed NAFTA; in October 2007 he supported
expansion to Peru
# 30 Obama claims hes above dirty political tricks; Clinton proves he lies
# 29 Obama claims his bitter remarks were mangled; then repeats attacks on guns
religion and angry people
# 28 Obama claims never said he wouldnt wear US flag-pin; video shows he did
# 27 Obama says he did no favors for Rezko;untrue; he lobbied for him
# 26 Changes story repeatedly re Rezkos help in buying mansion
# 25 Obama claims he never supported a ban on handguns; he has twice
# 24 Obama claims stays at UCC as Pastor acknowledged comments were inappropriate;
Wright never made this statement
# 23 Campaign is beholden to only the people as unlike McCain/Clinton he does
not take lobbyist /PAC money; LIES!
# 22 Claims campaign never called Canada to say Obama not truthful re wanting
leave NAFTA; smoking gun memo proves lied
# 21 Mrs Obama admits shes never been proud of America; Video disproves Sen.
Obamas later claim she was misquoted
# 20 Claimed would not run for President, as he would not be qualified by 2008:
confirmed 3 times to Tim Russert in one 2006 interview
# 19 Claims famous in Il. for not letting lobbyists even buy him lunch; took from
teachers, trial lawyers, hospital admins
# 18 Claims his parents met at Selma civil rights march; Washington Post noted it
occurred 4 yrs after Obamas birth
# 17 BO claims courageously opposed war in 2002 during US Senate campaign; He did
not announce his senate bid until 2003
# 16 Claims he passes tough Nuclear Law; NYT uncovers he took Nuclear Industry
pay-off and watered down the bill
# 15 Claimed he didnt know Rezko was corrupt when did a real estate deal with
him; Chicago papers prove he lied
# 14 Claims does not accept money from Big Oil: Real Clear Politics proves he lied
# 13 Denies using his Hopefund PAC to influence endorsers; but the Washington Post
reviewed the record and disagreed
# 12 Claims his State Chair is not a drug company lobbyist; Time magazine cries
Bullshit
# 11 Lies about how much he received in campaign funds from Rezko; forced to
significantly increase the amount twice
# 10 Claims he did not fill out the 1996 candidate questionaire; Politico proves
he lied
# 9 Took credit for achievement of others in Chicago; resume puffing exposed by LA
Times
# 8 Claims he kept no State Senate records; now he changes his story
# 7 Denies doubling wifes salary was due to becoming US Senator; omits within
months he earmarked $1 million for hospital
# 6 Denied meeting Saddam bagman Auchi; now admits he was at his dinner but does
not remember talking to him
# 5 Denies using his church for politics: IRS disagree
# 4 Claims he was unaware of Pastor Wrights 911 comments: NYT proves he lied
# 3 Claims his father was a goat-herd; actually he was a man of privilige
# 2 Claims not an active muslim as child; Indonesian paper proves he lied
# 1 Claims father linked to Kennedys; Washington Post proves he lied
Nope.... nothing in there about Obama’s eligibility. Just a waste of bandwidth.
> And yet they still recognize it. So there you go. Just like with Blackstone, EnderWiggins sees only what EnderWiggins wants to see. The most telling part of the 1990 State Department Communique:
At the same time, it is assumed that a person with dual citizenship are equally loyal to the United States and another State.
So there you go.
|
The brackets were for you, so you’d be able to follow along. Just trying to keep you focused.
Seeing you lack common sense, it was needed.
Back from prayer time, so soon.
The brackets are a lie, no matter who they were for.
That is the issue, giggleyPuff.
There has been no Constitutional amendment allowing for ‘Native’ born citizens the privilege of holding the Office of the Presidency.
That is as close to as 2004, with the Natural Born Child Act, that never became law and as late as 2006, by an Obama lawyer.
AMENDING THE NATURAL BORN CITIZEN REQUIREMENT: GLOBALIZATION AS THE IMPETUS AND THE OBSTACLE SARAH P. HERLIHY
The natural born citizen requirement in Article II of the United States Constitution has been called the stupidest provision in the Constitution,1 undecidedly un-American,2 blatantly discriminatory,3 and the Consti-tutions worst provision.4 Since Arnold Schwarzeneggers victory in the California gubernatorial recall election of 2003, commentators and policy-makers have once again started to discuss whether Article II of the United States Constitution should be amended to render naturalized citizens eligi-ble for the presidency.5 Article II, Section 1, Clause 5 of the Constitution defines the eligibility requirements for an individual to become president. Article II provides:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Of-fice who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States
So again, you are wrong, lying, deceptive, and denying facts right in front of you eyes.
Wrong yet again.
I understand the ability of most thinking people to keep track of your inane and convoluted arguments, but come on Syc, you should be able to at least keep track them because you made them all up.
This issue is whether or not Obama is eligible to be President of the United States, not whether anybody likes him or not.
Of course that should have read “inability.”
I will keep this ‘simple for those that can’t understand or have common sense [OK Giggles - for you]
U.S. Supreme Court
The Venus, 12 U.S. 8 Cranch 253 253 (1814)
The Venus
1. The writers upon the law of nations distinguish between a temporary residence in a foreign country for a special purpose and a residence accompanied with an intention to make it a permanent place of abode. The latter is styled by Vattel “domicile,” which he defines to be, “a habitation fixed in any place, with an intention of always staying there.” Such a person, says this author, becomes a member of the new society, at least as a permanent inhabitant, and is a kind of citizen of an inferior order from the native citizens, but is nevertheless united and subject to the society without participating in all its advantages. This right of domicile, he continues, is not established unless the person makes sufficiently known his intention of fixing there, either tacitly or by an express declaration. Vatt. 92-93. Grotius nowhere uses the word “domicile,” but he also distinguishes between those who stay in a foreign country by the necessity of their affairs or from any other temporary cause and those who reside there from a permanent cause. The former he denominates “strangers” and the latter “subjects,” and it will presently be seen by a reference to the same author what different consequences these two characters draw after them.
The whole system of decisions applicable to this subject rests on the law of nations as its base. It is therefore of some importance to inquire how far the writers on that law consider the subjects of one power residing within the territory of another, as retaining their original character or partaking of the character of the nation in which they reside.
Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says
“The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.”
“The inhabitants, as distinguished from citizens, are strangers who are permitted to settle and stay in the country. Bound by their residence to the society, they are subject to the laws of the state while they reside there, and they are obliged to defend it because it grants
Page 12 U. S. 290
them protection, though they do not participate in all the rights of citizens. They enjoy only the advantages which the laws or custom gives them. The perpetual inhabitants are those who have received the right of perpetual residence. These are a kind of citizens of an inferior order, and are united and subject to the society, without participating in all its advantages.”
A domicile, then, in the sense in which this term is used by Vattel, requires not only actual residence in a foreign country, but “an intention of always staying there.” Actual residence without this intention amounts to no more than “simple habitation.”
Vattel says,
“Enemies continue such wherever they happen to be. The place of abode is of no account here. It is the political ties which determine the quality. While a man remains a citizen of his own country, he remains the enemy of all those with whom his nation is at war.”
http://supreme.justia.com/us/12/253/case.html
Giggles- onpen mouth- insert foot - enjoy
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