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To: BP2
"The Constitution does not “cite” Blackstone either!"

Of course it didn't. Blackstone merely is a source to show you what English common law said. But he is not the authority. English common law is the authority.

But the Declaration of Independence does recognize Natural Law.

Well... de Vattel hardly invented the concept of "natural law." But that's neither here nor there. The Declaration is not the Constitution, and it only mentions "citizens" once without any discussion of how citizenship is obtained.

As you might recall, we are talking about Presidential eligibility, remember? The Declaration is rather irrelevant to that issue.

"Further, the Constitution does not cite the Ten Commandments or the Bible."

No surprise since so many of the framers were heretics. But is does cite common law.
966 posted on 02/17/2010 9:25:41 AM PST by EnderWiggins
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To: EnderWiggins
No surprise since so many of the framers were heretics.

You're a sick, demented bastard...go climb back under whatever slim covered rock from which you emerged.

My guess would be DUmmieland, Kos, or underneath Obama's, Rahms's or Axlerod's desk, or perhaps all of the above..

972 posted on 02/17/2010 9:52:30 AM PST by Las Vegas Ron ("Because without America, there is no free world" - Canada Free Press - MSM where are you?)
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To: EnderWiggins; All
"The Constitution does not “cite” Blackstone either!"

Your response to the above was:

Of course it didn't. Blackstone merely is a source to show you what English common law said. But he is not the authority. English common law is the authority.

Well, you FINALLY stepped in it, Wiggy - I have been waitng for this ...

By your OWN WORDS, you admit that Blackstone is MERELY a source that explains English Common Law, and NOT the law itself ...

Add that together with your worshipful reliance on the Wong Kim Ark Case, and we have the following:

Justice Gray in Ark cited Calvin's Case (1608) as the relevant English Common Law. And Calvin's Case stated the following:

" ... 3. There be regularly (unless it be in special cases) three incidents to a subject born. 1. That the parents be under the actual obedience of the King. 2. That the place of his birth be within the King's dominion. And, 3. The time of his birth is chiefly to be considered; for he cannot be a subject born of one kingdom that was born under the ligeance of a King of another kingdom, albeit afterwards one kingdom descend to the King of the other. For the first, it is termed actual obedience, because, though the King of' England hath absolute right to other kingdoms or dominions, as France, Aquitai, Normandy, &c. yet seeing the King is not in actual possession thereof, none born there since the Crown of England was out of actual possession thereof, are subjects to the King of England. 2. The place is observable, but so as many times ligeance or obedience without any place within the King's dominions may make a subject born, but any place within the King's dominions may make a subject born, but any place within the King's dominions without obedience can never produce a natural subject. And therefore if any of the King's ambassadors in foreign nations, have children there of their wives, being English women, by the common laws of England they are natural-born subjects, and yet they are born out-of the King's dominions. But if enemies should come into any of the King's dominions, and surprise any castle or fort, and [7-Coke-18 b] possess the same by hostility, and have issue there, that issue is no subject to the King, though he be born within his dominions, for that he was not born under the King's ligeance or obedience. But the time of his (a) birth is of the essence of a subject born; for he cannot be a subject to the King of England, unless at the time of his birth he was under the ligeance and obedience of the King. And that is the reason that antenati in Scotland (for that at the time of their birth they were under the ligeance and obedience, of another King) are aliens born, in respect of the time of their birth.

4. It followeth next in course to set down the reasons wherefore an alien born is not capable of inheritance within England, and that he is not for three reasons. 1. The secrets of the realm might thereby be discovered. 2. The revenues of the realm (the sinews of war, and ornament of peace,) should be taken and enjoyed by strangers born. 3. It should tend to the destruction of the realm. Which three reasons do appear in the statute of 2 H. 5. cap and 4 H. 5. cap ultimo. But it may be demanded, wherein doth that destruction consist; whereunto it is answered; first, it tends to destruction tempore belli; for then strangers might fortify themselves in the heart of the realm, and be ready to set fire on the commonwealth, as was excellently shadowed by the Trojan horse in Virgil's Second Book of his Aneid, where a very few men in the heart of the city did more mischief in a few hours, than ten thousand men without the walls in ten years. Secondly tempore pacis for so might many aliens born get a great part of the inheritance and freehold of the realm, whereof there should follow a failure of justice (the supporter of the commonwealth) for that aliens born cannot be returned of juries (a) for the trial of issues between the King and the subject, or between subject and subject. And for this purpose, and many other, (see a charter worthy of observation) of King Ed. 3. written to Pope Clement, datum apud Westm 26. die Sept. ann regni nostri Franciæ 4 regni vero Angliæ 17 ...

... Now when the whole was under the actual and real ligeance and obedience of one King, were any that were born in any of those several and distinct kingdoms aliens one to another? Certainly they being born under the obedience of one King and sovereign were all natural-born subjects, and capable of and inheritable unto any lands in any of the said kingdoms.

2. Whosoever are born under one natural ligeance and obedience due by the law of nature to one sovereign are natural-born subjects: but Calvin was born under one natural ligeance and obedience, due by the law of nature to one sovereign; ergo, he is a natural-born subject."

***

And, it AIN'T a coincidence that John Jay's reservations to George Washington concerning an agent provocateur becoming Prsident STRONGLY adheres to Lord Coke's analogy of the Trojan Horse ...

987 posted on 02/17/2010 11:57:32 AM PST by Lmo56
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