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To: El Gato

“It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other.”—Document 6, James Madison, House of Representatives; 22 May 1789
Papers 12:179—82


16 posted on 05/12/2010 5:24:38 PM PDT by jamese777
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To: All

Justice Story, concurring opinion, “Inglis v. Sailors’ Snug Harbor,” 3 Pet. 99, 155,164. (1830)

“The 5th section of the 2d article provides, “that no person except a natural born citizen,” shall become president. A plain acknowledgment, that a man may become a citizen by birth, and that he may be born such.”


17 posted on 05/12/2010 5:27:50 PM PDT by jamese777
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To: jamese777
It is an established maxim that birth is a criterion of allegiance. Birth however derives its force sometimes from place and sometimes from parentage, but in general place is the most certain criterion; it is what applies in the United States; it will therefore be unnecessary to investigate any other.”

It's considered proper to provide a link, so that people can read your quote in context.

Article 1, Section 2, Clause 2, Document 6, James Madison, House of Representatives, 22 May 1789Papers 12:179--82.

As the title indicates this speech was about Article 1, Section 2, Clause 2. which reads:

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

It was not about "natural born citizenship, but rather citizenship at the time of the Declaration of independence.

the "in general" in your a quote. Madison is saying "citizenship" is determined by place of birth, not natural born citzenship, which doesn't even enter into the criteria of eligibility to the House of Representatives.

37 posted on 05/12/2010 9:50:38 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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