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To: patlin

“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.”

James Madison, The Founders’ Constitution (1789)


165 posted on 06/16/2010 11:00:38 AM PDT by Mr Rogers (When the ass brays, don't reply...)
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To: Mr Rogers

give me a link to that cite


167 posted on 06/16/2010 11:02:17 AM PDT by patlin
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To: Mr Rogers
I see you like DrConsiracy aka foggybottom.

What he leaves out is that the discussion pertained to citizen, not NBC & he further went on to say that “Mr. Smith founds his claims upon his birthright; his ancestors were among the first settlers of that colony...if he were not a minor, he became bound, by his own act, ... if he was a minor, his consent was involved in the decision of that society to which he belonged by the ties of nature.

Smith was making his claim that he was a citizen by mere fact of birthright, however Madison goes on to dispel that claim. He however explains that Smith being a minor at the time of the Declaration of Independence; Smith's citizenship came through his father(ties of nature). The act of Smith's father taking an oath automatically gave consent for his children by becoming himself a member of the new society himself. As usual, DrConspiracy parses & edits to fit his argument and completely takes out of context Madison's words.

IOW, according to Madison, birth on soil did NOT automatically make one a citizen, the parents must have been citizens for the child to become one.

174 posted on 06/16/2010 11:30:02 AM PDT by patlin
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