While you're at it why don't you point out a case decided in the Supreme Court of the United States that says that "native born citizen" and the phrase used in Article II "natural born citizen" are interchangeable.
In Wong Kim Ark it is stated at the outset that "the" question presented is citizenship under the the Fourteenth Amendment and thus no other question is decided. Further the extensive discussion that you refer to is about natural born "subjects" not about natural born citizens in the context that is the question before the court of the Fourteenth Amendment, not in regard to a question not before the court. Even further, the opinion cites the Story opinion in Shanks v. Dupont where Story refers to common law in England as mere municipal law and holds that on issues such as citizenship the Framers, in their references to citizenship, that is, before the Fourteenth Amendment, looked to the law of nations.
And frankly I find that Marshall in The Venus in concurence carries more weight than yourself as do both Tucker and Ramsay as authorities of the day. Nor do I see what is "poor" about the translation of Vattel that the Framers used. The French itself is quite clear and the translation is quite accurate.
“While you’re at it why don’t you point out a case decided in the Supreme Court of the United States that says that “native born citizen” and the phrase used in Article II “natural born citizen” are interchangeable. “
I have cited where they use it interchangeably. There is no reason for a specific case to generate a ruling over terms, when the courts ALL understand them already. Remember, YOU are the one pushing a view no court has ever agreed with.
“Further the extensive discussion that you refer to is about natural born “subjects” not about natural born citizens in the context that is the question before the court of the Fourteenth Amendment”
Nope. Sections 2 & 3 specifically discuss the meaning of NBS as being the key to understanding the meaning of NBC. I know I won’t convince you of that, but I’ve posted the text on this thread for anyone to read for themselves. Again, my understanding - that WKA dealt with the meaning of natural born citizen - is accepted by every state, every congressman and every court.
Here is a link for anyone wanting to read the actual decision:
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0169_0649_ZO.html
I know you don’t agree, but posting the text again won’t help you.
“And frankly I find that Marshall in The Venus in concurence carries more weight...”
Um...are you aware of what The Venus was about?
“This is the case of a vessel which sailed from Great Britain with a cargo belonging to the respective claimants, as was contended, before the declaration of war by the United States against Great Britain was or could have been known by the shippers. She sailed from Liverpool on 4 July, 1812, under a British license, for the port of New York and was captured on 6 August, 1812, by the American privateer Dolphin and sent into the District of Massachusetts, where the vessel and cargo were libeled in the district court...On this ground it is that the courts of England have decided that a person who removes to a foreign country, settles himself there, and engages in the trade of the country furnishes by these acts such evidence of an intention permanently to reside there, as to stamp him with the national character of the state where he resides. “
http://supreme.justia.com/us/12/253/case.html
Yes, it dealt with INTERNATIONAL LAW. And Vattel was a writer on that subject, aka ‘the law of nations’.
But Vattel has NEVER been the rule for citizenship in the USA, since Vattel would require two citizen parents for someone to be a citizen - and that is consistent with Swiss law, but not US law.
“Nor do I see what is “poor” about the translation of Vattel that the Framers used.”
Well, they translated indigenes as ‘natural born citizen’, when the French phrase for NBS/NBC is ‘sujets natural’. (IIRC on the spelling).
Of course, they could have simply transliterated indigenes, since the English word for it is indigenous.
Further, the Founders did NOT us a translation saying NBC, since the first edition of Vattel to use that phrase was published in 1797 - 10 years AFTER the Constitution.