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To: 4Zoltan
So you agree that Governor Jindal and Senators Rubio and Santorum are natural born citizens because their parents didn’t run “across the border and squatted or overstayed a Visa.”

Please show me the legal trail all the way from your original statement concerning Rawle to the laws governing the residency papers of the parents of Jindal and Rubio WITHOUT the type of citizen changing from natural born citizen to 'citizen of the United States'......

and I'll consider it.

-----

BTW - You're skipping past a big chunk of American Law to use the jurist THIRD in line and the one most saturated in pure English Law.

There are differences, you know.

1,474 posted on 03/14/2013 10:47:24 AM PDT by MamaTexan (To follow Original Constitutional Intent, one MUST acknowledge the Right of Secession)
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To: MamaTexan
"the legal trail"

The legal trail starts in 1527 when John Rastell wrote:

"Alyon is he of whome the fader is born and he hymselfe also borne out of the elegiance of our lord the kyng, but yf an alyon come and dwell in England whyche is not of the kynges enemyes and here ad issu this issu is not alion but englysh, also if an englysh man go over the see with the kyngs lycence and ther ad issu this isu is not alyon.”

Through Chief Justice Coke in 1608:

"Sherley a Frenchman, being in amity with the King, came into England, and joined with divers subjects of this realm in treason against the King and Queen, and the indictment concluded (f) contraligeant’ suæ debitum, for he owed to the King local obedience, that is, so long as he was within the King’s protection; which local obedience being but momentary and uncertain, is yet strong enough to make a natural subject, for if he hath issue here, that issue is (g) a natural born subject; a fortiori he that is born under the natural and absolute ligeance of the King (which, as it hath been said, is alia ligeantia) as the plaintiff in the case in question was, ought to be a natural born subject”

Through the 1732 Chart of Georgia:

"Also we do, for ourselves and successors, declare, by these presents, that all and every the persons which shall happen to be born within the said province, and every of their children and posterity, shall have and enjoy all liberties, franchises and immunities of free denizens and natural born subjects, within any of our dominions, to all intents and purposes, as if abiding and born within this our kingdom of Great-Britain, or any other of our dominions"

And continues through Justice William Blackstone:

"The children of aliens, born here in England, are, generally speaking, natural-born subjects, and entitled to all the privileges of such.”

Through the Declaration and Resolves of the First Continental Congress.:

Resolved, N.C.D. 2. That our ancestors, who first settled these colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural-born subjects, within the realm of England.

Resolved, N.C.D. 3. That by such emigration they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.

Through the Massachusetts Acts of Naturalization that say the "natural born citizen" is the same as "natural born subject".

Through the words of James Madison,

"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.”

And throught the words of Zephaniah Swift,

"The children of aliens born in this state are considered as natural born subjects and have the same rights with the rest of the citizens.”

Through Rawle,

"Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity."

Through Justice Gray in Wong Kim ArK,

"The foregoing considerations and authorities irresistibly lead us to these conclusions: the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications (as old as the rule itself) of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes.”

“The Amendment, in clear words and in manifest intent, includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States. Every citizen or subject of another country, while domiciled here, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the United States. His allegiance to the United States is direct and immediate, and, although but local and temporary, continuing only so long as he remains within our territory, is yet, in the words of Lord Coke in Calvin’s Case, 7 Rep. 6a, “strong enough to make a natural subject, for if he hath issue here, that issue is a natural-born subject;” and his child, as said by Mr. Binney in his essay before quoted, “if born in the country, is as much a citizen as the natural-born child of a citizen, and by operation of the same principle.” It can hardly be denied that an alien is completely subject to the political jurisdiction of the country in which he resides”

Through Chief Justice Taft in Ex Parte Grossman:

“The language of the Constitution cannot be interpreted safely except by reference to the common law and to British institutions as they were when the instrument was framed and adopted. The statesmen and lawyers of the Convention who submitted it to the ratification of the Conventions of the thirteen States were born and brought up in the atmosphere of the common law, and thought and spoke in its vocabulary. They were familiar with other forms of government, recent and ancient, and indicated in their discussions earnest study and consideration of many of them but when they came to put their conclusions into the form of fundamental law in a compact draft, they expressed them in terms of the common law, confident that they could be shortly and easily understood.”

Through the following:

Hollander v. McCain (New Hampshire 2008) ruling: "Those born “in the United States, and subject to the jurisdiction thereof,” U.S. Const., amend. XIV, have been considered American citizens under American law in effect since the time of the founding, United States v. Wong Kim Ark, 169 U.S. 649, 674-75 (1898), and thus eligible for the presidency"

Ankeny v. Governor of Indiana (Indiana 2008 – Appellate Court) ruling: "Based upon the language of Article II, Section 1, Clause 4 and the guidance provided by Wong Kim Ark, we conclude that persons born within the borders of the United States are "natural born Citizens" for Article II, Section 1 purposes, regardless of the citizenship of their parents."

Voeltz v. Obama (Voeltz I) (Florida 2012) ruling: "However, the United States Supreme Court has concluded that ‘[e]very person born in the United States, and subject to the jurisdiction thereof, becomes at once a citizen of the United States. ‘Other courts that have considered the issue in the context of challenges to the qualifications of candidates for the office of President of the United States have come to the same conclusion.",

Allen v. Obama (Arizona 2012) ruling: "Most importantly, Arizona courts are bound by United States Supreme Court precedent in construing the United States Constitution, Arizona v. Jay J. Garfield Bldg. Co. , 39 Ariz. 45, 54, ...(1931), and this precedent fully supports that President Obama is a natural born citizen under the Constitution and thus qualified to hold the office of President. … Contrary to Plaintiff’s assertion, Minor v. Happersett, ...(1874), does not hold otherwise"

Farrar (et al.) v. Obama (Georgia 2012) ruling: "In 2009, … The Indiana Court rejected the argument that Mr. Obama was ineligible, stating that children born within the United States are natural born citizens, regardless of the citizenship of their parents. … This Court finds the decision and analysis of [Ankeny] persuasive."

Voeltz v. Obama (Voeltz II) (Florida 2012), "In addition, to the extent that the complaint alleges that President Obama is not a “natural born citizen” even though born within the United States, the Court is in agreement with other courts that have considered this issue, namely, that persons born within the borders of the United States are “natural born citizens” for Article II, Section I purposes, regardless of the citizenship of their parents. See United States v. Wong Kim Ark, 169 U.S. 649"

Fair v. Obama (Maryland, 2012) ruling, “The issue of the definition of “natural born citizen” is thus firmly resolved by the prior United States Supreme Court in a prior opinion [Wong Kim Ark], and as this Court sees it, that holding is binding on the ultimate issue in this case. …this Court does not believe that it has the discretion to simply disregard a holding which clearly applies to the definition of “natural born citizen” as it applies to President Obama."

1,480 posted on 03/14/2013 11:42:40 AM PDT by 4Zoltan
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