Because guaranteed they are going to look at it if they ever take this case. The laws of citizenship that most people in America at the time the constitution was written would have been familiar with are certainly something worth considering.
And with the likelihood they would practice a little bit of ends based jurisprudence, they are definitely going to consider the laws which most help them achieve their ends. Its all well and good that yall think Vattel is the intended definition, but with no explicit evidence of it, I can’t see them using it.
That’s an interesting point.
Law of Nations is twice mentioned in the U.S.Constitution, English Common Law never. Also, and I was surprised to discover this, ‘democracy’ is never mentioned either.
This decision by the Indiana Court of Appeals is terrible, and as Leo Donofrio points out on his website, full of glaring discrepancies, omissions, and outright falsehoods.
He, for one, hopes publicity shines fully on Indiana’s Appeal Court decision because it is awful and amateursih vis a vis the Constitution.