There is debate as to the use of the “Law of Nations” - and Vattel’s definition of a “natural born citizen” amongst the Founding Fathers. Although, I personally do agree that they probably did use that definition ...
For this debate, I wanted to exclude that argument from the table. I also give Obama a Mulligan as to whether he was born on US soil [for the sake of argument, I assume that he was].
So, assuming that the Founding Fathers DID NOT use Vattel and assuming Obama WAS born on US soil - is he a “natural born citizen” ???
Not according to prevailing English Law in 1787 - when the Constitution was written. English Law dictated two [2] conditions - birth within the realm [subject to the exceptions contained in the British Nationality Act of 1730] AND permanent, solitary allegiance to the sovreign.
There was NOT MUCH “American Statute Law” in place at the time. When the separation from Great Britain was complete, ALMOST ALL of the law used in the United States was British Law [except that which we disagreed with].
The lawyers amongst the Founding Fathers were trained either at English Law Schools, American Universities [which taught English Law], or studied under established attornies [who, themselves, were trained at English or American Universities that taught English Law].
Since the Constitution has not been amended to modify the definition of “natural born citizen”, we must necessarily use the definition that was in place at the time that the Constitution was written.
I don’t play golf.....Whats a Mulligan? ....LOLOLOLOL
Seems like you want to take all the most damning evidence off the table.... is that you Russ with one hand tied behind your back? LOLOLOLOL
I don’t believe that most of the Founders were lawyers....most seemed to be well read small businessmen and farmers...... Locke, Vittal, Blackstones, and others were in their libraries......
Question: If you were founding a new Nation, on a Republic model, would you use the Laws of the Monarchy you just rebelled and successfully broke away from?.......hhhhmmmmm..........I think I would be tempted to use something other than what was previously imposed on me, even if familiar, and try out something new.....maybe the well read and understood Law of Nations.....ooops I forgot one hand behind....LOLOLOLOLOL Ever consider that Blackstones was used a model for what not to do?
Yes, the Constitution and other laws was/were the start of American Statute law, we did not go the Common Law route...
No Obama is not an NBC... the letters and writtings concurrant with the writting of the Constitution indicate their concern with having a divided loyality President, something very common with the monarchies of Europe....It makes no sense that they wanted anything other than an “American Born and American Bred” for President.....
Tell me what requirements would you have written into the Constitution have you been alive then? and why?