The fact that you refer to "knowledgeable opinion" to the contrary only reinforces that this is lost history. But lost or not, it is what the Framers intended if Paine is to be believed.
-PJ
The fact that you refer to "knowledgeable opinion" to the contrary only reinforces that this is lost history. But lost or not, it is what the Framers intended if Paine is to be believed.
Well it isn't "lost"--but it isn't "law" either.
I don't have my book of the history of the convention handy but as I recall, Paine wasn't even a delegate.
However there are other writings from people who were delegates to the contrary; further, there is an argument that whatever some delegates or observer's thought it meant, particularly with others who thought something else, what it means now is what we say it meant in that context.
The Supreme Court doesn't look much at legislative history on Constitutional interpretations unless the history supports the decision to which the Court has agreed. (Except in Tax Cases.)
Further, you are engaging in a misrepresentation of what Paine actually said. All he said was "native" and yes the arguments about half native and whatnot might or might not mean something but Paine was neither a delegate nor a lawyer and the technical point at issue on meaning of the natural born clause is the ability of a foreign sovereign to exercise authority over the head of state of the United States.
Native was in fact the issue the real delegates viewed as controlling alright--but they viewed it in the legal sense--someone who was born in the territory of the several states so as never to have been subject to the sovereignty of a foreign head of state.