“The Citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they participate equally in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are Citizens”
No. He did NOT say that. He did not mention “Natural Born Citizens”. A translation made 10 years AFTER the US Constitution translated “indigenes” as “Natural Born Citizens”. No prior translation did, and indeed, “indigenes” did not require translation at all, since it is the same word in both French and English.
” the Supreme Court did define the term “Natural-born citizen” explicitly and unanimously, therefore it is defined”
Flat out lie. The US Supreme Court, in Minor, REFUSED to explore the meaning of NBC. Here is the quote:
“Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides that “no person except a natural-born citizen, or a citizen of the United States at the time of the adoption of the Constitution, shall be eligible to the office of President,” and that Congress shall have power “to establish a uniform rule of naturalization.” Thus new citizens may be born or they may be created by naturalization.
The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts.”
Notice one can become a citizen by two means: “two ways: first, by birth, and second, by naturalization”. One is EITHER a citizen by birth, or one by naturalization. Thus there are only two categories: Naturalized citizens, and born citizens. One or the other.
Because they relied on a bad translation of Vattel, first made 10 years AFTER the Constitution and thus unknown to anyone reading Vattel at the time of the Constitutional Convention, they said there were doubts about the need for citizen parents for someone to be born a citizen. And since the WOMAN in question HAD two citizen parents, her citizenship needed no further exploration. Thus: “For the purposes of this case it is not necessary to solve these doubts.”
The Court did not take up the meaning of NBC until Wong Kim Ark, when it concluded - with excellent evidence - that the term was merely the Americanized form of “Natural Born Subject’. NBS was a term the Founders were familiar with, and what they called themselves in letters to the King.
In that case, they determined:
“It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.
III. The same rule was in force in all the English Colonies upon this continent down to the time of the Declaration of Independence, and in the United States afterwards, and continued to prevail under the Constitution as originally established.”
To repeat for emphasis: “within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign”. Notice the same standard as the 14th: “within the jurisdiction”. That excluded any born in enmity to the government, which an illegal alien undoubtedly is, since he is here illegally.
Please do no rehash this stupidity about Minor deciding ANYTHING. And please also understand VATTEL DID NOT MENTION NATURAL BORN CITIZENS. A translation in 1797 inserted that term without any justification. An indigene is an indigenous person. Look it up! It is English as well as French.
They didn't "decide" it....they simply wrote it down. Since then, it's in the books.
an indigenous person. Look it up! It is English as well as French.
Hmmmmm...it says, any person born in the country, to two citizen parents.