Really? Where exactly in the Constitution is this precise definition of natural born citizen and why did Chief Justice John Roberts completely ignore it when he administered the Oath of Office to Barack Obama.
The constitution does not contain any definitions of any term therein. It was the accepted definition in the day and was discussed in a letter from Jay to Madison regarding that particular paragraph of the constitution. In other words, it was Jay that fed the verbage to Madison to put in the constitution.
That is a good question. Where does the definition come from. First, read DaveTesla’s entry above - Bingham’s address to the joint session in 1866. Then use the search engine of your choice, or the following pointer, to find The Venus, 12 U.S. 253 from 1812. http://www.chanrobles.com/usa/us_supremecourt/12/253/case.php It is a fascinating case dealing with impact of the citizenship of owners of a freighter, The Venus, intercepted by U.S. frigates just after the beginning of the War of 1812. The ship was en route when the war began. Read the wonderfully clear description of classes of citizenship on pg 289 by Chief Justice John Marshall in his concurring decision. He cites Vattel as the most concise description and says just what Bingham said in 1866, and just what Gray and Waite said later. Some justices have suggested that there may be a reason to extend natural-born to include children born of citizen diplomats on assignment, but no justice has questioned the definition cited by John Marshall, or questioned that there was a better source than The Law of Nations derived from Gottlieb Leibniz’ natural low.
Item 1 -— See below.
Item 2 — Why did John Roberts ignore Item 1 and swear in Hussein? Good question! He should be held accountable!
Now for the constituional part......
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The Constitution and de Vattel’s Law of Nations has the answer to any questions regarding citizenship abroad and any laws crossing national boundaries:
EXCERPT 1. U.S. Constitution, Article II, §1:
No Person except a natural born Citizen, OR a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;
EXCERPT 2: de Vattel’s Law of Nations circa 1758 Book 1, Chapter XIX, § 212:
The natives, or NATURAL-BORN CITIZENS, are those born in the country, of parents who are citizens.The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent.
Finally, the main item in the Constitution that ties both together:
EXCERPT 3: U.S. Constitution, Article I, §8:
The Congress shall have Power.To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations
Yes, Law of Nations is CAPITALIZED, meaning our framers were citing a proper name. There was only one Law of Nations in 1787 officially declared. And yes, Congress has the power to create and enforce ANY LAW mentioned in the Law of Nations written by Emmerich de Vattel! It was sitting right under our noses the entire time.