To: Lundy_s Lane II
The definition that was in use at the time of the Constitution for Natural Born Citizen is given by Vattel.
The definition that was in use by the state statutes and court case opinions at the time the Constitution was written was most definitely NOT the one given by Vattel. The definition in use by the original 13 state statutes and courts at the time was based on jus soli, and the only time that jus sanguinis applied was for children born outside the boundaries of the states (and, pre-statehood, colonies). That is an established historical fact.
To: Sibre Fan
Until Independence everyone in the Colonies were subjects of the crown and so
jus sanguinis did not apply.
That the framers meant to use a Vattel basis where the Natural born must be not only born on the soil but of jus sanquinis (born of citizen parents) is the inclusion of the out that they gave themselves to be President. They were mainly native born but they were born as English subjects.
So I do not think that this is an established fact. Just a hint you would do better to link me to some scholarly article and let me decide for myself. Or to case law if applicable.
To: Sibre Fan
The definition that was in use by the state statutes and court case opinions at the time the Constitution was written was most definitely NOT the one given by Vattel. The definition in use by the original 13 state statutes and courts at the time was based on jus soli, and the only time that jus sanguinis applied was for children born outside the boundaries of the states (and, pre-statehood, colonies). That is an established historical fact. I'm sure you can provide the sources and quotes then. I will be very hard to convince that the intent of the natural born citizen clause, to help lesson foreign influence and intrigue, would have been met in John Jay's estimation by someone with a foreign national for a father.
383 posted on
10/14/2009 6:18:50 PM PDT by
El Gato
("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
To: Sibre Fan
The definition in use by the original 13 state statutes and courts at the time was based on jus soli, and the only time that jus sanguinis applied was for children born outside the boundaries of the statesYou can only reach that conclusion if you didn't read the the law because it says: "the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens".
Look up the meaning of the words: "that may".
Let me translate that for you: "children of citizens of the United States are natural born citizens, even though they may have been born here, there, or elsewhere."
Senate resolution SR511 in 2008 used that definition and by that definition alone Obama should not be sitting in the Oval Office.
446 posted on
10/15/2009 6:14:11 AM PDT by
Uncle Chip
(TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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