Well at least he writes like an attorney. I think he is stretching the point on Learned Treatises. Vattel’s work is no more incorporated into our law than AmJurs or Prosser on Torts. Vattel’s work is secondary authority and of persuasive value only.
On the other hand, English common law, or judge made law, at the time of the founding, was incorporated by statute into most, if not all of the state’s common law unless over-ruled by some new holding. That is why law students still study English cases, although the impact has mostly been superceded by American holdings.
That is why frontier lawyers always had Blackstone’s Commentaries in their saddle bag, even if the Americanized annotated versions thereof.
Not having an actual federal “common law” I am not sure what value Vattel has, period outside of framing the founders intent. I think the appeal is going to splat.
FWIW, I found this site, which has a lot of info.
http://www.obamaconspiracy.org/2009/01/the-great-mother-of-all-natural-born-citizen-quotation-pages/
parsy, who is sure the birthers will mis-interpret this ruling. BTW, did you see where Orly has filed to the U N for protection?
/s
I've purposely been avoiding engaging in responding to you, but this I will not let this stand. The propaganda spewed at that site is nothing more than liberal left diatribe by some washed up traffic law clerk who twists and edits to make early legal scholars, founders as well as taken out of context(very liberally editted) congressional records for their twisted & sick view of the constitution & our founding.
1st article exposing their lies:
http://constitutionallyspeaking.wordpress.com/2010/01/16/did-common-law-really-grant-automatic-us-citizenship-upon-birth-regardless-of-parentage-part-ii/
2nd article, Part I which is now a series, as it is going to take several to expose all the lies and educate the public properly:
http://constitutionallyspeaking.wordpress.com/2010/02/13/the-statist-conspiracy-debunkers-debunked-part-i/