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Blackstone's Commentaries on Citizenship
Blackstone's Commentaries on the Laws of England ^ | 1765 | Sir William Blackstone

Posted on 04/27/2010 1:53:06 PM PDT by Jack Black

Article 1, Section 8, Clause 4 (Citizenship)

Document 1

William Blackstone, Commentaries 1:354, 357--58, 361--62

1765 The first and most obvious division of the people is into aliens and natural-born subjects. Natural-born subjects are such as are born within the dominions of the crown of England, that is, within the ligeance, or as it is generally called, the allegiance of the king; and aliens, such as are born out of it. Allegiance is the tie, or ligamen, which binds the subject to the king, in return for that protection which the king affords the subject. The thing itself, or substantial part of it, is founded in reason and the nature of government; the name and the form are derived to us from our Gothic ancestors.

. . . . .

Allegiance, both express and implied, is however distinguished by the law into two sorts or species, the one natural, the other local; the former being also perpetual, the latter temporary. Natural allegiance is such as is due from all men born within the king's dominions immediately upon their birth. For, immediately upon their birth, they are under the king's protection; at a time too, when (during their infancy) they are incapable of protecting themselves. Natural allegiance is therefore a debt of gratitude; which cannot be forfeited, cancelled, or altered, by any change of time, place, or circumstance, nor by any thing but the united concurrence of the legislature. An Englishman who removes to France, or to China, owes the same allegiance to the king of England there as at home, and twenty years hence as well as now. For it is a principle of universal law, that the natural-born subject of one prince cannot by any act of his own, no, not by swearing allegiance to another, put off or discharge his natural allegiance to the former: for this natural allegiance was intrinsic, and primitive, and antecedent to the other; and cannot be devested without the concurrent act of that prince to whom it was first due. Indeed the natural-born subject of one prince, to whom he owes allegiance, may be entangled by subjecting himself absolutely to another; but it is his own act that brings him into these straits and difficulties, of owing service to two masters; and it is unreasonable that, by such voluntary act of his own, he should be able at pleasure to unloose those bands, by which he is connected to his natural prince.

Local allegiance is such as is due from an alien, or stranger born, for so long time as he continues within the king's dominion and protection: and it ceases, the instant such stranger transfers himself from this kingdom to another. Natural allegiance is therefore perpetual, and local temporary only: and that for this reason, evidently founded upon the nature of government; that allegiance is a debt due from the subject, upon an implied contract with the prince, that so long as the one affords protection, so long the other will demean himself faithfully. As therefore the prince is always under a constant tie to protect his natural-born subjects, at all times and in all countries, for this reason their allegiance due to him is equally universal and permanent. But, on the other hand, as the prince affords his protection to an alien, only during his residence in this realm, the allegiance of an alien is confined (in point of time) to the duration of such his residence, and (in point of locality) to the dominions of the British empire.

. . . . .

When I say, that an alien is one who is born out of the king's dominions, or allegiance, this also must be understood with some restrictions. The common law indeed stood absolutely so; with only a very few exceptions: so that a particular act of parliament became necessary after the restoration, for the naturalization of children of his majesty's English subjects, born in foreign countries during the late troubles. And this maxim of the law proceeded upon a general principle, that every man owes natural allegiance where he is born, and cannot owe two such allegiances, or serve two masters, at once. Yet the children of the king's embassadors born abroad were always held to be natural subjects: for as the father, though in a foreign country, owes not even a local allegiance to the prince to whom he is sent; so, with regard to the son also, he was held (by a kind of postliminium) to be born under the king of England's allegiance, represented by his father, the embassador. To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st. 2. that all children born abroad, provided both their parents were at the time of the birth in allegiance to the king, and the mother had passed the seas by her husband's consent, might inherit as if born in England: and accordingly it hath been so adjudged in behalf of merchants. But by several more modern statutes these restrictions are still farther taken off: so that all children, born out of the king's ligeance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception; unless their said fathers were attainted, or banished beyond sea, for high treason; or were then in the service of a prince at enmity with Great Britain.

The children of aliens, born here in England, are, generally speaking, natural-born subjects, and entitled to all the privileges of such. In which the constitution of France differs from ours; for there, by their jus albinatus, if a child be born of foreign parents, it is an alien.

A denizen is an alien born, but who has obtained ex donatione regis letters patent to make him an English subject: a high and incommunicable branch of the royal prerogative. A denizen is in a kind of middle state between an alien, and natural-born subject, and partakes of both of them. He may take lands by purchase or devise, which an alien may not; but cannot take by inheritance: for his parent, through whom he must claim, being an alien had no inheritable blood, and therefore could convey none to the son. And, upon a like defect of hereditary blood, the issue of a denizen, born before denization, cannot inherit to him; but his issue born after, may. A denizen is not excused from paying the alien's duty, and some other mercantile burthens. And no denizen can be of the privy council, or either house of parliament, or have any office of trust, civil or military, or be capable of any grant from the crown.

Naturalization cannot be performed but by act of parliament: for by this an alien is put in exactly the same state as if he had been born in the king's ligeance; except only that he is incapable, as well as a denizen, of being a member of the privy council, or parliament, &c. No bill for naturalization can be received in either house of parliament, without such disabling clause in it. Neither can any person be naturalized or restored in blood, unless he hath received the sacrament of the Lord's supper within one month before the bringing in of the bill; and unless he also takes the oaths of allegiance and supremacy in the presence of the parliament.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections
KEYWORDS: bho44; birthcertificate; birther; certifigate; naturalborn; naturalborncitizen; obama
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To: LibertyRocks

” Check out what I wrote at post #74... Hope you’re both sitting down... ;) “ ... by no means, heck, we are going to stand and cheer.....


81 posted on 04/27/2010 10:58:48 PM PDT by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: MWestMom
" Yup, anyone touched by this potential mess might want to start looking at leverage and what they can cough up to make a deal. "

DEAL ? OR NO DEAL ? ......

But, they might need political cover, and a safe place to snitch n hide.
82 posted on 04/27/2010 11:00:35 PM PDT by American Constitutionalist (There is no civility in the way the Communist/Marxist want to destroy the USA)
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To: little jeremiah; abigkahuna

From one of abigkahuna’s posts:
“But on our second meeting he did offer that he had received a second email from another source as back up to his original statements. I had the impression that both emails were from source on the east coast.”

Granted I know we are all kind of speculating on what it could mean... However, Hillary was the Senator from New York which could be a tie-in to the East Coast (Heck, DC is on the “East Coast”! LOL).

As far as Hillary herself — talk about figuring out the LEAST of two (or three) evils... Obama, Pelosi, or Clinton?

I very clearly remember Hillary Care, don’t get me wrong. However, if she is the one behind getting this mess cleared up, then I will support her in that particular case... Doesn’t mean I’ll turn into a Hillary supporter in general, just that SOMEONE has to push this, and Hillary has the means, and the standing.


83 posted on 04/27/2010 11:08:32 PM PDT by LibertyRocks (http://libertyrocks.wordpress.com ~ Anti-Obama Gear: http://cafepress.com/NO_ObamaBiden08)
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To: LibertyRocks; onyx; MHGinTN; nw_arizona_granny; grey_whiskers; Beckwith; Fred Nerks; ...
Image and video hosting by TinyPic

Ready for a mind-blowing possibility — WHO would have standing over ALL other candidates??? That’s right — HILLARY!!!

. . . . . Interesting conjecture, LibertyRocks.

Also, ... Hillary has Secret Service protection so there is minimal danger of her being ... ah ... dispatched.

84 posted on 04/27/2010 11:28:27 PM PDT by LucyT
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To: LucyT; abigkahuna

Very true about the Secret Service. Also, consider the following... Who would have the ability to keep a court case secret so as not to cause “undue concern” - until the last possible minute. And, who would have the ability to save the Dems from complete destruction? Again, it’s all Hillary. I would imagine a case brought by the Sec’y of State against the President would be kept out of the papers citing National Security issues. Now, Obama’s executive branch just basically told Congress he won’t cooperate with their investigation with the Ft. Hood shooter.

All speculation and pure conjecture - I readily admit... But like I said, it may make some of the pieces “fit”. Provided this isn’t all a matter of smoke and mirrors (in regards to abigkahuna’s discussion with the elder consultant).


85 posted on 04/27/2010 11:35:15 PM PDT by LibertyRocks (http://libertyrocks.wordpress.com ~ Anti-Obama Gear: http://cafepress.com/NO_ObamaBiden08)
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To: LibertyRocks
Let me clarify LibertyRocks--two separate emails from two different peoiple reinterating the basic fact of someone with standing has been found. It was my impression that the emails were from political sources east of Arizona and my thinking was the east coast. I can not remember now, why I had that impression, but I had it at the time. Hillary did not figure into the conversation and is not the source as far as I know.

I think some folks might be reading too much into the word "source" and it is my fault for using that word. Lets just say it was my interpretation that he obviously has political friends after being in the field for decades. I imagine that they were speaking with candor and maybe a certain insight. Two different people wrote him within a few days of this fact that someone with standing has entered the court system and we will hear more about this particular case in a month and that it will be strong enough to go to the USSC because there is someone with standing.

I hope that clears things up a bit. I don't want folks here to go off full of glee and cooking up scenarios that may not be the case. AND I have to say once again, take the information for what its worth.... It could be a bunch of hooey. I only repeat it, because I found the issue of standing interesting and am wondering which case is currently proceeding.

I don't know if it is a brand new case, or one that has been in the system. I wanted to know, but was unable to get that information from the gentleman.

86 posted on 04/27/2010 11:36:55 PM PDT by abigkahuna (Step on up folks and see the "Strange Thing" only a thin dollar, babies free)
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To: American Constitutionalist

I’d even do pay per view to see them do it....LOLOLOLOLOL


87 posted on 04/27/2010 11:50:47 PM PDT by Forty-Niner ((.))
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To: abigkahuna

Oh, I completely understood what you said. Like I said, it’s all speculation or conjecture. I didn’t mean to imply that I thought Hillary was the source (or that that is what you implied even). Just that this may be the person of “standing” — because above all other candidates she is the one directly harmed by Obama’s fraud as she lost the nomination to him (and also as a result of what her supporters thought was fraud on the part of the DNC).

And Fitzgerald no doubt has the “goods” regarding Obama - from a variety of angles. Keep in mind that Fitzgerald has been investigating the allegations against ACORN in Chicago for several years already (which is why, because the rumor coincided with the FBI raiding ACORN, that people thought the investigation was about ACORN).

As I stated, this could have NOTHING to do with the conversation you had with the political consultant. It’s just something that popped into my head after reading your post... I’ve been trying to figure out exactly what’s up there in Chicago with the Blago trial, but it’s not as if Fitzgerald’s office isn’t involved in other investigations and cases. If there is one US Attorney out there that is not afraid to step in the middle of a big pile of political manure, it would have to be Fitzgerald...

As far as getting all excited — I mean yeah, of course if it turns out to be a correct guess, THEN I’ll get a little excited. However, we’ve been through so much of this over the last 2 1/2 years that I’m not worried about people taking my post as anything more than mere speculation... :) I wouldn’t worry about anyone taking your post for more than it’s worth either — as you said a few times; for all you know it could be true, or it could be smoke and mirrors.

Sorry to worry you with my speculations! :)


88 posted on 04/27/2010 11:51:39 PM PDT by LibertyRocks (http://libertyrocks.wordpress.com ~ Anti-Obama Gear: http://cafepress.com/NO_ObamaBiden08)
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To: abigkahuna
The problem that is arising is--Will this make Nancy Pelosi President?

Such a case would prove Nancy Pelosi guilty of fraud, treason, and a host of other crimes, since she knowingly falsified the certifications from the DNC convention.

89 posted on 04/28/2010 12:22:36 AM PDT by meadsjn (Sarah 2012, or sooner)
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To: All

“The problem that is arising is—Will this make Nancy Pelosi President? That is the political question that the insiders are asking themselves. “

They may be waiting until after the November elections before pushing to get it forward as hard.


90 posted on 04/28/2010 3:18:47 AM PDT by autumnraine (America how long will you be so deaf and dumb to the chariot wheels carrying you to the guillotine?)
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To: little jeremiah
-- If SCOTUS finds him ineligible, and by that time there is an R majority, I would assume they'd get him out. --

Congress will put up as much fight and resistance as Obama. Keep in mind that not one single member of Congress raised the issue of dual citizenship when it had the opportunity - not during the primary season, not during the general election campaign, and not at the time the electoral ballots were counted.

Congress was (and is) derelict - all the more reason to throw the bums out, in my opinion. Every stinking one of them. Even the "good" ones stood mute, the entire time. As far as Congress is concerned, dual citizenship, split allegiance at birth, is "good enough" in light of the 14th amendment and Wong Kim Ark.

91 posted on 04/28/2010 4:09:27 AM PDT by Cboldt
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To: LibertyRocks; abigkahuna; LucyT
Ready for a mind-blowing possibility — WHO would have standing over ALL other candidates??? That’s right — HILLARY!!!

I doubt Hillary will put her cankles into the fecal matter!!!

When you read Lame Cherry post about granny Madelyn's bank connections which mention the Riady scandal, you just get to wonder where does it all leads???

92 posted on 04/28/2010 5:59:54 AM PDT by danamco (")
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To: LibertyRocks; little jeremiah
And, I know of one US Attorney who is NOT afraid to get involved in the mess in Chicago. The pieces might start to fit...

Fitzgerald, or what's his name???

93 posted on 04/28/2010 6:05:07 AM PDT by danamco (")
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To: abigkahuna; LibertyRocks; LucyT
I certainly "wish" the story had legs to stand on (Standing?)???

But my gut warns me of repeating the Norwegian API scammer Sammy Korir, sorry!!!

94 posted on 04/28/2010 6:20:47 AM PDT by danamco (")
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To: LibertyRocks; abigkahuna
If there is one US Attorney out there that is not afraid to step in the middle of a big pile of political manure, it would have to be Fitzgerald...

Wasn't he the one who got the wrong man, Scooby instead of Armitage???

95 posted on 04/28/2010 6:28:25 AM PDT by danamco (")
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To: Cboldt; little jeremiah

IMO the RACE CARD was the “deadly” and effective weapon to silence everyone, including the Clintons, the first “Birthers”!!!


96 posted on 04/28/2010 6:39:26 AM PDT by danamco (")
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To: danamco

Fitzi not only prosecuted the wrong man, he knew Scooby was not the leak source yet allowed Armitage to skate. Fitz is no more honorable than any other criminal in the court system.


97 posted on 04/28/2010 6:48:26 AM PDT by MHGinTN (Obots, believing they cannot be deceived, it is impossible to convince them when they are deceived.)
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To: MHGinTN

I’m certainly not carrying water for the State of Hawaii and their lying employees, or anybody else.

I saw the “shredded” story widely reported (I don’t watch CNN, so I definately didn’t see it on Lou Dobbs).


98 posted on 04/28/2010 7:31:43 AM PDT by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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To: MHGinTN
Fitzi not only prosecuted the wrong man, he knew Scooby was not the leak source yet allowed Armitage to skate. Fitz is no more honorable than any other criminal in the court system.

By the way, I totally agree with you on this.

Then there were the four charges of lying that were the center of the case. They all boiled down to two or three conversations between Libby and reporters. One reporters recollections were so sketchy that the judge dismissed charges around them. That left Tim Russert. Russert had changed his testimony from "can't remember" to "told me about Plame" between first interview and subsequent ones.

I think God was not amused with Tim's lying, and called Tim home right after that for a talk.

I also fault Bush for not giving him a full pardon. I hope the next Republican President has a longer memeory and pardons him.

I also fault scooter for ending his appeals, but it must have been a terrible strain on him, and they system had already shown it was out to get him.

99 posted on 04/28/2010 7:36:13 AM PDT by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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To: SatinDoll
Go do your own research.

Sorry, I insist that you research this for me. Try to finish it this week. Post it on it's own thread.

Thanks!

100 posted on 04/28/2010 7:38:54 AM PDT by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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