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To: HMS Surprise

I’m not surprised. Why read the Supreme Court, when you can read WorldNutDaily instead?

There have always only been two categories of citizenship in the US, natural born (which equals native born) and naturalized.

“And if, at common law, all human beings born within the ligeance of the King, and under the King’s obedience, were natural-born subjects, and not aliens, I do not perceive why this doctrine does not apply to these United States, in all cases in which there is no express constitutional or statute declaration to the contrary. . . . Subject and citizen are, in a degree, convertible terms as applied to natives, and though the term citizen seems to be appropriate to republican freemen, yet we are, equally with the inhabitants of all other countries, subjects, for we are equally bound by allegiance and subjection to the government and law of the land.”

James Kent, COMMENTARIES ON AMERICAN LAW, pg. 258 (1826)

“That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted) is a happy means of security against foreign influence,…A very respectable political writer makes the following pertinent remarks upon this subject. “Prior to the adoption of the constitution, the people inhabiting the different states might be divided into two classes: natural born citizens, or those born within the state, and aliens, or such as were born out of it.”

St. George Tucker, BLACKSTONE’S COMMENTARIES (1803)

“The country where one is born, how accidental soever his birth in that place may have been, and although his parents belong to another country, is that to which he owes allegiance. Hence the expression natural born subject or citizen, & all the relations thereout growing. To this there are but few exceptions, and they are mostly introduced by statutes and treaty regulations, such as the children of seamen and ambassadors born abroad, and the like.”

Leake v. Gilchrist, 13 N.C. 73 (N.C. 1829)

“Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.”

William Rawle, A View of the Constitution of the United States, pg. 86 (1829)

“That all natural born citizens, or persons born within the limits of the United States, and all aliens subject to the restrictions hereinafter mentioned, may inherit real estate and make their pedigree by descent from any ancestor lineal or collateral…”

January 28, 1838, Acts of the State of Tennessee passed at the General Assembly, pg. 266 (1838)


91 posted on 09/17/2011 7:32:04 AM PDT by Mr Rogers ("they found themselves made strangers in their own country")
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To: Mr Rogers

Justice Daniel directly quoted and referenced Vattel, citing chapter 19 and page 101....

” Thus Vattel, in the preliminary chapter to his Treatise on the Law of Nations, says: “.......”

“By this same writer it is also said: “The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority; they equally participate in its advantages.

“The natives, or natural-born citizens, are those born in the country, of parents who are citizens.”

As society cannot perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their parents, and succeed to all their rights.”

Again: “I say, to be of the country, it is necessary to be born of a person who is a citizen; for if he be born there of a foreigner, it will be only the place of his birth, and not his country.

“The inhabitants, as distinguished from citizens, are foreigners who are permitted to settle and stay in the country.” (Vattel, Book 1, cap. 19, p. 101.)”

add Chief Justice Marshall, Chief Justice Fuller and Chief Justice Waite.


107 posted on 09/17/2011 1:48:25 PM PDT by bushpilot1
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To: Mr Rogers

You must be a lawyer. I have found over the years that lawyers are nearly incapable of understanding the simple jurisdictional issues, and because of that the Constitution often baffles them. Lawyers are trained to make money using the law. Taking on a corrupt legal system doesn’t generally create cash flow, therefore they simply go with the flow. To the instant case however... Your comprehension skills are not strengthened when you cut and paste from lib blogs. To the contrary, you lose a simple and easy to understand concept in a morass of legalese. Native-born has NOTHING to do with citizenship. Natives can be citizens, or they can be denied citizenship because of parentage or tribal affiliation or because they are slaves etc. and so on. Citizenship historically had NOTHING to do with DIRT. This is a NEW concept. The Constitution is OLD. You are a TOOL. Goodbye.


116 posted on 09/17/2011 3:05:24 PM PDT by HMS Surprise (Chris Christie can go to hell.)
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