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To: DiogenesLamp
You never do like what I post when it disagrees with what you'd like to believe.

As for what Early American legal scholars say, you've only got one on your side of which I know; Rawles. I think you also try to claim St. George Tucker, but I think my side quotes him a lot too.

William Rawle, St George Tucker, James Kent

As for David Ramsey, have you bothered to read his "A Dissertation on Manner of Acquiring the Character and Privileges of a Citizen of the United States? If you are just relying on a few clipped quotes, I urge you to follow the link and actually read it. His dissertation deals with whether those colonists who were deceased at the time of the Declaration of Independence could pass on American citizenship to their (nonresident) children or their minor children. (His conclusion was no - the children must "acquire that privilege in their own right." If you are relying on Ramsay to make your case, you have a very weak reed, since he is dealing with those alive at the time of his writing. Good try.

As for Justice John Marshall, do you mean this statement?

“A naturalized citizen is indeed made a citizen under an act of Congress, but the act does not proceed to give, to regulate, or to prescribe his capacities. He becomes a member of the society, possessing all the rights of a native citizen, and standing, in the view of the constitution, on the footing of a native. The constitution does not authorize Congress to enlarge or abridge those rights. The simple power of the national Legislature, is to prescribe a uniform rule of naturalization, and the exercise of this power exhausts it, so far as respects the individual. The constitution then takes him up, and, among other rights, extends to him the capacity of suing in the Courts of the United States, precisely under the same circumstances under which a native might sue. He is distinguishable in nothing from a native citizen, except so far as the constitution makes the distinction. The law makes none.” [OSBORN V. BANK OF THE UNITED STATES]
So Marshall clearly says a "native" citizen is distinguished only from naturalized by the Constitutional distinction. The only Constitutional distinction I'm aware of is the eligibility to run for president.
653 posted on 10/30/2011 6:07:04 PM PDT by sometime lurker
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To: sometime lurker
Justice Marshall quoted Vattel in the Venus in defining what "native" means, which is to be born of CITIZEN PARENTS:
Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says

"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 indigenes are those born in the country of parents who are citizens.

655 posted on 10/30/2011 8:01:24 PM PDT by edge919
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