“He is NOT NATURAL BORN CITIZEN unless he is a child of parentS that were under the jurisdiction of the USA when he was born”
The Constitution doesn’t say that.
And James Madison, who knew a thing about the Constitution, said essentially the opposite: It is an established maxim, that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place, and sometimes from parentage; but, in general place is the most certain criterion; it is what applies in the United States.
RE: James Madison, who knew a thing about the Constitution, said essentially the opposite: It is an established maxim, that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place, and sometimes from parentage; but, in general place is the most certain criterion; it is what applies in the United States.
_______________________________
This is interesting. Could you refer us to what historical document the above quote exists? Is it in the Federalist Papers?
If the above quote is REAL ( and not made up as in Tocqueville’s so-called “America is great because America is good” essay ), then that would be an insight into the framer’s original intent.
NEVER MIND, I found it myself here (the author of the article I cite is Bernard Goldberg, generally known to be quite careful in his own citations ):
TITLE OF THE ARTICLE: Who Is A Natural Born Citizen?
EXCERPT:
http://www.bernardgoldberg.com/who-is-a-natural-born-citizen/
So what did the Founders have in mind when they used that term they didnt bother to define? Well, after the Constitution was ratified, some of the Founders opined about the meaning of the clause. Heres what James Madison, one of the authors of the Constitution, had to say on the subject in a speech before the House of Representatives in May 1789:
It is an established maxim, that birth is a criterion of allegiance. Birth, however, derives its force sometimes from place, and sometimes from parentage; but, in general place is the most certain criterion; it is what applies in the United States.
So Mr. Madison, speaking directly to the question of who is and who is not a natural born citizen states that here in the United States place or where you were born trumps parentage the citizenship of your mother and father.
______________________
I note however, that Madison DOES NOT IGNORE parentage, even as he considers place to be more important (if the above speech is an indication ). The words “in general” tells us this.