That is a really good find, good stuff.
Though he uses the world “every” not “only”. He gives the broadest definition but does not state that 2 citizen parents and native birth are required for NBC, only that they are sufficient.
Of course he does. Everyone knows that ONLY human beings can be citizens, but not EVERY human being is natural born.
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He gives the broadest definition but does not state that 2 citizen parents and native birth are required for NBC, only that they are sufficient.
When it comes to the Constitution, and Acts written in accordance with it, there is this concept called the rule of Exclusion. It means that which is not included is therefore excluded.
• § 207. XIII. Another rule of interpretation deserves consideration in regard to the constitution. There are certain maxims, which have found their way, not only into judicial discussions, but into the business of common life, as founded in common sense, and common convenience. Thus, it is often said, that in an instrument a specification of particulars is an exclusion of generals; or the expression of one thing is the exclusion of another. Lord Bacon's remark, "that, as exception strengthens the force of a law in cases not excepted, so enumeration weakens it in cases not enumerated," has been perpetually referred to, as a fine illustration.
Justice Joseph Story on Rules of Constitutional Interpretation
Nothing else is included concerning the definition of natural born in the declaratory part of the Act simply because every other definition is excluded.