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To: justlittleoleme

St. George Tucker, an early federal judge, wrote in his 1803 edition of William Blackstone’s Commentaries on the Laws of England, perhaps the leading authority for the delegates to the Constitutional Convention for the terms used in the Constitution, that the natural born citizen clause is “a happy means of security against foreign influence” and that “[t]he admission of foreigners into our councils, consequently, cannot be too much guarded against.”[33] In a footnote, Tucker wrote that naturalized citizens have the same rights as the natural-born except “they are forever incapable of being chosen to the office of president of the United States.”[34]

John Bingham, an American lawyer and politician, held to the belief that natural born should be interpreted as born in the United States. In 1862, in the House of Representatives he stated:

The Constitution leaves no room for doubt upon this subject. The words ‘natural born citizen of the United States’ appear in it, and the other provision appears in it that, “Congress shall have power to pass a uniform system of naturalization.” To naturalize a person is to admit him to citizenship. Who are natural born citizens but those born within the Republic? Those born within the Republic, whether black or white, are citizens by birth—natural born citizens.[39]

He reiterated his statement in 1866:

Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural-born citizen; but, sir, I may be allowed to say further that I deny that the Congress of the United States ever had the power, or color of power to say that any man born within the jurisdiction of the United States, not owing a foreign allegiance, is not and shall not be a citizen of the United States. Citizenship is his birthright and neither the Congress nor the States can justly or lawfully take it from him.[40]


124 posted on 02/12/2016 12:07:42 PM PST by Maelstrom (To prevent misinterpretation or abuse of the Constitution:The Bill of Rights limits government power)
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To: Maelstrom
John Bingham, an American lawyer and politician, held to the belief that natural born should be interpreted as born in the United States. In 1862, in the House of Representatives he stated:

The Constitution leaves no room for doubt upon this subject. The words 'natural born citizen of the United States' appear in it, and the other provision appears in it that, "Congress shall have power to pass a uniform system of naturalization." To naturalize a person is to admit him to citizenship. Who are natural born citizens but those born within the Republic? Those born within the Republic, whether black or white, are citizens by birth "natural born citizens."[39]

He reiterated his statement in 1866:

This is annoying. It's like you can't ever get the facts out to a degree sufficient to stop misleading information.

A lot of people in history find it easier to just say "born here" than to explain further, "of parents owing allegiance to no other sovereignty."

"Born Here" is an inaccurate "short hand" term for what people generally mean. Nobody wants to go into more detailed explanations that they mean "except for the children of diplomats", or "only children born to parents owing allegiance to no other sovereignty."

It's just less work to say "born here" and expect everyone else knows what you mean about the more specific details.

Well we have reached a time where people don't grasp the fact that there were always other qualifiers, and unless someone explains the details more explicitly, people think that "born here" is the sole requirement.

What started out as laziness in explaining what they mean has now become a defacto change in the meaning. But that's enough from me. Here is what John Bingham clarified his position to be several times.

Bingham in 1862.

(1862) All other persons born withing the Republic, of parents owing allegiance to no other sovereignty, are natural born citizens.

Bingham in 1866.

Every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen.

Bingham in 1872.

That Dr. Houard is a natural-born citizen of the United States there is not room for the shadow of a doubt. He was born of naturalized parents within the jurisdiction of the United States, and by the express words of the Constitution, as amended to-day, he is declared to all the world to be a citizen of the United States by birth.

205 posted on 02/12/2016 1:09:11 PM PST by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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