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To: machogirl
The fact that Washington borrowed Vattel's book from the library is irrelevant. The question is not how Washington would have interpreted the phrase, it is how a reasonable person in 1789 would have interpreted the phrase. As Justice Scalia wrote in Heller:

In interpreting this text, we are guided by the principle that "[t]he Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning." . . . Normal meaning may of course include an idiomatic meaning, but it excludes secret or technical meanings that would not have been known to ordinary citizens in the founding generation.

I would argue that it is much more likely that "ordinary citizens" would have understood "natural born citizen" as referring to something like the British common law concept of "natural born subject, rather than to the work of a Swiss legal theorist. Have you any evidence suggesting that Vattel's work was "known to ordinary citizens in the founding generation"?

58 posted on 05/06/2011 10:17:45 PM PDT by Conscience of a Conservative
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To: Conscience of a Conservative

Oh, but I think that it’s relevant and a fascinating piece of history.


67 posted on 05/06/2011 10:22:48 PM PDT by machogirl (First they came for my tagline)
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To: Conscience of a Conservative

Chester Arthur excluded. There are doubts about the “everyone” knew theory, there hasn’t been a ONE, since Barry.


69 posted on 05/06/2011 10:24:15 PM PDT by machogirl (First they came for my tagline)
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To: Conscience of a Conservative; machogirl
"Have you any evidence suggesting that Vattel's work was "known to ordinary citizens in the founding generation"?"

Yes. There is evidence that Vattel's work was "celebrated" as "genius" nearly a quarter of a century prior to the penning of the Constitution.

The framers thought it an important enough legal treatise that they openly read and referenced his work during the Constitutional Convention itself.

126 posted on 05/07/2011 12:06:10 AM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: Conscience of a Conservative
b.t.w.

The "father" of the Constitution, and the "father" of the bill of rights...reject any notion that England's common law was the common law of the U.S.

See their writings of October 18, 1787 and June 18, 1788.

Furthermore, had we taken their common law after fighting the Revolutionary War against them, instead of creating our own common law based in large part on the principles found in the laws of nature, Arnold Schwarzenegger would be POTUS eligible.

128 posted on 05/07/2011 12:12:02 AM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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