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To: philman_36; W. W. SMITH

“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; it will therefore be unnecessary to investigate any other.”

“it is what applies in the United States” Looks like Madison supports jus soli.

You have shown that Madison thought Mr Smith was a citizen because he was born in America. Sounds good to me.

More importantly, it is line with how the courts will rule on Obama. Read WKA and Ankeny if the details are uncertain to you.


58 posted on 02/23/2012 7:56:34 PM PST by Harlan1196
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To: Harlan1196
ROTFLOL! Yeah, your little snippet is part of what Madison had to say.
Here is some more of what he had to say that same day and in the next paragraph! I guess you never read down that far. LOL

@James Madison, House of Representatives 22 May 1789

I think there is a distinction which will invalidate his doctrine in this particular, a distinction between that primary allegiance which we owe to that particular society of which we are members, and the secondary allegiance we owe to the sovereign established by that society. This distinction will be illustrated by the doctrine established by the laws of Great Britain, which were the laws of this country before the revolution. The sovereign cannot make a citizen by any act of his own; he can confer denizenship, but this does not make a man either a citizen or subject. In order to make a citizen or subject, it is established, that allegiance shall first be due to the whole nation; it is necessary that a national act should pass to admit an individual member. In order to become a member of the British empire, where birth has now endowed the person with that privilege, he must be naturalized by an act of parliament.

And just a bit further down...

What was the allegiance as a citizen of South-Carolina, he owed to the King of Great Britain? He owed his allegiance to him as a King of that society to which, as a society he owed his primary allegiance. When that society separated from Great Britain, he was bound by that act and his allegiance transferred to that society, or the sovereign which that society should set up, because it was through his membership of the society of South-Carolina, that he owed allegiance to Great Britain.

Let me know if you need help figuring this part out...

...it is established, that allegiance shall first be due to the whole nation...
63 posted on 02/23/2012 8:06:54 PM PST by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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To: Harlan1196
Is there any law that forbids Obama from running for president of Kenya after his term is up in the US?

After showering Kenya with 8 billion in economic Aid, Why not? 8 billion pissed away to the home country. Just think of all the sweat and hard work some poor American shmuck has sent to Kenya on Obamas behalf. But hey, shouldn't an NBC president send aid to his home country?

66 posted on 02/23/2012 8:14:39 PM PST by PA-RIVER
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To: Harlan1196

Ankeny is junk and the fool who wrote it will be subject to judicial review. The legal blogs don’t discuss it because it is junk and will be thrown out.


80 posted on 02/23/2012 9:29:22 PM PST by W. W. SMITH (Obama is Romney lite)
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