Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Cold Heat

“I don’t have any argument over what a natural born citizen is, I think it’s obvious that it is based on Jus Solei and that is quite clear.”

Such a theory is falsified by the historical events after 1776 and before 1790 and the next period after 1802 to 1855. Upon their joint Declaration of Independence, each of the former Colonies and now States began the task of revising their former colonial statues to remove the objectionable feudal English and British laws and replace them with the past and future American common law, Law of Nations, and statutory laws based upon principles to be found in those laws and in Natural Law. Accordingly, each State determined its own immigration and naturalization policies. Some of these new statutes denied State citizenship and therefore U.S. citizenship to any person born in the jurisdiction of the State with a father who was an alien. State citizenship required a White person etc. with two State or U.S. citizen parents, with the pre-Revolutionary colonial citizenship being taken into consideration to establish post 1776 citizenship. This statutory practice of some States relied upon jus sanguini and rejected jus soli. The same can be seen in English history and Anglo-Norman history with jus sanguini and jus soli taking precedence over each other and then applying a mix of the two doctrines, but only through naturalization, or denying all or nearly all forms of naturalization. That is another reason why it takes a journey through history with a scorecard to make sense of how the laws were derived and applied. After doing so it emerges that whichever standard was applied, the ultimate arbiter became the same as it was in prehistoric times with the family and the band foraging as nomads across the landscape, and that was birth into the privileged class as a child of the privileged member by natural affinity a birth resulted in membership in that same privileged class. later determinations by reason of allegiance and/or place of birth were methods used to accomplish the objective of populating the family and band with persons whose loyalty and devotion were dedicated solely to that family and band. this is also why traditionally, those person who were married outside the allegiance and loyalty to the family, band, or clan were deemed to expatriate themselves and make a new allegiance with the foreign family, band, and clan. Birth abroad was the application of this principle, where as a matter of doctrine it was recognized the alien born child possessed a natural born affinity to the foreign place of birth along with an optional natural born affinity by blood to the father’s sovereign; whereas the natural born citizen has a natural born affinity to the place of birth and a natural born affinity by blood to the father’s sovereign. In consequence, a society deems it to be necessary to renounce the alienage resulting from the birth abroad in the foreign place and the foreign allegiance to the foreign sovereign by adopting the father’s sovereign and place in preference to the place of birth as a naturalization of that status to something resembling that of the person natural born in all respects and not just some of those respects.

“Having said that, where is the barrier preventing Congress from establishing a naturalization class that has the same rights as a NBC?”

Yes, there is a barrier inherent in the properties of inalienable and natural rights attaching to a child when born in any given place with any given parentage. With respect to being eligible to the Office of the President and the Office of the Vice President, there is no barrier to changing the natural born citizen clause other than the successful completion of the procedure required for enacting an Amendment to the Constitution. Interestingly, such an amendment could remove the natural born citizen clause to make all U.S. citizens and all U.S. nationals eligible, or the natural born citizen clause could be extended to also exclude all naturalized U.S. citizens and U.S. nationals from additional Federal offices such as the Senate, House of Representatives, Cabinet officers, or more. Given the past abuses of the Constitution and the subversion of the U.S. demographics, an attempt to change the natural born citizen clause could provoke its use to reverse the increasing foreign influence in the U.S. Government.


273 posted on 01/19/2016 3:12:38 PM PST by WhiskeyX
[ Post Reply | Private Reply | To 264 | View Replies ]


To: WhiskeyX
Such a theory is falsified by the historical events after 1776 and before 1790 and the next period after 1802 to 1855.

When I would not say it's falsified, or that I proposed a theory.

I am observing the present.

274 posted on 01/19/2016 3:24:14 PM PST by Cold Heat
[ Post Reply | Private Reply | To 273 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson