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

To: centurion316

The notion that a law passed by Congress can determine the intent of the Framers in choosing language for the body of the Constitution is not, I believe, sustained by any binding authority. Can you cite any? Examining the intent of the Framers is not a “bunny trail.” If it is why do so many, many opinions by SCOTUS, as well as all the other courts in the nation do just that?


150 posted on 03/13/2016 11:40:07 AM PDT by AmericanVictory (Should we be more like them or they more like we used to be?)
[ Post Reply | Private Reply | To 149 | View Replies ]


To: AmericanVictory
The notion that a law passed by Congress can determine the intent of the Framers in choosing language for the body of the Constitution is not, I believe, sustained by any binding authority.

Did you read my comment about Article I, Section 8 U.S. Constitution. This is an enumerated power of the Congress and has never been challenged by the courts, much left ever found to outside the role of Congress

Of course, you are really talking about the definition of the Natural Born Citizen clause included in the qualifications of the President. I'm sure you know that the founders did not supply a definition. They relied on English Common Law and then granted the power to Congress to rule on naturalization. They did so in 1790, including rules on natural born citizens.

Since Marbury v. Madison, The Supreme Court has interpreted the language of the Constitution, and the Congress since its first session have passed laws to implement instructions of the Constitution. The ship has sailed on the basis of your outrage.

The birthers, of course, have collected an impressive inventory of SCOTUS decisions that, in their minds, prove their case. Most of them don't hold up under scruinity. One of my favorites in Minor v. Happersett which was a case about women's suffrage, so the decision had nothing to do with Presidential eligibility, but since the rationale section of the opinion included discussion of natural born citizen, it became a keystone of the birther argument in 2008 and again this year. Unfortunately for them, that case is useless for their purpose.

The Supreme Court has never considered the specific issue of Presidential Eligibility, although they have tackled a number of issues over foreign born citizens in various circumstances. They have taken positions on the facts, the law, and the Constitution; but they have never found that the Congress did not have the power that exercised, and have never found that the Department of State has no authority to administer these laws.

The only route that is likely to satisfy your issue is for the Supreme Court to consider the Constitutionality of USC 8, Section 1401 and decide that the Congress has no power to define citizenship by birth. I don't think that will ever happen.

153 posted on 03/13/2016 12:30:21 PM PDT by centurion316
[ Post Reply | Private Reply | To 150 | 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