Tuesday, January 29, 2013

NATURAL BORN CITIZENS

What our Framers Knew:  The Cconstitution, Vattel, and "Natural Born Citizen"
http://freedomoutpost.com/2013/01/what-our-framers-knew-the-constitution-vattel-and-natural-born-citizen/
Freedom Outpost - Publius Huldah - 1/29/2013

Very long article discussing original documents on the term "Natural Born Citizen.".  There are dozens of reference articles.


§ 212: Natural-born citizens are those born in the country of parents who are citizens – it is necessary that they be born of a father who is a citizen. If a person is born there of a foreigner, it will be only the place of his birth, and not his country.

Do you see? The republican concept of “natural born citizenship” is radically different from the feudal notion of “natural born subjectship.” Under feudalism, merely being born in the domains of the King made one – by birth – a “natural born subject”. But in Vattel’s Model and Our Constitutional Republic, Citizens are “natural born” only if they are born of Citizens.

Ramsay’s Dissertation sets forth the understanding of the Time, formally stated by Vattel and incorporated by our Framers, that a “natural born Citizen” is one who is born of citizens. And we had no “citizens” until July 4, 1776.


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2 comments:

  1. Actually, the meaning of Natural Born Citizen does not come from Vattel, whose phrase Natural Born Citizen did not appear in any translation of Vattel until ten years after the US Constitution was written (he said that something called an "indigines" required two citizen parents, and the idea that most of the members of the Constitutional Convention translated the "indigines" into Natural Born Citizen without telling anyone that they did is pretty silly). Moreover, Vattel is not even mentioned once in the Federalist Papers, while the common law is mentioned about twenty times.

    And that shows that the meaning of Natural Born Citizen does not come from Vattel, but instead it comes from the common law, where it refers to citizenship due to the place of birth, and NOT to the parents of a US-born citizen.


    “Under the longstanding English common-law principle of jus soli, persons born within the territory of the sovereign (other than children of enemy aliens or foreign diplomats) are citizens from birth. Thus, those persons born within the United States are “natural born citizens” and eligible to be President. Much less certain, however, is whether children born abroad of United States citizens are “natural born citizens” eligible to serve as President …”—- Edwin Meese, et al, THE HERITAGE GUIDE TO THE CONSTITUTION (2005) [Edwin Meese was Ronald Reagan’s attorney general, and the Heritage Foundation is a well-known Conservative organization.]


    “Natural born citizen. Persons who are born within the jurisdiction of a national government, i.e. in its territorial limits, or those born of citizens temporarily residing abroad.” — Black’s Law Dictionary, Sixth Edition


    “What is a natural born citizen? Clearly, someone born within the United States or one of its territories is a natural born citizen.” (Senate Judiciary Committee hearing on OCTOBER 5, 2004)–Senator Orrin G. Hatch (R-UT).

    And this:

    http://www.fredthompsonsamerica.com/2012/07/31/is-rubio-eligible/

    And this:

    http://www.economist.com/blogs/democracyinamerica/2012/02/birtherism-2012

    And these:

    http://tesibria.typepad.com/whats_your_evidence/scotus-natural-born-citizen-a-compendium.html

    http://tesibria.typepad.com/whats_your_evidence/the-natural-born-citizenship-clause-updated.html

    http://www.obamaconspiracy.org/bookmarks/fact-checking-and-debunking/the-debunkers-guide-to-obama-conspiracy-theories/#nbc

    http://www.obamaconspiracy.org/2009/01/natural-born-citizenship-for-dummies/

    http://www.obamabirthbook.com/http:/www.obamabirthbook.com/2012/02/an-open-letter-to-mario-apuzzo/

    http://ohforgoodnesssake.com/?p=21346

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    Replies
    1. In the history of the United States 44 men have been president. Of these, 34 were born after
      1787 and subject to the “natural-born Citizen” requirement. With two exceptions, these 34 presidents
      were born in the U.S. of parents who were both U.S. citizens. The exceptions were Barack H. Obama and
      Chester A. Arthur. President Obama’s situation is well known. President Arthur’s situation is less so.

      Attorney Leo Donofrio researched the matter and discovered that President Arthur was not a natural-born citizen and hid that fact from the nation. Arthur was born in Vermont in 1829. His mother, Malvina Stone, was also born in Vermont. His father, William Arthur, an anti-slavery Baptist clergyman, was born in Ireland in 1796, immigrated to Canada about 1819 and finally the United States about 1821. He became a naturalized U.S. citizen in 1843, 14 years after the birth of Chester Arthur. This made President Arthur both a U.S. and British citizen at birth.

      In 1880, while running for Vice-President with President James A. Garfield, Arthur P. Hinman made a charge that Chester Arthur was ineligible to be Vice-President because in was born in Ireland or Canada. The charge was discredited but Hinman went on to write a book called, “How a British Subject Became President of the United States” Arthur was not a natural-born citizen, but not for the reason claimed by Hinman. He was ineligible because his father was a British Subject at the time of his birth. Arthur, a lawyer, repeatedly gave false and misleading statements to the Brooklyn Eagle newspaper concerning his father’s heritage, immigration status and age. Later, Arthur burned most of his family documents. He even lied about his own age. He claimed to have been born in 1830, the date recorded on his gravestone. His attempts to conceal his father’s history suggest he was aware of his ineligibility, per Article 2, Section 1 and the Law of Nations, to be President or Vice-Presid.

      Justice Horace Gray, who wrote the Wong Kim Ark decision, was appointed by President Arthur.

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