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07-05-2009, 11:47 PM #1
Mario Apuzzo seeks help in ad campaign on natural born citiz
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07-06-2009, 12:44 AM #2
Doesn't that "Vattel's Law of Nations" contradict the principle of US constitutional sovereignty that has become a point of debate over the Sotomayor nomination? (Sotomayor says we should look to other nation's laws, instead of strictly interpreting the Constitution.) So why would we bring in examples from what other countries use to determine "natural-born citizen?' Unless there was a definition in standard English usage at the time.
"Men of low degree are vanity, Men of high degree are a lie. " David
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07-06-2009, 04:15 AM #3
Natural born citizen at the time of the US Constitution meant a child born on US soil to 2 US citizens who were either natural born or naturalized. You can tell what it means by the 1790 Naturalization Act.
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07-14-2009, 06:58 PM #4
The definition of "natural born Citizen" comes from the law of nations which were codified by Vattel. This is the law that the Founders used at the time the new Constitutional Republic was formed. The law of nations became the law of the United States. The law of nations defined a natural born citizen as one born in the country to parents (plural) who are citizens. The Founders relied heavily upon Vattel in forming the new nation and in drafting the Constitution. Vattel has also been cited by numerous U.S. Supreme Court decisions.
The current issue about whether our courts should use international law in our legal decision has nothing to do with the question of what did the Founders mean when they wrote in Article II "natural born Citizen." Regardless of how we answer the question of whether we should use international law in our legal decisions today, we cannot change history and deny what law the Founders relied upon when they wrote the "natural born Citizen" clause in Article II.
Additionally, Obama supporters argue that the definition of what a "natural born Citizen" is may be found in English common law. Is not that law also foreign law?
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07-14-2009, 09:19 PM #5
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Welcome, puzo1!
Just wish we could channel the founders, explain the situation and ask for advice!
Seriously, though, while our laws may have been based on legal precedent from other countries, they applied to our unique situation and our situation is getting much more unique than the founding fathers could have imagined.
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07-15-2009, 12:53 AM #6
Durbin pushes voting rights for illegal aliens without public...
04-25-2024, 09:10 PM in Non-Citizen & illegal migrant voters