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Originally posted by timetothink
and just because Obama, his handlers and his followers got away with this doesn't make it right.
.they did not want anyone who could be claimed by another country as president.....logic...go figure.
That is, one who is a citizen of the United States “at birth” by descent under federal law could develop the requisite allegiances and reverences for the United States passed down, inculcated, and taught by one’s parent-citizens, and would have a lifetime of allegiance to the United States at least as strong, in a theoretical sense, as one of a “native born” citizen.40 Native born citizens, that is, those born “in” the country, who are subject to its jurisdiction, regardless of the nationality or citizenship of their parents,
6 Regardless of the technical state of the common law in England with respect to children born abroad, however, there appear to be significant arguments that the corpus of English law applicable within the American colonies, known to the framers and adopted in the states, was broader than merely the “law of the soil.” Legal commentators have contended that the body of English law carried forward in the United States relating to citizenship included both the strict common law notion of jus soli, as well as that part of the law of descent (jus sanguinis) included in long-standing British law7 (including as “natural born” subjects those born abroad of an English father), and that this was part of the “common understanding” of the term “natural born” to the framers at the time of the drafting of the Constitution.8
Amar also agrees that the framers’ aversion to hereditary monarchies appeared to play an additional role in erecting a barrier to immigrants being President within the Constitution—a document that was otherwise, for its time, enlightened as permitting immigrants to weave their way into the fabric of American political and social life:
Originally posted by timetothink
www.fas.org...
In addition to historical and textual analysis, numerous holdings and references in federal (and state) cases for more than a century have clearly indicated that those born in the United States and subject to its jurisdiction (i.e., not born to foreign diplomats or occupying military forces), even to alien parents, are citizens “at birth” or “by birth,” and are “natural born,” as opposed to “naturalized,” U.S. citizens. There is no provision in the Constitution and no controlling American case law to support a contention that the citizenship of one’s parents governs the eligibility of a native born U.S. citizen to be President.
Originally posted by timetothink
I never said he was natural born...
Originally posted by captainnotsoobvious
but it's just you pretending; it's not rational.
Jay’s proposal recommended clause added the additional adjective before “born Citizen” that was proposed by Hamilton. And that word and adjective “natural” means something special from the laws of nature that modifies just being born a Citizen of the USA such as being simply born on the soil of the United States. Natural means from nature by the facts of nature of one’s birth. Not created retroactively after the fact by a man-made law. A natural born Citizen needs no man-made law to bestow Citizenship on them. The added adjective “natural” comes from Natural Law which is recognized the world over as universal law and which is the foundation of the Law of Nations which was codified by Vattel in 1758 in his preeminent legal treatise used by the founders, The Law of Nations or Principles of Natural Law. In Vol.1 Chapter 19 of Vattel’s Law of Nations, the “Des citoyens et naturels“, Vattel in Section 212 explains to us (the French term “naturels” was translated to English in 1781 in the Journal of the Continental Congress and in the 1797 English edition of Vattel), to tell us that the “natural born Citizens” are those born in the country to parents (plural) who are Citizens of the country when their child is born. These are the natural Citizens of the nation per universal principles of natural law for which no man-made law is necessary to explain or justify. Such a person, a natural born Citizen, is born with unity of Citizenship and sole allegiance at birth due to having been both born on the soil AND being born to two Citizen parents.
Originally posted by captainnotsoobvious
Here's a link which through debunked the WND-pushed Vattel argument:
..
RATHER, the Founders were using the long established and widely used tradition of Jus Soli, already law in the States at the time of the Constitution.
Never would they imagine that people would question the citizenship of a citizen born on US soil, based on a modern translation of a French book, which contradicted the law of the States and the English Common Law concept of Jus Soli.
Originally posted by Jameela
Obama will set precedent, that someone born in the United States can hold dual citizenship
Originally posted by timetothink
Your proof?