With regard to the common law argument, George Mason, one of Virginia’s delegates to the Constitutional Convention, stated: “The common law of England is not the common law of these States.” Great Britain used the common law as its justification for impressing American sailors into their navy in the early 19th Century. We obviously did not agree with this interpretation, as we went to war in 1812 over the issue!
The following is exerpted from the Senate Committee resolution which later passed as SR511. Please note 1) all 6 players, and 2) quoted - as evidenced by the First Congress’s own statute defining the term ‘‘natural born Citizen’
WASHINGTON (Thursday, April 10, 2008) Sens. Patrick Leahy (D-Vt.) and Claire McCaskill (D-Mo.) today introduced a resolution expressing the sense of the U.S. Senate that presidential candidate and current Senator John McCain (R-Ariz.) is a ‘natural born Citizen,’ as specified in the Constitution and eligible to run for President…
“Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen,” said Leahy. “I expect that this will be a unanimous resolution of the Senate.”
“It is silly for anyone to argue that Senator McCain is not eligible to become president,” said McCaskill. “I would hope that this is something we can all agree on, for goodness sakes.”
At a Judiciary Committee hearing on April 3, Leahy asked Homeland Security Secretary Michael Chertoff, himself a former Federal judge, if he had doubts that McCain was eligible to serve as President.
“My assumption and my understanding is that if you are born of American parents, you are naturally a natural-born American citizen,” Chertoff replied.
“That is mine, too,” said Leahy…
IN THE SENATE OF THE UNITED STATES
Mrs. MCCASKILL (for herself and Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB) submitted the following resolution...
Whereas the Constitution of the United States requires that, to be eligible for the Office of the President, a person must be a ‘‘natural born Citizen’’ of the United States;
Whereas the term ‘‘natural born Citizen’’, as that term appears in Article II, Section 1, is not defined in the Constitution of the United States…
Whereas such limitations would be inconsistent with the purpose and intent of the ‘‘natural born Citizen’’ clause of the Constitution of the United States, as evidenced by the First Congress’s own statute defining the term ‘‘natural born Citizen’’…
Today I join Senator Claire McCaskill in introducing a resolution to express the common sense of everyone here that Senator McCain is a “natural born Citizen,” as the term is used in the Constitution of the United States. Our Constitution contains three requirements for a person to be eligible to be President – the person must have reached the age of 35; must have resided in America for 14 years; and must be a ‘‘natural born Citizen’’ of the United States. ..
Numerous legal scholars have looked into the purpose and intent of the “natural born Citizen” requirement... Based on the understanding of the pertinent sources of constitutional meaning, it is widely believed that if someone is born to American citizens anywhere in the world they are natural born citizens…
Because he was born to American citizens, there is no doubt in my mind that Senator McCain is a natural born citizen….
http://leahy.senate.gov/press/200804/041008c.html