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To: MamaTexan
This is EXACTLY what Blackstone's work said as our country was forming-

OF THE PEOPLE, WHETHER ALIENS, DENIZENS, OR NATIVES The first and most obvious division of the people is into aliens and natural-born subjects.1 Natural-born subjects are such as are born within the dominions of the crown of England; that is, within the ligeance, or, as it is generally called, the allegiance, of the king; and aliens, such as are born out of it. Chapter X , William Blackstone, Commentaries on the Laws of England

And as it should happen, this is exactly what the Book of English Law which Sat on John Adam's book shelf said as well.( Matthew Bacon, A New Abridgement of the Law, Vol 1, 1736)." )

But it would appear that people of Cpn Kook's ilk have a considerable difficulty with nuance.

376 posted on 02/05/2015 7:07:29 AM PST by DiogenesLamp
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To: DiogenesLamp
And as it should happen, this is exactly what the Book of English Law which Sat on John Adam's book shelf said as well.

Nice find! The problem is so many people don't want to be bothered looking at the actual words or the works themselves. The 'Blackstone said you just have to be born in England' meme is a perfect example.

Not only does he mention the often-ignored tie of Allegiance, he spend a great deal of time after that discussing it.

Local allegiance is such as is due from an alien, or stranger born, for so long time as he continues within the king’s dominion and protection: and it ceases the instant such stranger transfers himself from this kingdom to another. Natural allegiance is therefore perpetual, and local temporary only;
Blackstone's Commentaries, Chapter X
http://oll.libertyfund.org/titles/2140

The only way Allegiance CAN be perpetual is by being passed down from parents to their child(ren).

---

Keep fighting the good fight...and pardon my bad manners for not saying "Howdy!" earlier. :-)

377 posted on 02/05/2015 8:10:06 AM PST by MamaTexan (I am a Person as created by the Laws of Nature, not a person as created by the laws of Man)
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To: DiogenesLamp
This is EXACTLY what Blackstone's work said as our country was forming-

And farther down in that same Chapter 10, he writes:

The children of aliens, born here in England, are generally speaking, natural-born subjects, and entitled to all the privileges of such."

Again, this is from the author who was the 2nd most cited political writer and theorist among the Founders' generation in the period 1760 to 1805. I rather doubt this passage was in any way out of view during this period. Tucker, as I've shown, cites this sentence and terms U.S. laws "accordant."

And as it should happen, this is exactly what the Book of English Law which Sat on John Adam's book shelf said as well.( Matthew Bacon, A New Abridgement of the Law, Vol 1, 1736)." )

Proving again, there is not a source you can't manage to misread.

"All those are natural-born Subjects whose Parents, at the Time of their Birth, were under the actual Obedience of our King, and whose Place of Birth was within his Dominion."

Last night you hauled out a portion of Story's opinion saying exactly the same: "To constitute a citizen, the party must be born not only within the territory, but within the ligeance of the government." Of this you were gleeful, thinking the illustrious Justice Story was saying something to support your position.

No, he wasn't. He was summarizing Calvin's Case. He even says that: "This is clear from the whole reasoning in Calvin's Case." But you, being the idiot you are, can't see this.

Now, the ink is barely dry on my rejoinder to your gaffe there when you turn around, haul out another writer saying the same thing, and again try to brandish this as some great strike against the Terrible CpnHook.

But it's not. It's you making the same stupid mistake twice in the span of less than a day. I mean, seriously, this is ineptitude on a truly grand scale.

If we but move forward about 130 years from Bacon, we'll see that "born within His Dominions and under the actual obedience of the King" is going to become "born. . .in the U.S., and subject to the jurisdiction thereof." And, as shown in the debate on the companion Civil Rights Act citizenship clause, it was understood that these were declaratory of existing law, the "great case of Lynch v. Clarke" and English law being cited as examples of current law.

389 posted on 02/05/2015 11:42:31 AM PST by CpnHook
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