Posted on 10/13/2010 6:22:14 PM PDT by Retired Intelligence Officer
>>You’re new around here, aren’t you...<<
My friend “Howudoing” is now a Freeper. Please welcome her!
http://www.freerepublic.com/focus/f-chat/2588552/posts
My apologies. In a hasty move to scold a newbie intent on disrupting (been quite a few of those lately), I made three errors - one, I misread your start date. two, I failed to check your posting history. three, I misinterpreted your post.
Other than that, I meant no harm.
All Americans should be entitled to it...
So is the Boston cop he insulted.
No big deal. Just annoying when I get accused of being a newbie trying be disruptive. I like it here and would never try to be disruptive.
We should have listened to Alice Kamokila Campbell
when she warned against making Hawaii the 50th state.
Jude you don't sound like a typical troll, but your dismissal of the citations such as Morrison Waite's, which I quoted, make it more likely. If you know about the 1790 Naturalization Act you should know about the 1795 act which nullified the only statute ever passed which attempted to amend the Constitutional common law definition of natural born citizenship. Besides, the 1790 Act was patently unconstitutional, attempting to modify Article II as it does.
You might claim that if it isn't defined in the Constitution, it isn't constitutional. But someone might then explain that very few terms are “defined” in the Constitution. The Constitution was intended to be written in the language of literate citizens, our common language, so that its ideas were not dependent upon a class of mandarins who might be tempted to modify the ideas. Is “felony” defined? Mandamus? Most legal terms are defined external to the core document.
I quoted one of close to twenty (I haven't counted in a while)citations by justices of the supreme court and the principal author of the 14th Amendment. In 2000 during Supreme Court Hearings there is a conversation in which Justice Ginsberg is disappointed to hear that her grandchildren born in France to her natural born child and in-law are not natural born citizens and not eligible to be (I didn't say run for) president.
While I too, having spent some years in the Army, am sympathetic to amending Article II, as the 2008 bill, SB.2678, Feb 2008, sponsored by Clair McCaskill and Barack Obama, proposing “...to make the foreign born children of citizens in the military eligible to be president” pretended to do, I suspect it will be very difficult to amend. There have been at least twenty six attempts to date. And if you are not a troll, you might ask why McCaskill and Obama would sponsor a bill which, according to you, is entirely irrelevant?
As to foreign ideas, where do you think the U.S. came from? Until 1776 we were English subjects. An argument can be made that our framers adopted what some referred to as “Continental Law,” legal principles derived from Roman law. Since we were replacing the laws built to sustain the British monarchy, turning to the body of international law recently compiled by Swiss legal philosopher in his compendium of the Law of Nations, a work studied before our revolution by most of our founders, there is a clear trail for our legal origins. Vattel’s Law of Nations was the core curriculum around which our first law school was built at William and Mary in 1779, created and structured by Thomas Jefferson.
It is intentionally difficult to amend the Constitution, which is probably why the left decided it would be easier to attack it by ignoring it, and, as Roosevelt did, by packing the court as it can, with justices who don't respect it; both of Obama’s appointments to the court, and Obama himself have been surprisingly honest about their disdain for the Constitution - for what it prevents them from doing.
It requires nothing beyond birth by blood of citizen parents.
Oh, and born in the USA!
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