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To: Political Junkie Too
See this post for one of many references to Paine's writings in The Rights Of Man where he lays out that the intent of Article II NBC was to require a citizen child of citizen parents to be president.

The fact that you refer to "knowledgeable opinion" to the contrary only reinforces that this is lost history. But lost or not, it is what the Framers intended if Paine is to be believed.

Well it isn't "lost"--but it isn't "law" either.

I don't have my book of the history of the convention handy but as I recall, Paine wasn't even a delegate.

However there are other writings from people who were delegates to the contrary; further, there is an argument that whatever some delegates or observer's thought it meant, particularly with others who thought something else, what it means now is what we say it meant in that context.

The Supreme Court doesn't look much at legislative history on Constitutional interpretations unless the history supports the decision to which the Court has agreed. (Except in Tax Cases.)

Further, you are engaging in a misrepresentation of what Paine actually said. All he said was "native" and yes the arguments about half native and whatnot might or might not mean something but Paine was neither a delegate nor a lawyer and the technical point at issue on meaning of the natural born clause is the ability of a foreign sovereign to exercise authority over the head of state of the United States.

Native was in fact the issue the real delegates viewed as controlling alright--but they viewed it in the legal sense--someone who was born in the territory of the several states so as never to have been subject to the sovereignty of a foreign head of state.

63 posted on 06/23/2012 12:59:17 PM PDT by David
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To: David
Well it isn't "lost"--but it isn't "law" either... but as I recall, Paine wasn't even a delegate.

True, Paine was not a delegate. But as I pointed out, Thomas Jefferson wasn't a delegate either, but his letter in 1802 to the Danbury Baptist Association has become the justification for the "wall of separation between church and state." Also not "law," but Jefferson's letter is apparently treated as such.

However there are other writings from people who were delegates to the contrary;

I'd like to see those. Can you point me to some?

Further, you are engaging in a misrepresentation of what Paine actually said. All he said was "native" and yes the arguments about half native and whatnot might or might not mean something...

I think you are engaging in the misrepresentation, becuase you say that " All he said was 'native'..." which is not true. Paine went on to refer to "foreigner" and "half a foreigner," and contrasted that with the words "full natural or political connection with the country." Paine goes on to say that "The presidency in America (or, as it is sometimes called, the executive) is the only office from which a foreigner is excluded..." He clearly intended this to mean the full or partial foreigner that he had just finished describing.

Native was in fact the issue the real delegates viewed as controlling alright...

Read further down in the linked thread to see other posters' documentation on what the word "native" meant at the time.

-PJ

69 posted on 06/23/2012 2:10:48 PM PDT by Political Junkie Too (If you can vote for President, then your children can run for President.)
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