Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: RegulatorCountry
Being born on a military base doesn’t constitute U.S. soil, either. Unfair as it sounds, children born abroad, even to U.S. citizen parents serving in the military, are not natural born.

Actually they may be. If one is using Vattel's rule in "law of nations" for what a natural born citizen is, one should also use the exception for children born in the armies of the state, which also includes the diplomatic service.

Book II

§ 212. Citizens and natives.

The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens.

§ 217. Children born in the armies of the state.

For the same reasons also, children born out of the country, in the armies of the state, or in the house of its minister at a foreign court, are reputed born in the country; for a citizen who is absent with his family, on the service of the state, but still dependent on it, and subject to its jurisdiction, cannot be considered as having quitted its territory.

So while a military base in a foreign land is not US territory, and a child born of a non-citizen on such a base is not a citizen of the US, children born to parents "in the service of the state" are natural born.

113 posted on 09/29/2009 11:09:23 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 27 | View Replies ]


To: El Gato
El Gato, I am curious as to where you got your version of Vattel's 'Laws of Nations' as the copy I use, the one that Leo Donofrio uses states somethjing quite differrent:

§ 217. Children born in the armies of the state.

For the same reasons also, children born out of the country, in the armies of the state, or in the house of its minister at a foreign court, are reputed born in the country; for a citizen who is absent with his family, on the service of the state, but still dependent on it, and subject to its jurisdiction, cannot be considered as having quitted its territory.

http://www.constitution.org/vattel/vattel_01.htm

147 posted on 09/30/2009 8:35:56 AM PDT by patlin
[ Post Reply | Private Reply | To 113 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson