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To: little jeremiah
I thought you were agreeing with MamaTexan that place of birth didn’t matter, only parentage.

Technically she's right. If you subscribe to Vattel, he says the place of birth is not important in the very same passage about natural born citizenship.

I say, that, in order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country.

What she quoted from section 215 expounds on this thought.

By the law of nature alone, children follow the condition of their fathers, and enter into all their rights (§ 212); the place of birth produces no change in this particular, and cannot, of itself, furnish any reason for taking from a child what nature has given him ...

In both passages, Vattel de-emphasizes the place of birth. Children "naturally" follow the condition of their fathers. It "is necessary that a person be born of a father who is a citizen." Then he talks about what "nature has given" the child, which is not changed by the place of birth ... in all three instances, Vattel places emphasis on the father's citizenship.

75 posted on 04/25/2011 10:42:20 AM PDT by edge919
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To: edge919

“Then he talks about what “nature has given” the child, which is not changed by the place of birth ... in all three instances, Vattel places emphasis on the father’s citizenship.”

And that is totally contrary to both English common law and American law.

“So far as we are informed, there is no authority, legislative, executive or judicial, in England or America, which maintains or intimates that the statutes (whether considered as declaratory or as merely prospective) conferring citizenship on foreign-born children of citizens have superseded or restricted, in any respect, the established rule of citizenship by birth within the dominion. Even those authorities in this country, which have gone the farthest towards holding such statutes to be but declaratory of the common law have distinctly recognized and emphatically asserted the citizenship of native-born children of foreign parents.”

Yep. WKA was a native born citizen, which is another way of saying natural born citizen.


79 posted on 04/25/2011 10:48:48 AM PDT by Mr Rogers (Poor history is better than good fiction, and anything with lots of horses is better still)
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