Posted on 01/16/2013 4:27:17 AM PST by servo1969
Oh, dear. You haven’t actually ever read Vattel, have you? Your link is to a NBC activist selectively citing one section.
Perhaps if you actually read Vattel, you’d realize that he draws three classes of people, citizens, temporary inhabitants, and permanent inhabitants, who he calls a lesser type of citizen. This would set the alarm bells off that Vattel is alien to our notion of citizenry.
You see, when we grant citizenship, we call that “naturalization.” This is in contrast to someone who is “natural-born.” Which category is the person who is born of immigrants? If he is not natural-born, he must be naturalized; but when does that happen? See, Vattel has no concept of “naturalized.” To him, a permanent resident is always, literally, a second-class citizen. He may never become a “naturel.” Hence, why I wrote that under Vattel, children of immigrants are never incorporated into society (and why the confederates loved him).
See, in Vattel’s France, a non-citizen inhabitant was not typical of what an immigrants is to America. They were passers-through, such as Gypsies, or diplomats, or migrant laborers (like Freemasons), or religious order members; they were aliens, not immigrants. Hence, it would be frivolous to say this Gypsi tribesmen is French, while his parents are Austrians, and his brother, Swiss.
In his (David Ramsay) 1789 essay, while not using the phrase “natural born Citizen,” Ramsay described the original citizens that existed during the Founding and what it meant to acquire citizenship by birthright after the Founding. The Constitution itself shows that the Framers called the original citizens “Citizens of the United States” and those that followed them “natural born Citizens.” He said concerning the children born after the declaration of independence, “[c]itizenship is the inheritance of the children of those who have taken part in the late revolution; but this is confined exclusively to the children of those who were themselves citizens….” Id. at 6. He added that “citizenship by inheritance belongs to none but the children of those Americans, who, having survived the declaration of independence, acquired that adventitious character in their own right, and transmitted it to their offspring….” Id. at 7. He continued that citizenship “as a natural right, belongs to none but those who have been born of citizens since the 4th of July, 1776….” Id. at 6. Ramsay did not use the clause “natural born Citizen.” Rather, he referred to citizenship as a birthright which he said was a natural right. But there is little doubt that how he defined birthright citizenship meant the same as "natural born Citizen," "native," and "indigenous," all terms that were then used interchangeably.
The Congress shall have Power…To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations
Yes, Law of Nations is CAPITALIZED, meaning our framers were citing a proper name. There was only one Law of Nations in 1787 officially declared. And yes, Congress has the power to create and enforce ANY LAW mentioned in the Law of Nations written by Emmerich de Vattel.
OMG, that’s ridiculous! What books were “Power,” “Piracies and Felonies,” “Seas” and “Offenses” referring to? Vattel’s book was called “Le Droit des Gens,” which, translated, would be, “The Right of People.”* It was re-titled, “Law of Nations” precisely because such concept was already well understood in the Anglosphere due to the work of different authors.
(”Les Gens” is “the people,” whereas “Les Peuples” refers to “the peoples.” “Loi” is “law,” as opposed to “droit,” which refers to “rights.” “The Right of Nations” would be a poor translation, however, since it would be confused as referring to the rights of government, which is the precise opposite intention of the Founders. But Vattel did not refer to the “Law of Peoples” because the Founders’ concept of Natural Law was alien to Vattel’s francophone audience. France’s judicial system was based on Ancient Rome’s, and neither the medieval church’s, or the Britain’s natural law.)
The Law of Nations or the Principles of Natural Law (1758)
The Biggest Cover-up in American History
Supreme Court cases that cite “natural born Citizen” as one born on U.S. soil to citizen parents:
The Venus, 12 U.S. 8 Cranch 253 253 (1814)
Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says: “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 indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.
Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830)
Ann Scott was born in South Carolina before the American revolution, and her father adhered to the American cause and remained and was at his death a citizen of South Carolina. There is no dispute that his daughter Ann, at the time of the Revolution and afterwards, remained in South Carolina until December, 1782. Whether she was of age during this time does not appear. If she was, then her birth and residence might be deemed to constitute her by election a citizen of South Carolina. If she was not of age, then she might well be deemed under the circumstances of this case to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country. Her citizenship, then, being prima facie established, and indeed this is admitted in the pleadings, has it ever been lost, or was it lost before the death of her father, so that the estate in question was, upon the descent cast, incapable of vesting in her? Upon the facts stated, it appears to us that it was not lost and that she was capable of taking it at the time of the descent cast.
Dred Scott v. Sandford, 60 U.S. 393 (1857)
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. As society cannot perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their parents, and succeed to all their rights.' Again: 'I say, to be of the country, it is necessary to be born of a person who is a citizen; for if he be born there of a foreigner, it will be only the place of his birth, and not his country. . . .
Minor v. Happersett , 88 U.S. 162 (1875)
The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.
United States v. Wong Kim Ark, 169 U.S. 649 (1898)
At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children, born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.
Perkins v. Elg, 307 U.S. 325 (1939),
Was a decision by the Supreme Court of the United States that a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child's natural born citizenship is not lost if the child is taken to and raised in the country of the parents' origin, provided that upon attaining the age of majority, the child elects to retain U.S. citizenship "and to return to the United States to assume its duties." Not only did the court rule that she did not lose her native born Citizenship but it upheld the lower courts decision that she is a "natural born Citizen of the United States" because she was born in the USA to two naturalized U.S. Citizens.
But the Secretary of State, according to the allegation of the bill of complaint, had refused to issue a passport to Miss Elg 'solely on the ground that she had lost her native born American citizenship.' The court below, properly recognizing the existence of an actual controversy with the defendants [307 U.S. 325, 350] (Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 , 57 S.Ct. 461, 108 A.L.R. 1000), declared Miss Elg 'to be a natural born citizen of the United States' (99 F.2d 414) and we think that the decree should include the Secretary of State as well as the other defendants. The decree in that sense would in no way interfere with the exercise of the Secretary's discretion with respect to the issue of a passport but would simply preclude the denial of a passport on the sole ground that Miss Elg had lost her American citizenship."
The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.
Yeah, sure. Just repeat yourself after I invalidated every citation you had. That’s rational. (/sarc)
Show me ONE Supreme Court opinion that agrees with your defense of the Usurper.
You can't.
The Law of Nations or the Principles of Natural Law (1758)
The Biggest Cover-up in American History
Supreme Court cases that cite “natural born Citizen” as one born on U.S. soil to citizen parents:
The Venus, 12 U.S. 8 Cranch 253 253 (1814)
Vattel, who, though not very full to this point, is more explicit and more satisfactory on it than any other whose work has fallen into my hands, says: “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 indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights.
Shanks v. Dupont, 28 U.S. 3 Pet. 242 242 (1830)
Ann Scott was born in South Carolina before the American revolution, and her father adhered to the American cause and remained and was at his death a citizen of South Carolina. There is no dispute that his daughter Ann, at the time of the Revolution and afterwards, remained in South Carolina until December, 1782. Whether she was of age during this time does not appear. If she was, then her birth and residence might be deemed to constitute her by election a citizen of South Carolina. If she was not of age, then she might well be deemed under the circumstances of this case to hold the citizenship of her father, for children born in a country, continuing while under age in the family of the father, partake of his national character as a citizen of that country. Her citizenship, then, being prima facie established, and indeed this is admitted in the pleadings, has it ever been lost, or was it lost before the death of her father, so that the estate in question was, upon the descent cast, incapable of vesting in her? Upon the facts stated, it appears to us that it was not lost and that she was capable of taking it at the time of the descent cast.
Dred Scott v. Sandford, 60 U.S. 393 (1857)
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. As society cannot perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their parents, and succeed to all their rights.' Again: 'I say, to be of the country, it is necessary to be born of a person who is a citizen; for if he be born there of a foreigner, it will be only the place of his birth, and not his country. . . .
Minor v. Happersett , 88 U.S. 162 (1875)
The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first.
United States v. Wong Kim Ark, 169 U.S. 649 (1898)
At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children, born in a country of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners.
Perkins v. Elg, 307 U.S. 325 (1939),
Was a decision by the Supreme Court of the United States that a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child's natural born citizenship is not lost if the child is taken to and raised in the country of the parents' origin, provided that upon attaining the age of majority, the child elects to retain U.S. citizenship "and to return to the United States to assume its duties." Not only did the court rule that she did not lose her native born Citizenship but it upheld the lower courts decision that she is a "natural born Citizen of the United States" because she was born in the USA to two naturalized U.S. Citizens.
But the Secretary of State, according to the allegation of the bill of complaint, had refused to issue a passport to Miss Elg 'solely on the ground that she had lost her native born American citizenship.' The court below, properly recognizing the existence of an actual controversy with the defendants [307 U.S. 325, 350] (Aetna Life Ins. Co. v. Haworth, 300 U.S. 227 , 57 S.Ct. 461, 108 A.L.R. 1000), declared Miss Elg 'to be a natural born citizen of the United States' (99 F.2d 414) and we think that the decree should include the Secretary of State as well as the other defendants. The decree in that sense would in no way interfere with the exercise of the Secretary's discretion with respect to the issue of a passport but would simply preclude the denial of a passport on the sole ground that Miss Elg had lost her American citizenship."
The Supreme Court of the United States has never applied the term “natural born citizen” to any other category than “those born in the country of parents who are citizens thereof”.
Two of the very cases you cite as supporting your contention actually establish that under British common law (which is the source of U.S. Law), “Natural Born Citizen” has always meant “one born under allegiance to the King” regardless of “parentage.”:
U.S. vs. Ark:
“It thus clearly appears that, by the law of England for the last three centuries, beginning before the settlement of this country and continuing to the present day, aliens, while residing in the dominions possessed by the Crown of England, were within the allegiance, the obedience, the faith or loyalty, the protection, the power, the jurisdiction of the English Sovereign, and therefore every child born in England of alien parents was a natural-born subject unless the child of an ambassador or other diplomatic agent of a foreign State or of an alien enemy in hostile occupation of the place where the child was born.
This was cited expressly in Lynch v Clarke, upon which Ark relies.
Perkins v. Elg affirms U.S. v. Ark.
So?
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