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Originally Posted by InformedConsent
Benjamin Franklin noted Vattels' Law of Nation's influence on the "rising state" in his correspondence to Dumas in 1775.
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EGHAD you're a freaking Vattelist
NEWS for YOU
VATTEL's Law of NAtions was translated into ENGLISH 10 years after the CONSTITUION WAS WRITTEN! and the term "natural born citizen": didn't EVEN appear in that version!
And our nation wasn't based on a SWISS PHILOSOPHER's IDEALS!
Most of our laws are BASED ON ENGLISH COMMON LAW, you KNOW THAT COUNTRY THAT MOST OF OUR FOREFATHERS ESCAPED FROM!
Article 2 and 14th amendment of our Constitution CLEARLY establishes who is a citizen and how to become won
You are either BORN a citizen or you ARE NATURALIZEd.
Since you have to be foreign born to be naturalized, all person's born in the US borders are automatic citizens at birth. Since you are a citizen at birth, you are a natural born citizen, NO matter who the **** your parents are.
Wong Kim Ark proved this!
Wong Kim Ark was the son of Chinese Immigrants, during a time when there was the Chinese Exclusion act in place (this DISALLOWED ALL immigrant chinese to be naturalized! THEY COULDN'T BECOME CITIZENS!) was born in San Francisco, CA. Because his parents couldn't become citizens, the US Supreme Court ruled that by virtue of being born on US Soil, he was was citizen of the United States:
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[W]hether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States by virtue of the first clause of the Fourteenth Amendment of the Constitution[.]
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As another example, Bobby Jindal (Republican) wouldn't meet the Constitution's NBC requirement, either - his parents were not American citizens at the time of his birth.
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False he would be if he was born on US Soil.
You forget that Chester A Arthur had only 1 parent who was a citizen (his father wasn't till after he was born). And despite claims from his bitter opponent, the election board did not see and issue with his citizenship.
Your claim of Vattel's definition has no place in our history and our LEGAL history supports born in america = Natural born citizen
Mustata v. US Dept. of Justice, 179 F.3d 1017 (6th Cir. 1999) (children born in US to two Romanian citizens described as “natural born citizens†of the US):
Petitioners Marian and Lenuta Mustata are citizens of Romania. At the time of their petition, they resided in Michigan with their two minor children, who are natural born citizens of the United States.
DeTomaso v. McGinnis,
970 F2d 211 (7th Cir. 1992) (equating “natural born citizen†with “native born citizen†for purposes of presidential eligibility):
DeTomaso is “eligible†to be President of the United States if he is “a natural born Citizen … [who has] attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.†Art. II § 1 cl. 5. A 35-year-old native does not have a property interest in the presidency.
Diaz-Salazar v. INS,
700 F.2d 1156 (7th Cir. 1983) (child born in US to Mexican citizen is “natural born citizen†of US):
Petitioner, Sebastian Diaz-Salazar, entered the United States illegally [from Mexico] in 1974 and has been living and working in Chicago since that time. *** The relevant facts which have been placed before the INS, BIA, and this court can be summarized as follows: The petitioner has a wife and two children under the age of three in Chicago; the children are natural-born citizens of the United States.
Nwankpa v. Kissinger, 376 F. Supp. 122 (M.D. Ala. 1974) (child born in US to two Biafra citizens described as “natural born citizen†of the US):
The Plaintiff was a native of Biafra, now a part of the Republic of Nigeria. His wife and two older children are also natives of that country, but his third child, a daughter, is a natural-born citizen of the United States.
Liacakos v. Kennedy, 195 F. Supp. 630 (D.D.C. 1961) (holding that where evidence supported contention that person was born in US (to two citizens of Greece), he was a “natural born citizen†of the US):
The plaintiff claims that he is a natural-born citizen of the United States, having been born in Wheeling, West Virginia, on July 14, 1900. He claims that when he was two or three years of age his parents returned to their native Greece… ***
The Court is of the opinion that, weighing the evidence on both sides, the plaintiff has established by a fair preponderance of the evidence that he is a natural-born citizen of the United States, and the Court so finds.
Nyman v. Erickson, 170 P. 546 (Wash. 1918) (child born in the US to Russian citizen was “natural born citizen†of US):
Appellant was therefore, as correctly decided by the General Land Office and the Department of the Interior, not an heir of the deceased entryman, while at the time of the final proof at least the grandchild Esther Gustafson undoubtedly was. She was born in a state of the United States, and whether her parents were naturalized or not, under the Constitution she is a natural-born citizen of the United States entitled to the benefits of all the laws of the United States and of the state. U. S. Const. Amend. 14, § 1.
State ex rel. Carroll v. Sup. Ct. of Washington, 193 P. 226 (Wash. 1920) (holding that there are two (and only two) paths to citizenship and that natural born citizenship depends upon location of birth):
According to the Fourteenth Amendment of the Constitution of the United States there are two methods by which a person may become a citizen: (a) By birth in the United States; and (b) by naturalization therein . A natural-born citizen’s right to vote depends upon his place of birth, and this is the fact to be established. A naturalized citizen’s right to vote depends, not upon his place of birth, but on a judgment or decree of a court of competent jurisdiction, declaring either him or his ancestor a naturalized citizen.
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