a few minor contentions, common law dealt with real property law, not citizenship laws.
http://www.svpvril.com/OACL
.html
If we followed British common law to the letter we would never have permitted slavery.
http://medicolegal.tripod.c
om/slaveryillegal.htm
Just to humor myself:
EXCERPT 1. U.S. Constitution, Article II, §1:
No Person except a natural born Citizen, OR a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;
EXCERPT 2: de Vattel’s Law of Nations circa 1758 Book 1, Chapter XIX, § 212:
The natives, or NATURAL-BORN CITIZENS, are those born in the country, of parents who are citizens…The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent.
Finally, the main item in the Constitution that ties both together:
EXCERPT 3: U.S. Constitution, Article I, §8:
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! It was sitting right under our noses the entire time.
http://james4america.wordpr
ess.com/2009/08/07/u-s-cons
titution-and-vattels-law-of
-nations-the-answer-has-bee
n-there-all-the-time/
Just to humor you:
Suppose a person should be elected President who was native born, but of alien parents, could there be any reasonable doubt that he was eligible under the constitution? I think not. The position would be decisive in his favor that by the rule of the common law, in force when the constitution was adopted, he is a citizen. ---Lynch v. Clarke. 1844
Here is the Dred Scott decision which was written after Lynch and would appear to overrule it...
"the Court said: "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. . . ." Dred Scott v. Sandford, 60 U.S. 393, 476-77 (1857).
http://puzo1.blogspot.com/2
009/09/natural-born-citizen
-clause-requires.html
Munro vs. Merchant (N.Y. 1858),; native born, not natural born
Minor v. Happersett, 88 U.S. 162 (1874); parents to be considered natural born
Unfortunately for Obama, the Wong case was unique and only applied to Wong. In fact Scalia considers it one that is open to review and should be overturned.
Don't worry the Supreme Court will make its ruling soon enough, just start practicing the backstroke.
Don't waste your vote, vote Green or Independent in the next election.
by
mcamelyne on
09/06/2010 10:07:11 AM EST
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