Texas My Texas

December 27, 2008

“The Laws of Nations”

Filed under: "The Laws of Nations" — prowlland @ 7:06
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Also quoted is an excerpt from “The Laws of Nations” by Emmerich de Vattel, a book published in 1758, which Justice Scalia has used to define other terms in the Constitution:

 

“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 the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The society is supposed to desire this, in consequence of what it owes to its own preservation; and it is presumed, as matter of course, that each citizen, on entering into society, reserves to his children the right of becoming members of it. The country of the fathers is therefore that of the children; and these become true citizens merely by their tacit consent. We shall soon see whether, on their coming to the years of discretion, they may renounce their right, and what they owe to the society in which they were born. 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.”

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2008

Author, P.A. Madison, from The Federalist Blog examined the issue and has been quoted as saying the following:

“One universal point most all early publicists agreed on was natural-born citizen must mean one who is a citizen by no act of law. If a person owes their citizenship to some act of law (naturalization for example) they cannot be considered a natural-born citizen. This leads us to defining natural-born citizen under the laws of nature, or jus naturale, the laws the founders recognized and embraced.

 

Under the laws of nature, every child born requires no act of law to establish the fact the child inherits through nature his/her father’s citizenship as well as his name (or even his property) through birth. This law of nature is also recognized by law of nations.

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1866

Representative John Bingham of Ohio, who is considered by many the “Father of the Fourteenth Amendment”, : 

“[I] find no fault with the introductory clause [S 61 Bill], which is simply declaratory of what is written in the Constitution, that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen…[6]”

Bingham is also quoted saying in the Spring of 1868 some serious warnings:

“May God forbid that the future historian shall record of this day’s proceedings, that by reason of the failure of the legislative power of the people to triumph over the usurpations of an apostate President, the fabric of American empire fell and perished from the earth!…I ask you to consider that we stand this day pleading for the violated majesty of the law, by the graves of half a million of martyred hero-patriots who made death beautiful by the sacrifice of themselves for their country, the Constitution and the laws, and who, by their sublime example, have taught us all to obey the law; that none are above the law…

 

 

 

 

 

http://americamustknow.com/default.aspx

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2 Comments »

  1. It’s a shame that none of this is actual case law, or the current definition of “citizen” under Title 8.

    These cases have no place to go, a) because they cite irrelevant precedents and incorrect law, and because — even if the motions were legally grounded — there is not a single shred of documentary evidence or sworn testimony that proves Barack Obama is anything other than what he claims he is.

    Not even the McCain resolution helps, because it’s unenforceable and doesn’t specifically exclude a child with only ONE American parent. Besides, since the McCain resolution was co-sponsored and partly drafted by Barack Obama, a Constitutional scholar, I rather doubt there are any major “gotchas” in it.

    Citing Vattel is a parlor game, and merely embarrasses the people who do so.

    Comment by LastPlaneOut — February 27, 2009 @ 7:06

  2. One notes that the phrase “natural born citizen” (or the literal equivalent in French) does not appear in the original 1758 edition of de Vattel. The citation above was taken from a translation made about 100 years after the Constitution was ratified.

    Visit my web site for lots more on Vattel. http://www.obamaconspiracy.org/category/whoswho/emerich-de-vattel/

    Just thought you’d like to know.

    Comment by Dr. Conspiracy — May 6, 2009 @ 7:06


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