§ 212. Citizens and natives.
>" 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. "<
Vattel: The Law of Nations: Book I
Vattel’s Law of Nations and the Founding Fathers
>" Vattel was the key in the United States Constitution in determining the Article 2 Natural Born Citizen clause. Here is a list of the references used by John Adams, Thomas Jefferson, and George Washington in regards to Vattel’s Law of Nations. This should dispel any notion that the Founding Fathers did not use the Law of Nations as their guide..."<
Vattel’s Law of Nations and the Founding Fathers | Nobarack08's Weblog
'The Law of Nations or Principles of Natural Law' as U.S. Federal Common Law Not English Common Law Define What an Article II Natural Born Citizen Is
>" There are two United States Supreme Court decisions that show that the meaning of an Article II “natural born Citizen” is not found in the Fourteenth Amendment or in any other part of the Constitution, but rather in the common law. The Supreme Court decided these cases after the Fourteenth Amendment was adopted in 1868. In the first case, the Court decided whether the person was a "natural-born citizen" and in the second one whether the person was a "citizen of the United States."
Chief Justice Waite, in Minor v. Happersett, in 1875, stated: "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." Minor v. Happersett, 88 U.S. 162 (1875). Additionally, it is important to note that, even though the Fourteenth Amendment was already in place, Justice Waite stated that there is doubt as to whether a child born in the United States to foreign parents is a citizen (Id. at 167-68) and that the Fourteenth Amendment did not affect the citizenship of men or women. Id. at 170. It is also critical to note that Justice Waite did not refer to the English common law when defining a "natural born citizen," for we shall see that the English common law did not consider the citizenship of the child's parents when declaring that child a "natural born subject." Rather, Justice Waite refered to the "common law" that as we shall see below has its origins in the law of nations and natural law and which became U.S. common law..."<
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Law of Nations
"A democracy cannot exist as a permanent form of government. It can only exist until the majority discovers it can vote itself largess out of the public treasury." Attributed to Alexander Tytler
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
>" So what was to be the premise behind America’s first and only constitutional birthright declaration in the year 1866? Simply all children born to parents who owed no foreign allegiance were to be citizens of the United States – that is to say – not only must a child be born but born within the complete allegiance of the United States politically and not merely within its limits. "<
What ‘Subject to the Jurisdiction Thereof’ Really Means
Re: Barack Obama, Barack's father was a British subject and a citizen of Kenya and owed no allegiance to the United States. Obama's father was never issued a immigration visa so he wasn't an immigrant and owed no allegiance to the Unites States.
Note: This article was first published when 99 % of Americans didn't know who Obama was. It's not a birther thing. It was the law at the time and it was what I was taught in school.
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