Publius Huldah: What Our Framers Knew: The Constitution, Vattel, and “Natural Born Citizen”

[PAF]

September 29, 2014 by Publius Huldah

"What does this tell us? That they all knew what it meant. We don’t go around defining “pizza”, because every American over the age of four knows what a pizza is.

Our Framers had no need to define “natural born Citizen” in the Constitution, because by the time of the Federal Convention of 1787, a formal definition of the term consistent with the new republican principles1 already existed in Emer Vattel’s classic, Law of Nations.

And we know that our Framers carefully studied and relied upon Vattel’s work. I’ll prove it."

Continue:

http://www.dcclothesline.com/2014/09...-born-citizen/

https://publiushuldah.wordpress.com/...-born-citizen/

[William Tell]

Bump! very good post!

[YesI'mALiberal]

HARVARD LAW REVIEW FORUM

On the Meaning of “Natural Born Citizen”

Commentary by Neal Katyal & Paul Clement
MAR 11, 2015
128 Harv. L. Rev. F. 161


We have both had the privilege of heading the Office of the Solicitor General during different administrations. We may have different ideas about the ideal candidate in the next presidential election, but we agree on one important principle: voters should be able to choose from all constitutionally eligible candidates, free from spurious arguments that a U.S. citizen at birth is somehow not constitutionally eligible to serve as President simply because he was delivered at a hospital abroad.

The Constitution directly addresses the minimum qualifications necessary to serve as President. In addition to requiring thirty-five years of age and fourteen years of residency, the Constitution limits the presidency to “a natural born Citizen.”^1×1. U.S. Const. art. II, § 1, cl. 5. All the sources routinely used to interpret the Constitution confirm that the phrase “natural born Citizen” has a specific meaning: namely, someone who was a U.S. citizen at birth with no need to go through a naturalization proceeding at some later time. And Congress has made equally clear from the time of the framing of the Constitution to the current day that, subject to certain residency requirements on the parents, someone born to a U.S. citizen parent generally becomes a U.S. citizen without regard to whether the birth takes place in Canada, the Canal Zone, or the continental United States.^2×2. See, e.g., 8 U.S.C. § 1401(g) (2012); Immigration and Nationality Act of 1952, Pub. L. No. 82-414, § 303, 66 Stat. 163, 236–37; Act of May 24, 1934, Pub. L. No. 73-250, 48 Stat. 797.

While some constitutional issues are truly difficult, with framing-era sources either nonexistent or contradictory, here, the relevant materials clearly indicate that a “natural born Citizen” means a citizen from birth with no need to go through naturalization proceedings. The Supreme Court has long recognized that two particularly useful sources in understanding constitutional terms are British commonlaw^3×3. See Smith v. Alabama, 124 U.S. 465, 478 (1888). and enactments of the First Congress.^4×4. See Wisconsin v. Pelican Ins. Co., 127 U.S. 265, 297 (1888). Both confirm that the original meaning of the phrase “natural born Citizen” includes persons born abroad who are citizens from birth based on the citizenship of a parent.

much more: http://harvardlawreview.org/2015/03/...-born-citizen/

[YesI'mALiberal]

And even more to the point ... this has been litigated several times by birthers, and the Vattelite argument (in the OP) has been rejected every time.

The way to keep Ted Cruz out of the White House is to vote against him.

[Jeremy]

Not to mention that the first 7 presidents weren't born in the United States.

[Danke]

Not to mention that the first 7 presidents weren't born in the United States.

That is cover by: "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;"

[phill4paul]

We should probably import all of government functionaries. The military and the police do it. This will just be an extension.

[Jan2017]

Not to mention that the first 7 presidents weren't born in the United States.

But, George Washington was born in Virginia and No. 7 Andrew Jackson was born somewhere along North or South Carolina border . . .

John Jay's intent on penning that requirement in a letter to his friend delegate George Washington in July 1787
was to avoid a foreign-born (i.e. England or others) commander-in-chief.

It may have been the first use of the phrase commander to refer to President as well.

[William Tell]

That is cover by: "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;"

+Rep.

[rg17]

Delete Post

[rg17]

Why is Ted Cruz getting a pass for being born in Canada when he is completely ineligible to run for president?