washamericom
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- Jun 19, 2010
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- #121
i love that you quote de vattelnotwithstanding (again)i thought there were only 2 kinds ?
one daughter, not born yet.
so please clarify. can any child born on us soil be president ? or vice ?
i think this thread and the ones before it work extremely well, i'm having a great time !
Any child born under our law can be a president. The child of an Ambassador or an invading army wouldn't be under our law. And thus, any child born in our territory wouldn't be a US citizen. And thus, not a natural born citizen.
i'd like to look a little closer here,
Were Will, Kate and their daughters born in the US and US citizens at birth?
No. So no, they couldn't be president.
And that has what relevance with Obama's eligibility?
that is a damn fine question... let's ponder on that. and not just obamavich. there is a whole parade coming down the pike. fuddy the clown will like that
btw one sun won dautter, on the way
When you actually have a question, fire away. My only caveat be your question be in English.
here, phrased in more form, as you like it ...
And you'll still need to give some context to your statements and offer some relevance to your questions.
what is the distinction of natural born, and why did they grandfather themselves. seems an odd addendum, if just anyone could be president. or vice.
somewhere in this thread, i asked, could wiilsd and kate have their daughter here and have her eligible to be vice or president, once she's thirty five ?
.
And that has what relevance with Obama's eligibility?
let's keep it simple: i asked, could wiilsd and kate have their daughter here and have her eligible to be vice or president, once she's thirty five ?
you answered:
Were Will, Kate and their daughters born in the US and US citizens at birth?
No. So no, they couldn't be president
so i'll ask again if prince william and his wife kate have their daughter here in America, could she be president or vice president of the United States of America. that's the question.
not whether or not "their daughters" (i don't know what rock you're under) were born here. there is a subtle distinction. for U
"you need" to slow down and comprehend. other than that, you seem delightful.
No. The Heads of State like Queen Elizabeth enjoy a special status known as 'Sovereign Immunity'. Which effectively places the outside the jurisdiction of US law. While Kate is not the head of state, its widly recognized among scholars in international law that the royal family would enjoy the same status. Thus, Kate's 'sovereign immunity' would place her outside the jurisdiction of US laws. And consequently, none of the children she bore here would be US citizens. And thus, couldn't be president.
The only conceivable standard of natural born citizenship the founders could have understood when the constitution was written was the English common law definition. Which clearly recognized natural born status as following place of birth, even if the child's parents were both aliens. As long as the parents were subject to the laws of the king, any child they bore was born under the 'allegiance' of the king. And thus, acquired natural born status.
However, if the parents were diplomats or foreign soldiers occupying the king's lands, then they would not be subject to his authority. And thus no child born to such parents would be born into the King's allegiance. And would not be natural born subjects of his realm.
Some have argued that the Founders followed the book called The Law of Nation's in defining natural born citizenship. But this is clearly nonsense. The book was written in French 1758. It was translated into English in 1760. No English translation at the time of the writing of the constitution included the words 'Natural born citizen'. It didn't appear until the 1797 edition of Law of Nations....10 years after the constitution was written and ratified.
In both the 1760 and 1787 English Editions (the only two English editions that the founders could have had access to), Vattel's law of nations said as follows:
"The natives or indigenes, are those born in the country of the parents who are citizens. "
Vattel's Law of Nations, 1760 and 1787 Editions
And 'indigenes' as written in in the original french means 'indigenous' when translated. Not 'natural born citizen. Eliminating Vattel as the source of the Founder's understanding of the term.
Even logically, English common law makes sense. The legal tradition the founders were most familiar with was the English tradition. English common law would thus be the most logical source of their understanding of the meaning of terms. And given the fact that only English Common law was available at the time of the writing of the constitution as a plausible source for the term 'natural born', logic even more firmly falls on the side of English Common Law. And finally, it was English Common Law that the USSC cited as the lens through which constitutional terms can be understood in the case 'Wong Kim Ark v. US'.
So we have legal precedent, logic, history, and sequence all working in favor of natural born status being based on where you were born. Which is why most legal scholars recognize the place of birth as most closely linked to natural born status.
Federal judge s order confirms scheduled contempt hearing for Arpaio
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