u are the dodo bird ...<quoted text>
Soon to be "extinct" ...
VATTEL - "The Law of Nations"
Vattel’s Influence on the term
a Natural Born Citizen
What is a natural born citizen? Where did the framers come up with this term? Where was it used before? So many questions, and the answers are right there if anyone wishes to search out the truth.
The term Natural born Citizen appears in our Constitution, in Article 1, Section 2, with these words,
“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;
neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.”
Before the Constitution the closest reference we have to Natural Born Citizen is from the legal treatise “the Law of Nations,” written by Emerich de Vattel in 1758. In book one chapter 19,
§ 212. Of the 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.”
***The U. S. Constitution, in Article I, authorized Congress to define and punish “Offences against the Law of Nations,” and the very first Congress passed the Alien Tort Act... entertain civil actions brought by an alien for a tort “committed in violation of the law of nations or a treaty of the United States.”
The law of nations, Chief Justice Marshall famously said in 1815, is part of the law of our land. <<--<<< Decisions of the courts of other countries, Marshall explained, show how the 'law of nations 'is understood elsewhere, and will be considered in determining the rule which is to prevail here. Those decisions, he clarified, while not binding authority for U. S. courts, merit respectful attention for their potential persuasive value.
... the U. S. Supreme Court reaffirmed that
“[i]nternational law is part of our law and must be ascertained and administered by [our] courts of justice ... resort must be had to the customs and usages of civilized nations, and, as evidence of these, to the works of jurists and commentators, who by years of labor, research and experience, have made themselves peculiarly well acquainted with the subject of which they treat.”
Those works today, include the writings of many in this audience.
Clause 10: To define and punish Piracies and Felonies committed on the high Seas, and Offences against the >>> Law of Nations; <<<