Pure BS!<quoted text>
The problem with Vattelites in their argument that the term Natural Born Citizen is founded on Roman or Civil Law instead of English Common Law is that their argument demonstrates their disregard that the Constitution provisions are framed in the language of the English Common Law and their argument ignores the historical development of Anglo-American jurisprudence that is rooted in the English Common Law.
Courts have recognized that the drafters of the constitution of whom most were lawyers were influenced by the principles and history of the common law that we inherited from the English.“The principles and history of the common law were well known to the framers of the Constitution and the members of the First Congress; it was from that system that their terminology was derived; and the provisions of the Constitution and contemporaneous legislation must be interpreted accordingly.” Southern Pacific Co. v. Jensen, 244 US 205, 230 (1917)
Moreover, Chief Justice Taft stated in Ex Parte Grossman, 267 U.S. 76, 108-09 (1925):“The language of the Constitution cannot be interpreted safely except by reference to the common law and British institutions as they were when the instrument was framed and adopted.”
Since the drafters of the Constitution wrote it in the language of the English common law then according to statutory construction that unless otherwise defined in the Constitution, words are to be taken at their ordinary and contemporary meaning.“ A fundamental canon of statutory construction is that, unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning.” Perrin v. United States, 444 US 37,42 (1979).
Moreover, if the use of words in the Constitution had a common law meaning then the courts must infer the incorporation of this common law meaning unless the language of the Constitution compels a different meaning. "[G]uided by the principle that where words are employed in a statute which had at the time a well-known meaning at common law or in the law of this country they are presumed to have been used in that sense unless the context compels to the contrary.” Standard Oil Co. of NJ v. United Sates, 221 US 1, 59 (1911)
Furthermore, if words were created not by positive law but rather by judicially created concept then any interpretation of those words other than their common law meaning must be specific and clear. "The normal rule of statutory construction is that if Congress intends for legislation to change the interpretation of a judicially created concept, it makes that intent specific." Stillians v. Iowa, 843 F.2d 276, 280 (8th Cir.1988)(internel citations omitted)
In other words, If drafters of the Constitution used words in the Constitution that have a common law meaning then it is PRESUMED that drafters intended common law application of the words UNLESS there is language in the Constitution that intended a contrary interpretation of the words.
As such, the term natural born citizen is a derivation of the term natural born subject that was a judicially created concept as articulated by Blackstone in his Commentaries of the Laws of England (1765) then UNLESS the founding fathers intended a different meaning other than the common law rule meaning of natural born citizen it was the responsibility of drafters to incorporate this different meaning.
The failure of the drafters to indicate a different meaning other than the common law meaning of natural born citizen in the Constitution demonstrated that the drafters intended to incorporate the established common law meaning of natural born citizen.