Great post and entirely correct.<quoted text>
The Law of Nations doesn't apply to domestic or municipal law of the United States. The Law of Nations (currently referred to as International law) is a law governing nations with respect to other nations. It has nothing to do with citizenship laws of individual nations.
.“Citizenship depends, however, entirely on municipal law and is not regulated by international law.“ Tomasicchio v. Acheson, 98 F. Supp. 166, 169 (DC 1951).
Moreover, the United States Supreme Court has held that our citizenship laws were inherited from English common law. "Our concept of citizenship was inherited from England and, accordingly, was based on the principle that rights conferred by naturalization were subject to the conditions reserved in the grant. See Calvin's Case, 7 Co. Rep. 1 a, 77 Eng. Rep. 377 (1608). Schneider v. Rusk, 377 US 163, 170 (1964).
“We thus have an acknowledgment that our law in this area follows English concepts with an acceptance of the jus soli, that is, that the place of birth governs citizenship status except as modified by statute.” Rogers v. Bellei, 401 US 815,828(1971)
Nowhere in over 200 years of court opinions have had any court suggested that our citizenship law was based on Vattel's concept of citizenship. In fact, there are many court cases that held that children born in the United States to parents other than citizen parents are natural born citizens.
As for the drafting of the Constitution, Blackstone's influence is noted throughout the document, such as, Law of Nations clause in which it was noted: ""In the fourth volume of his Commentaries, Blackstone has a chapter on “Offences against the Law of Nations.” Guided by Blackstone, the Founding Generation viewed the law of nations as a system of rules deducible by natural reason, and established by universal consent among the civilized inhabitants of the world. Justice Story would later put it,“every doctrine that may be fairly deduced by correct reasoning from the rights and duties of nations, and the nature of moral obligation, may be said to exist in the law of nations.” 3 Dartmouth C. Undergraduate J.L. 51 (2005)
Another example of Blackstone' influence "The universal maxim of the common law of England, as Sir William Blackstone expresses it,`that no man is to be brought into jeopardy of his life more than once for the same offence,' is embraced in article V of amendments to the Constitution of the United States, and in the constitutions of several States, in the following language:`Nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;' and in many other States the same principle is incorporated in the organic law, Kepner v. United States, 195 US 100, 132 (1904)
As for Vattel's contribution to the Constitution, there has not been one decision in which a court has cited Vattel's influence on drafting of the CONSTITUTION. This is not to say that courts have not cited Vattel on the INTERNATIONAL LAW in which his book "Law of Nations" have been cited by the courts but as to the CONSTITUTION AND MUNICIPAL LAWS OF THE UNITED STATES, Vattel's influence was nonexistent.
The subject of citizenship by birth has been settled by every part of our judicial system, and is no longer a matter for debate.