View Single Post
      06-01-2011, 11:11 PM   #15
scottwww
Brigadier General
 
scottwww's Avatar
 
Drives: 07 BMW 335i Cpe, 05 Mazda RX8
Join Date: Dec 2006
Location: USA

Posts: 4,759
iTrader: (0)

Send a message via MSN to scottwww
Quote:
Originally Posted by 11Series View Post
Citizen consists of 2 groups:

1) Natural Born citizens who obtained citizenship through birth.
2) Naturalized citizens, who obtained citizenship through Naturalization. The phrase "Naturalization" refers to the process where a non-citizen gains the status that Natural Born citizens gained through birth.

"Naturalization" refers directly to "Natural Born". This is the root of the term "Naturalization", and why we use that term.

There is no third type of citizenship in the United States, and no silly European French-Swiss dead guy you quote can change that. Only a hard-core delusional nutter would turn to a French-Swiss European for determining US law.
What is the source of the piece you quoted? Is the writer of this excerpt a nutter?
Obviously, where the constitution deals with common-law rights and uses common-law phraseology, its language should be read in the light of the common law; but when the question arises as to what constitutes citizenship of the nation, involving, as it does, international relations, and political as contradistinguished from civil status, international principles must be considered; and, unless the municipal law of England appears to have been affirmatively accepted, it cannot be allowed to control in the matter of construction.

Nationality is essentially a political idea, and belongs to the sphere of public law. Hence Mr. Justice Story, in Shanks v. Dupont, 3 Pet. 248, said that the incapacities of femes [169 U.S. 649, 708] covert, at common law, 'do not reach their political rights, nor prevent their acquiring or losing a national character. Those political rights do not stand upon the mere doctrines of municipal law, applicable to ordinary transactions, but stand upon the more general principles of the law of nations.'

Twiss, in his work on the Law of Nations, says that 'natural allegiance, or the obligation of perpetual obedience to the government of a country, wherein a man may happen to have been born, which he cannot forfeit or cancel or vary by any change of time or place or circumstance, is the creature of civil law, and finds no countenance in the law of nations, as it is in direct conflict with the incontestable rule of that law.' Volume 1, p. 231.

Before the Revolution, the views of the publicists had been thus put by Vattel: '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 h erefore 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.' Vatt. Law Nat. bk. 1, c. 19, 212. 'The true bond which connects the child with the body politic is not the matter of an inanimate piece of land, but the moral relations of his parentage. ... The place of birth produces no change in the rule that children follow the condition of their fathers, for it is not naturally the place of birth that gives rights, but extraction.'

And to the same effect are the modern writers, as, for instance, [169 U.S. 649, 709] Bar, who says: 'To what nation a person belongs is by the laws of all nations closely dependent on descent. It is almost a universal rule that the citizenship of the parents determines it,-that of the father where children are lawful, and, where they are bastards, that of their mother, without regard to the place of their birth; and that must necessarily be recognized as the correct canon, since nationality is in its essence dependent on descent.' Int. Law, 31.

The framers of the constitution were familiar with the distinctions between the Roman law and the feudal law, between obligations based on territoriality and those based on the personal and invisible character of origin; and there is nothing to show that in the matter of nationality they intended to adhere to principles derived from regal government, which they had just assisted in overthrowing.

Manifestly, when the sovereignty of the crown was thrown off, and an independent government established, every rule of the common law, and every statute of England obtaining in the colonies, in derogation of the principles on which the new government was founded, was abrogated. - U.S. v. Wong Kim Ark
scottwww is offline   United_States
0
Reply With Quote