I Put My Thinking Cap On
I left this response on an older post today in response to an obama fan (clinger).
It is imperfect logic, I know full well, but it is based on writings I haven’t yet studied in depth, having only read through the one twice quickly, and being in the process of reading another that also references this one.
In the meanwhile, I will post this here and you can all have a look. Discuss this with me in comments please.
Actually-I’ve been reading William Rawle’s take on the Constitution. The whole thing. I am now in the process of reading “Commentaries on the Constitution”, by Story.
Thing is with what you referenced in a different comment (still in moderation), about the “natural born citizen” definition by William R., is that all I can find to read is an edited version-not one with the original wording. Also, Rawles mentioned three classes of citizens, one is naturalized, which he spends most time on, the other two he is very vauge. He is a RABID abolitionist, and so his comment on “natural born” may reflect somewhat on his personal viewpoint-that is just my own supposition.
For it is not spelled out that a child born to “aliens” on US soil, would have to become naturalized prior to running for president – not in his essay or in the Constitution itself. What I mean by this is if the “aliens” were simply visitors, and never intended or desired to become naturalized, and returned to their home country, taking Baby along with them, then Baby comes back at age thirty, kicks around for awhile, then decides to run for president, are there no checks against this? He does spell out the requirements for a senator to have to be at least a naturalized citizen for no less than nine years prior to seeking office. the reason he sets out is: (emphasis mine)
“The person appointed must be at least thirty years of age, have been a citizen of the United States nine years, and at the time of his election, he must be an inhabitant of the state by which he shall be chosen. The senatorial trust requiring great extent of information and stability of character, a mature age is requisite. Participating immediately in some of the transactions with foreign nations, it ought to be exercised by those who are thoroughly weaned from the prepossessions and habits incident to foreign birth and education. The term of nine years is a reasonable medium between a total exclusion of naturalized citizens, whose merits and talents may claim a share of public confidence, and an indiscriminate and hasty admission of them, which might possibly create a channel for foreign influence in the national council. 2″
Here is the part that you referenced:
“It cannot escape notice, that no definition of the nature and rights of citizens appears in the Constitution. The descriptive term is used, with a plain indication that its meaning is understood by all, and this indeed is the general character of the whole instrument. Except in one instance, it gives no definitions, but it acts in all its parts, on qualifies and relations supposed to be already known. Thus it declares, that 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 — that no person shall be a senator who shall not have been nine years a citizen of the United States, nor a representative who has not been such a citizen seven years, and it will therefore be not inconsistent with the scope and tendency of the present essay, to enter shortly into the nature of citizenship.”
The citizens of each state constituted the citizens of the United States when the Constitution was adopted. The rights which appertained to them as citizens of those respective commonwealths, accompanied them in the formation of the great, compound commonwealth which ensued. They became citizens of the latter, without ceasing to be citizens of the former, and he who was subsequently born a citizen of a state, became at the moment of his birth a citizen of the United States. Therefore every person born within the United States, its territories or districts, whether the parents are citizens or aliens, is a natural born citizen in the sense of the Constitution, and entitled to all the rights and privileges appertaining to that capacity.
The reference is clearly to clarify that AT THE SIGNING OF THE CONSTITUTION (or when the constitution was ratified), all citizens of all the states, regardless if their parents were aliens at the time, became “natural born citizens”. Of course there were alien parents at that time – it wasn’t “quite” the United States yet, although we had been officially recognized as a sovereign nation on Sept. 3, 1783, the Constitution hadn’t been ratified yet.. The states had until that time each done their own thing as to naturalization. Once the Constitution was signed, that job was now regulated to the Congress of the United States. So, yes, at the signing and ratified, everyone born in the country was considered a natural born, and their parents were no longer “aliens” but (naturalized) citizens.